Telekområdgivarna – Code of Conduct
Code of Conduct for Subscription Agreements for TV, Telephony and Broadband. The rules apply from 13 August 2024. This page is only available in Swedish.
The Code of Conduct of Telekområdgivarna applies when an operator that is a member of Telekområdgivarna enters into, or has entered into, an agreement with consumers or sole traders for the services of TV, telephony and broadband. The rules do not apply to the sale of content services.
The Code of Conduct applies to all Telekområdgivarna’s partners and their resellers. They go beyond current legislation and provide consumers who sign a subscription with any of these operators with even better consumer protection.
Industry Agreement
The Code of Conduct also includes a reference to an Industry Agreement aimed at promoting ethical sales practices. The overarching objective of the Industry Agreement is that mobile operators operating in the Swedish market for mobile services should adopt an ethical approach when selling and entering into agreements with consumers and sole traders (hereinafter referred to as subscribers).
Definitions
- Operator refers also to a representative who enters into an agreement on behalf of the operator with the subscriber, such as a reseller.
- Subscriber refers to either a consumer or an authorised signatory for a sole proprietorship.
- Consumer refers to a natural person acting primarily for purposes outside business activities.
- Entering into an agreement refers to the conclusion of a new agreement as well as any amendment or extension of an existing agreement.
- Subscription refers to agreements for prepaid cards as well as subscriptions including associated services and, where applicable, hardware, so-called bundled purchases.
- Minimum total cost refers to all mandatory costs during the commitment period (such as one-off costs for hardware purchase and subscription, as well as the fixed periodic cost).
Telekområdgivarna’s Code of Conduct
1. Authority to enter into agreements
1.1 If the operator enters into an agreement with someone other than the subscriber, the operator must prove that a valid power of attorney existed at the time the agreement was concluded. If the operator cannot prove such authorisation, the agreement is invalid and no financial claims shall be directed against the subscriber or the person with whom the operator discussed the agreement.
2. Persons with special needs
2.1 The operator shall pay particular attention to the needs of vulnerable individuals due to, for example, limited language skills, reduced physical or mental capacity, or age.
3. Information on prices and terms
3.1 The operator shall clearly inform the subscriber of the main content and limitations of the agreement, the name of the service, the minimum total cost, main prices and charges, and provide a reference to the current price list.
3.2 When selling subscriptions with hardware, the operator shall clearly state which part of the minimum total cost relates to hardware. Terms such as “gift”, “free” or “present” must not be used if any cost is incurred or if the subscriber must enter into a subscription agreement to obtain the hardware.
3.3 The operator shall clearly inform about delivery time, any commitment period and notice period, and how these relate to each other. Information shall be provided on how the subscriber can access general and specific terms digitally, or in paper form if digital access is not possible.
3.4 If a new agreement is concluded with the current operator, information shall be given on how previous agreements may be affected. In the case of an extension, the date on which the extension takes effect and the date on which the new commitment period expires shall be stated. The total commitment period for a subscriber must never exceed 24 months.
3.5 The operator shall clearly inform about any statutory or contractual right to withdraw from the agreement or part of the agreement early. If terms such as “open purchase”, “trial period” or “move with” are used, the conditions must be clearly explained.
4. Distance contracts
Distance contracts refer to agreements concluded remotely, for example by telephone or online.
Right of withdrawal
4.1 If the agreement is concluded with a consumer, the operator shall provide clear information about the right of withdrawal and its meaning under the Act on Distance Contracts and Contracts Outside Business Premises. Information shall be given that the consumer can use the Swedish Consumer Agency’s withdrawal form and how to access it. The operator shall provide information on the right of withdrawal in a “readable and durable form”. The same applies to information on main prices and terms under point 3.
4.2 If the agreement is concluded with a sole trader, the right of withdrawal shall apply to the authorised signatory in the same way as for consumers and with the same information requirements. However, reference to the Swedish Consumer Agency’s withdrawal form does not need to be made for sole traders.
Confirmation
4.3 The subscriber shall receive written confirmation of the agreement within five working days from the date of conclusion unless the agreement itself is in writing.
Telephone sales
4.4 The operator bears the burden of proof that a valid agreement has been concluded. If an operator contacts a consumer by telephone on its own initiative to conclude an agreement, the operator must confirm its offer in writing or in another readable and durable form accessible to the consumer. The consumer must then accept the offer in writing after the call for the agreement to be valid.
4.5 If the agreement is not subject to the statutory requirement for written form, the following applies to telephone sales:
- The operator may prove a verbal agreement by recording. If the agreement is recorded, the recording shall be sent to the subscriber upon request, unless this conflicts with GDPR. The recording shall include information on the right of withdrawal and main prices and terms under point 3.
- If the entire call is not recorded, the recording shall end with a question asking whether there is anything in particular the subscriber considers should be included based on what was discussed before the recording began.
- The operator shall also comply with the Nix-telephone rules.
5. Agreements outside business premises
5.1 Agreements outside business premises refer to agreements concluded when the operator and the subscriber are simultaneously present at a location other than the operator’s usual place of business, for example during a home visit or temporary sales in a shopping centre or other public place. This also includes agreements concluded in business premises or via remote communication where the subscriber, before the agreement is concluded, has contacted or been contacted by the operator outside the business premises.
5.2 If the agreement is concluded with a consumer, the operator shall provide clear information about the right of withdrawal and its meaning under the Act on Distance Contracts and Contracts Outside Business Premises. Information shall be given that the consumer can use the Swedish Consumer Agency’s withdrawal form and how to access it. The operator shall also provide information on the right of withdrawal in a “readable and durable form”. The same applies to information on main prices and terms under point 3.
5.3 If the agreement is concluded with an authorised signatory for a sole proprietorship, the right of withdrawal shall apply in the same way as for consumers. However, reference to the Swedish Consumer Agency’s withdrawal form does not need to be made for sole traders.
6. Sales in business premises
6.1 Sales in business premises refer to agreements concluded in premises that the operator normally uses.
6.2 The operator shall provide information on main prices and terms under point 3 in a readable and durable form.
6.3 The term “right of withdrawal” must not be used unless the subscriber’s right to cancel corresponds to the statutory right of withdrawal described in the Act on Distance Contracts and Contracts Outside Business Premises.
7. Misleading information during sales
7.1 The operator must not claim to represent or act in cooperation with another operator if this is not the case. Nor may the operator provide incorrect information about or discredit another operator or their services. The operator must not give the impression of having insight into the subscriber’s existing agreement with another operator. It is not permitted to provide incorrect or misleading information about the copper network transition to make the subscriber believe that a technology change is required for continued functioning telephony.
8. Procedures and information on costs when changing operator and termination
8.1 Termination shall be deemed to include any price plans and additional services linked to the subscription.
Subscribers with a commitment period
8.2 Changing operator for a subscriber who has a commitment period with the current operator should generally not occur during the remaining contract period.
8.3 If the subscriber expressly consents to changing operator despite the remaining commitment period, the operator must always first inform that this normally entails costs to the current operator for the remaining contract period. If the subscriber incurs costs due to the change and the new operator cannot show that it clearly informed that such costs may arise, the subscriber has the right to withdraw from the agreement without cost. This also applies when the new operator has undertaken to cover part of the cost but failed to inform that the cost may exceed the amount the operator has undertaken to cover or charges the cost for the broken commitment period directly or indirectly through, for example, instalments or new subscriptions. If the subscriber chooses to withdraw from the agreement, the subscriber is not entitled to a refund for billed usage. The subscriber shall, upon withdrawal for the above reason, be given the opportunity to retain their number if it concerns telephony services.
Termination fee
8.4 When changing operator or terminating a subscription, the previous operator may not charge any fee other than the cost for any remaining commitment period or notice period. This means that no so-called “termination fee” or similar may be charged beyond the actual cost for the remaining contract period.
Termination when changing operator in connection with number transfer
8.5 Changing operator shall be considered termination with the previous operator from the date the service is transferred and can no longer be used with that operator. If the subscriber has given notice of termination earlier, this earlier termination date shall apply.
8.6 When changing operator, the new operator is responsible for informing the subscriber to terminate the agreement with the previous operator to avoid double costs.
Estate of a deceased subscriber
8.7 If the subscriber dies, any notice period for the subscription shall be calculated no later than from the date of death. Any costs for the remaining commitment period shall then be removed. However, the operator is entitled to compensation for hardware in accordance with the agreement. The operator shall, as far as possible, assist so that surviving household members can retain the telephone number used for shared purposes without extra costs.
9. Information when transferring a number
9.1 When transferring a number, information shall be provided on when the number will be transferred. If it turns out that the number cannot be transferred for any reason, the receiving operator shall inform the subscriber of this and, if possible, also the reason why the transfer could not be completed.
9.2 The receiving operator must not request number transfer to a date before the subscriber’s withdrawal period has expired unless the subscriber has expressly requested it.
10. Special rules for agreements involving delivery of a service using different technology or network
10.1 For agreements involving the subscriber switching to delivery using different technology or a different network than before, for example switching from the copper network, special important information must be provided due to the technology change – for example whether the customer’s alarm services, coverage, broadband usage, TV reception or home telephony may be affected.
10.2 This may include changes such as the number displayed on outgoing calls, new solutions for alarm services, data limitations, coverage changes when switching mobile networks, price changes for previous services when switching to a new technical solution, and changes in channel availability.
10.3 When entering into an agreement, the operator is responsible for exercising due care and consulting with the subscriber on the need to retain existing agreements for equivalent services and, where applicable, informing the subscriber to terminate such agreements with the operator or another operator. Equivalent services refer to, for example, fixed and mobile broadband or fixed broadband via several different access methods to the same address.
11. Complaints handling and dispute resolution
11.1 The operator that issues the invoice to the subscriber for a service and/or product is responsible for investigating the subscriber’s complaint and ensuring compliance with the Code of Conduct. For example, if a complaint concerns a service delivered via a fibre network, the operator is also responsible for reporting the fault to the network owner/communications operator if necessary and ensuring that the subscriber receives feedback regarding the complaint.
11.2 Suspension of a subscription due to non-payment must not occur if the subscriber has lodged a complaint on reasonable grounds.
11.3 Before the operator refers complaints to Telekområdgivarna, these should generally first have been escalated internally from the operator’s customer service.
11.4 The operator shall comply with recommendations from the National Board for Consumer Disputes (ARN).
12. If the Code of Conduct is not followed
12.1 If an operator has acted in breach of the Code of Conduct, the operator shall actively contribute to resolving any problems caused to the subscriber as quickly as possible and at no cost to the subscriber.
12.2 These rules shall be followed by operators that are members of Telekområdgivarna and in accordance with the “Industry Agreement to Promote Ethical Sales Practices” as of 13 August 2024 under the agreement.
Previous versions of the Code of Conduct:
For agreements signed between 1 February 2023 and 12 August 2024
For agreements signed between 17 October 2022 and 31 January 2023
For agreements signed between 14 March 2022 and 16 October 2022
For agreements signed between 1 September 2018 and 13 March 2022
For agreements signed between 1 July 2017 and 31 August 2018
For agreements signed between 1 February 2015 and 30 June 2017
For agreements signed between 1 October 2013 and 31 January 2015