Consumer Subscriber Agreement_Eng
Contents
1. Package Migration or Price Plan Migration means the process when You move from Your current Package Option Price Plan to a different Package Option Price Plan as set out in clause 7 Package Option means the Price Plan together with a Mobile Device which may be offered by MTN SP to the Subscriber from time to time which upon the successful conclusion of this Contract may include Value Added Services Package Option Terms and Conditions means the terms and conditions applicable to the Package Option purchased by You Parties means MTN SP and You and Party means either one as the context requires Porting or to Port means to move Your Mobile Number from one mobile network to another or to move from one mobile service provider donor service provider to another recipient service provider with or without changing Your Mobile Number Porting Hours means the times during which Your Port request can be processed being between 09h00 and 17h00 from Monday to Friday and between 09h00 and 13h00 on Saturdays excluding Sundays and public holidays in the Republic of South Africa Price List means the list on which the Charges as approved by the Operator and or the Regulatory Authority which are set out on the MTN Website www mtn co za and which may also be available in store Price Plan means any one of the various tariffs under which the Network Services are made acc2. and or services to You This permission does not prevent You from opting out of receiving marketing communications from MTN SP or opting in again at any time in the future and is subject at all times to Your rights and obligations in terms of the Consumer Protection Act or any other applicable law to register a pre emptive block or to demand that MTN SP no longer sends You any direct marketing communications 19 INSURANCE 19 1 Your Mobile Device will not be insured unless You have entered into a separate insurance agreement with an insurance provider of Your choice to insure the Mobile Device 19 2 If You choose to insure your Mobile Device with MTN SP You must complete sign and hand in a separate MTN SP Insurance Application Form to MTN SP Please note that the terms and conditions of such insurance are separate and independent of this Contract 19 3 If You have any questions about insurance of the Mobile Device through MTN SP You may contact MTN SP provide You with the necessary assistance and guidance 20 GENERAL 20 1 VAT Unless stated otherwise all prices and Charges in this Contract and any Price List are exclusive of Value Added Tax VAT and any other applicable tax or duty You will have to pay any VAT tax or duty that is not included 20 2 WHOLE AGREEMENT This Contract is the whole agreement between You and MTN SP in relation to its subject matter except that this Contract does not exclude any representati
3. Device in full By law if a SIM Card is lost or stolen You are required to immediately notify the South African Police Services in writing If the SIM Card is lost or stolen You must also immediately notify MTN SP and request suspension of the SIM Card Until Your request for suspension of the SIM card is received by MTN SP You will remain liable for all costs and Charges relating to that SIM Card including all Usage Charges arising from the use of the SIM Card You may apply to MTN SP for a replacement SIM Card SIM swop MTN SP may require You to pay a reasonable charge for the SIM Swop process and also for the new SIM Card This Contract will not be cancelled because of any loss theft or damage to a SIM Card or a SIM Swop or the allocation of a new Mobile Number You hereby warrant and undertake that You 3 10 1 3 10 2 3 10 3 3 10 4 3 10 5 3 11 will not use nor allow the Network Services to be used for any improper immoral fraudulent or unlawful purpose nor in any way that may cause injury or damage to persons or property or an impairment or interruption to the Network Services will not commercially exploit the Network Services nor allow the Network Services to be used for commercial purposes including without limitation the selling or reselling of the Network Services bulk calling bulk SMSing grey routing least cost routing LCR or Fixed Cellular Terminals for commercial or business purposes
4. MTN SP is not responsible for such collection processing and or use of your Personal data You may if You so wish contact our call centre or our PAIA officer for information on how your Personal Data is used by MTN SP 17 TRANSFER OF ANY RIGHTS AND OBLIGATIONS TO ANOTHER PERSON 17 1 You may not give up or transfer any of Your rights or obligations in this Contract to any other person without MTN SP s prior written consent 16 17 2 To the extent allowed by law MTN SP will be entitled to transfer all or some of its rights or obligations or both under this Contract to any one or more persons including without limitation any entity that is seen in law as a separate legal person such as a body corporate a partnership an association and a trust Customer information will of course be one of the transferred assets 17 3 Through Your acceptance of this Contract 17 3 1 You provide MTN SP with consent to share your personal information and 17 3 2 it shall be deemed to be an express consent on Your part to any transfer of rights and or obligations by MTN SP to the extent necessary for the purposes of clause 17 2 above 18 PERMISSION TO MARKET To the extent allowed by law by ticking the box on the MTN SP Subscriber Application Form You give MTN SP express permission to contact You by telephone fax SMS MMS or email at the contact number s and or addresses You provided to MTN SP for the purposes of marketing its products
5. and the VAS Terms and Conditions are accessible and may be viewed at the following websites www mtn co za and www mtnsp co za or they can be provided to You by MTN SP if You request a copy All risk for loss damage or theft of SIM Cards and Mobile Devices supplied by MTN SP to You will pass to You on delivery of the SIM Card and or the Mobile Device as the case may be to You or to any person that You have chosen to accept receipt of such SIM Card and or Mobile Device on Your behalf This clause does not limit or exclude any obligation which MTN SP has in law relating to damage to the SIM Cards and or Mobile Devices to the extent that the law does not allow such obligations to be limited or excluded This clause also does not limit or exempt MTN SP from liability for any loss directly or indirectly attributable to the gross negligence of MTN SP or any person acting for or controlled by MTN SP to the extent that the law does not allow this and also does not require you to assume risk or liability for this kind of loss to the extent that the law does not allow this Subject to clause 3 10 3 MTN SP will be the owner of the Mobile Device until the end of the Initial Contract Period or until You have paid the Purchase Price of the Mobile Device in full whichever happens first except that where this Contract is cancelled in terms of clause 10 1 1 then MTN SP will remain the owner of the Mobile Device until you have paid the Purchase Price of the Mobile
6. as may be reasonably required by MTN SP from time to time MTN SP may refuse acting reasonably to unbar the SIM Card and may require You to first provide a security deposit in the amount decided by MTN SP in its reasonable discretion before the SIM Card is unbarred even though MTN SP may not have required such deposit from you where you have used the roaming services before 4 RETURNS REPLACEMENTS AND REFUNDS If there is any defect or problem with Your SIM Card or Mobile Device MTN SP returns replacement and or refunds are governed in terms of the CPD which You received with Your Contract 5 CHARGES 5 1 5 2 5 2 1 5 2 2 You will pay all the applicable Charges due by You to MTN SP at the rates detailed in the Price List and or Your Package Option Price Plan Terms and Conditions These Charges will be set out in detail in Your monthly bill taking into account the following charges including but not limited to the Charges applicable to Your Package Option Price Plan Monthly Service Charge Usage Charge and or Value Added Service Charges Unless MTN SP agrees otherwise in writing in addition to any other amounts which are payable by You in terms of this Contract You are required to pay MTN SP the Monthly Service Charges monthly in advance The Monthly Services Charges and Value Added Tax will be required to be paid by You even if You have not used the Network Services in the applicable Month an upgrade fee as dete
7. of the Initial Contract or Contract Renewal Period as the case may be this Contract will continue automatically on a month to month basis but it can be cancelled If this Contract continues for the Initial Contract Period and is not cancelled by You at the end of the Initial Contract Period it will continue for the Contract Renewal Period Where this Contract is continuing on a month to month basis MTN SP will apply any material changes which MTN SP has notified You of in terms of clause 15 1 below You may enter into a new Contract for a further contract period This Contract will no longer continue on a month to month basis after it is cancelled in the manner allowed by this Contract 3 YOUR ORDER SUPPLY OF SIM CARDS MOBILE DEVICES AND NETWORK SERVICES 3 1 3 2 The Order that You place on MTN SP depends on the normal credit vetting practices of MTN SP and may be approved or rejected by MTN SP depending on the outcome of the credit vetting If MTN SP does not accept the Order MTN SP will notify You and give reasons for its decision upon request MTN SP will make every commercially reasonable effort to promptly comply with any supply and or delivery requirements recorded in the Order but will not be liable to You or any other person insofar as the law allows if the supply and or delivery is delayed or cancelled 3 3 3 4 3 5 3 6 3 7 3 8 3 9 3 10 Credit vetting and reporting permission You acknow
8. the balance of the Purchase Price of the Mobile Device which has not been paid as at the Cancellation Date The full breakdown of Your Cancellation Charges will be provided to You in writing at the time of Cancellation The Cancellation Charges will not be payable where this Contract is cancelled by You in terms of clauses 11 1 1 11 2 1 11 2 2 or 11 2 3 but the amounts referred to in clauses 11 1 5 as the case may be will still be required to be paid by You where this Contract is cancelled for the reasons Set out in clauses 11 1 5 as the case may be and where this Contract is cancelled by You or MTN in terms of clauses 11 1 2 11 1 3 11 1 5 11 1 6 11 1 7 11 2 4 15 3 15 6 or 20 4 2 the balance of the Purchase Price of the Mobile Device which has not been paid as at the Cancellation Date and a reasonable cancellation penalty and You will also be required to pay MTN SP the balance of the Purchase Price of Your Mobile Device if You migrate in terms of clause 7 to a Package Option with a lower Mobile Device subsidy than the Package Option You are migrating from or if You migrate to a Price Plan with no Mobile Device This enables MTN SP to adjust the Mobile Device subsidy amount to the lower amount or to settle the amount that You would have benefited from at the time of sale of the Mobile Device if You had first chosen the Package Option to which You are migrating The Mobile Device subsidy for each Package Option will depend on the rules
9. Any use of the Network Services outside of what is considered reasonable for private non commercial use and in instances through mechanisms and or automated systems and means not intended for personal use will be considered as abuse will only use Mobile Devices approved by the Regulatory Authority together with the SIM Card on the Network and will comply with all relevant legislation and regulations as well as all lawful directives given by MTN SP acting reasonably relating to the use of Mobile Devices Network Services and or SIM Cards recognise and agree that no right title or interest in the software contained in each SIM Card or the software contained in a Mobile Device or the software contained in a Mobile Number related to each SIM Card issued to You vests in You or will vest in You however MTN SP does recognise that You will retain the use of Your Mobile Number if You decide to Port and will not and will not allow any other person to reverse engineer decompile modify or tamper with the software contained in or relating to any SIM Card or Mobile Device Even if a SIM Card has been Activated by MTN SP the SIM Card will be barred from making calls to and from any place outside the Republic of South Africa international calls and international roaming and will only be unbarred for a specified period on written request by You received by MTN SP at least 5 five Business Days before the requested date of unbarring and in the form
10. SUBSCRIBER AGREEMENT MTN SERVICE PROVIDER PROPRIETARY LIMITED MTN SP SUBSCRIBER CONTRACT TERMS AND CONDITIONS These MTN SP SUBSCRIBER CONTRACT TERMS AND CONDITIONS are part of Your contract with MTN SP The contract between You and MTN SP consists of i these MTN SP SUBSCRIBER CONTRACT TERMS AND CONDITIONS ii the MTN SP Subscriber Application Form completed and signed by You iii Your Package Option Terms and Conditions or Price Plan Terms and Conditions together with promotional package terms and conditions if applicable referred to as your Package Option Price Plan Terms and Conditions iv the VAS Application Forms completed and signed by You from time to time for any Value Added Services which MTN SP may agree to provide to You if applicable and v VAS Terms and Conditions applicable to the Value Added Services used by You if applicable vi Customer Pick Up Document CPD the Contract In the event of a conflict or inconsistency between the terms of the MTN SP SUBSCRIBER CONTRACT TERMS AND CONDITIONS Your Package Option Price Plan Terms and Conditions and the VAS Terms and Conditions then the MTN SP Subscriber Contract Terms and Conditions shall take precedence Please keep the Contract and the following documents in a safe place and provide them to MTN SP whenever You have a query or wish to exercise a consumer right Proof of Delivery POD and MTN SP Invoice Please read t
11. ach Package Option Price Plan are set out in the Package Option Price Plan Terms and Conditions applicable to that Package Option Price Plan 10 BREACH 10 1 Without limiting any of MTN SP s other remedies and rights against You this Contract may be cancelled by MTN SP immediately on written notice to You if You are in breach of this Contract which may include but is not limited to where You fail to pay any amount to MTN SP on due date and You have failed to remedy that breach within 20 twenty Business Days after MTN SP has given You notice of such breach 10 2 If MTN SP requires You to pay by debit order You will commit a breach of this Contract if You 10 2 1 cancel the debit order without getting the prior written consent of MTN SP MTN SP will not unreasonably withhold its consent or 11 10 2 2 change Your banking details for the debit order without giving MTN SP prior written notice of the change and giving MTN SP Your new banking details 10 3 In addition to all remedies You may have in law including in terms of the Consumer Protection Act You will be entitled to refer any dispute between You and MTN SP relating to the availability of the Network Services to any telecommunications representative who may be appointed by the Regulatory Authority 11 CANCELLATION OF THE CONTRACT 11 1 This Contract may be cancelled by You 11 1 1 at any time by giving MTN SP at least 20 twenty Business Days notice in writing not
12. ancelled for whatever reason 12 AMOUNTS YOU MUST PAY IF THIS CONTRACT IS CANCELLED 12 1 12 1 1 12 1 2 12 1 3 12 1 4 12 1 5 12 1 6 12 2 If this Contract is cancelled You will be required to pay the Monthly Services Charges applicable up to the Cancellation Date except that if the Cancellation Date is not at the end of a particular Month then the Monthly Services Charges for that last Month will be reduced in proportion to the number of days in that Month up to and including the Cancellation Date You should note that because Monthly Services Charges are billed monthly in advance and MTN SP may prepare or send You the bill for the last Month of this Contract before the Contract is cancelled You will still be required to pay in full the bill for the Monthly Services Charges applicable to the last Month of the Contract but MTN SP will then make an adjustment in the following months and refund You any overpayment made by You for the last month of this Contract within a reasonable time and all the Usage Charges up to and including the Cancellation Date The Usage Charges will be payable no matter what the reason for cancellation of this Contract and all other amounts referred to in clause 5 which MTN SP is entitled to charge You up to the Cancellation Date or for any failure to make payment by You before or after the Cancellation Date and the Cancellation Charges which will include but may not be limited to
13. ation form You understand and accept that International Roaming costs are charged by third party network operators in the country being visited by You These third party network operators will send Your bill to MTN SP within 90 ninety days MTN SP strongly advises that You consult Your Mobile Device user manual to disable voice SMS data and or email settings as applicable by You when roaming outside the Republic of South Africa MTN SP further advises that You make sure that You consult the terms and conditions of Your Mobile Device applications downloaded by You or existing on Your Mobile Device when You are roaming outside the Republic of South Africa Failure to do so will result in You incurring additional costs on Your International Roaming bill 10 9 INCLUSIVE MINUTES MESSAGES DATA AND VALUE AMOUNTS 9 1 Where Your Package Option Price Plan includes any inclusive minutes messages and or Data then there will be no Usage Charges for these inclusive minutes messages and or Data but You will pay for any minutes messages and or data which exceed the amount of minutes messages and or data included in Your Package Option Price Plan 9 2 There are various rules and requirements relating to the inclusive minutes messages and or Data including amongst others rules and requirements about 9 2 1 what happens if You do not use all Your inclusive minutes messages and or Data in a particular Month and if You can carry those inclusiv
14. by SMS or in any other recorded manner and form You should note that You will be required to pay all Charges which are payable at the Cancellation Date and also a reasonable Cancellation Charge 11 1 2 at the end of the Initial Contract Period by giving to MTN SP a written notice not by SMS of cancellation before the end of the Initial Contract Period 11 1 3 at the end of a particular Contract Renewal Period where this Contract is continuing on a month to month basis by giving MTN SP a written notice not by SMS of cancellation before the end of the relevant month 11 1 4 if MTN SP is in breach of an obligation in this Contract and fails to remedy this breach within 20 twenty Business Days after receiving a notice from You in writing not by SMS identifying the breach and stating that if the breach is not remedied You may cancel the Contract If You do wish to cancel this Contract for this reason after the expiry of the 20 twenty Business Days period You must send MTN SP a notice in writing not by SMS of the cancellation of this Contract 11 1 5 if You decide to Port and have given MTN SP at least 20 twenty Business Days prior written notice not by SMS 11 1 6 by notice in writing not by SMS to MTN SP within 20 twenty days after MTN SP has given You notice of changes or amendments to i this Contract ii the repair replacement and refund terms in the CPD iii the Charges or the Price List or iv the limit of the U
15. ded Services Charges means charges which are payable by You for the use of the Value Added Services These charges are set out in the Price List and may be amended by MTN SP from time to time in the manner set out in this Contract VAS Application Form means an application form for the use of a Value Added Service which may be completed and signed by You VAS Terms and Conditions means the terms and conditions applicable to the Value Added Services in addition to this Subscriber Agreement Terms and Conditions and Writing or written may include SMS Short Message Service sent to a Mobile Device only when it is sent from MTN SP to You It also includes an e mail sent by MTN SP to You or a voice call recorded by an official MTN SP call centre 2 CONTRACT COMMENCEMENT 2 1 2 1 1 2 2 This Contract will start on the date of Activation of a SIM Card issued to You by MTN SP the Commencement Date and will subject to the further provisions of this Contract continue for the Initial Contract Period MTN SP shall provide You with notice as required under the Consumer Protection Act of the end date of the Initial Contract Period any material changes that would apply if the Contract is to be renewed or if it otherwise continues beyond the end of the Initial Contract Period for example any increase in the fees applicable to Your Contract and Your options to either terminate the Contract at the end
16. e Added Service becomes effective as specified in MTN SP s notice to You then that change withdrawal or substitution will still be valid and effective until the Cancellation Date 16 PRIVACY AND DATA PROTECTION CLAUSE 16 1 For the purposes of this clause Personal Data means 15 16 1 1 16 1 2 16 1 3 16 1 4 16 1 5 16 1 6 16 1 7 16 1 8 16 2 16 3 information which identifies You as an individual which includes Information relating to the race gender sex pregnancy marital status national ethnic or social origin colour sexual orientation age physical or mental health well being disability religion conscience belief culture language and birth of that person Information relating to Your education or the medial financial criminal or employment history Any identifying number symbol e mail address physical address telephone number location information online identifier or other particular assignment pertaining to You Your biometric information Your personal opinions views of preferences correspondence sent by You that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence the views of opinions of another individual about You and Your name if it appears with the name itself reveals information about You MTN SP respects the right to privacy We take the protection
17. e minutes messages and or Data to another Month 9 2 2 when inclusive minutes messages and or Data expire or can no longer be used or sent 9 2 3 how many inclusive minutes messages and or Data You will get where the Commencement Daie is not at the beginning of a Month 9 2 4 what kinds of calls You can make using Your inclusive minutes and whether they can be used for national or international calls or from the Network to other networks or for Value Added Services or when roaming 9 2 5 what kinds of messages You can send using Your inclusive messages and whether they can be sent nationally or internationally or when roaming 9 2 6 whether You can use the data nationally or internationally or when roaming 9 2 7 whether inclusive minutes messages and or Data can only be used or sent during particular times or on particular days 9 2 8 how inclusive minutes will be calculated for different types of calls and 9 2 9 the purchasing of additional add on bundles for minutes messages and or Data through various self service portals which purchases affect Your Subscriber Usage Limit applicable to My MTNChoice Package Options Price Plans only and or Your MTN SP limit referred to in clause 5 7 above 9 3 The various rules and requirements relating to inclusive minutes messages and or Data may vary between different Package Options Price Plans The various rules and requirements relating to inclusive minutes messages and or Data for e
18. er electronic means or any other intermediary Your bankers or other intermediaries will act as Your agents You will be responsible for the payment until it has been received by MTN SP at MTN SP s Premises or by the bankers of MTN SP into MTN SP s bank account MTN SP prefers that You pay the Charges due by You by debit order and may require You to do so as a term of the Contract If a debit order date fall on a weekend or a public holiday the debit order will be collected on the last Business Day before that date MTN SP will send a monthly statement bill to You at the address You have given in the MTN SP Subscriber Application Form or in writing to MTN SP It will be Your duty to check the bill to make sure that it is correct To the extent allowed by law unless You raise a query about Your bill within 30 thirty days from the date of the bill it will be deemed to be correct until You prove that it is not 5 7 5 8 5 9 MTN SP may set a limit on the amount of the total Charges which You may incur in any Month and may change this limit from time to time The limit on Your Charges is determined by MTN SP in accordance with the credit vetting of Your Order as set out in clause 3 3 above and You may request MTN SP to disclose this limit to You You may request MTN SP to set a limit on Your behalf the Subscriber Usage Limit The Subscriber Usage Limit can be equal to or less than the limit referred to in clause 5 7 above a
19. essible to Subscribers and which may include certain Value Added Services The tariff plans are set out on the Price List and depend on the conditions and or approvals of the Regulatory Authority Price Plan Terms and Conditions means the terms and conditions applicable to the particular Price Plan selected by you on the MTN SP Subscriber Application Form The Price Plan terms and conditions shall be made available to You at the point of sale on request and on the MTN SP website www mtn co za Purchase Price of the Mobile Device means the purchase price of the Mobile Device that You have purchased from MTN SP in terms of this Contract as set out in the Price List and calculated in accordance with the Package Option that You have selected in terms of the Contract Regulatory Authority means the Independent Communications Authority of South Africa ICASA or any successor thereof RICA means Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002 as amended and any regulations thereto SIM Card means a Subscriber Identity Module Card that is supplied to You by MTN SP in order to use the Network Services When the SIM Card is Activated by MTN SP and used together with a GSM compatible Mobile Device it provides You with access to the Network Services SIM Swop means the process whereby You have originally purchased a SIM Card Original SIM Card n
20. harges which You may incur in any Month as MTN SP may set from time to time MTN SP will notify You of the Suspension of Your access to the Network Services in these circumstances and MTN SP will end the Suspension of Your access to the Network Services as soon as reasonably possible after You make a payment to MTN SP to reduce the amount of Usage Charges payable by You so that it is less than the limit that MTN SP may have set or if MTN SP is required to do so by law or by the Regulatory Authority or if MTN SP is of the reasonable belief that You are using or have used or accessed the Network Services in circumstances described in clause 3 10 1 or clause 3 10 2 Where You breach a term of this Contract and MTN SP wishes to Suspend your access to or use of any of the Network Services MTN SP will give You reasonable notice of the details of Your breach and that MTN SP may Suspend Your access to or use of the whole or a part of the Network Services if You do not remedy the breach within 20 twenty Business Days of MTN SP s notice to You This will not apply where the breach is material and MTN SP is acting reasonably and MTN SP will be entitled without giving you advance notice to immediately suspend Your access to or use of the whole or part of the Network Services where the breach is material and MTN SP is acting reasonably Where the breach is not a material breach of this Contract MTN SP will only Suspend Your access to the Network Serv
21. he Operator to provide emergency Network Services to You or directory or repair services and information to Network users generally or when that information has been requested by any official regulatory or legislative body You and MTN SP choose the physical addresses set out in the Subscriber Contract Application Form as the addresses where You or MTN SP will accept notices or court documents domicilium citandi et executandi relating to this Contract 18 20 6 3 You and MTN SP will be entitled to change Your physical address to any other physical address in South Africa which is not a post office box by giving written notice to each other The new physical address will become that Party s domicilium et executandi 30 thirty days after the other Party receives the notice 20 6 4 You or MTN SP may only give notice for court documents to each other by hand 20 6 5 You or MTN SP may give any notice except for court documents to each other 20 6 5 1 by hand by fax or by email during normal business hours of MTN SP at the receiving person s physical addresses set out in your MTN SP Subscriber Application Form as may be amended in terms of clause 19 6 3 Unless the opposite is proved a fax or email will be presumed to have been received 48 forty eight hours after the time that it was sent You must make sure that You get proof of receipt or 20 6 5 2 by prepaid registered post from an address in South Africa to the receivi
22. his document carefully and ensure that You understand these terms and conditions and Your legal rights and obligations that result from You signing the Contract and the CPD or POD Even though all the terms and conditions contained in the Contract are important make sure that You take notice read and understand the terms and conditions that have been drawn to Your attention either which are written in bold capital or italic letters Please pay special attention to the clauses listed below which may limit MTN SP s responsibility liabilities and legal responsibilities which MTN SP may have towards You and other persons Please also pay special attention to the clauses listed below as they are deemed to be acknowledgments of fact by You and may limit and exclude Your rights and remedies and or liabilities against MTN SP and place various risks liabilities obligations and legal responsibilities on You These clauses will also be in bold or highlighted for your attention The important clauses are Clauses 3 2 3 10 4 5 2 5 5 2 8 5 7 5 8 5 9 6 1 1 6 1 4 8 9 10 3 11 12 13 14 15 16 17 2 17 3 2 18 19 1 20 1 20 6 3 20 6 4 and 21 1 DEFINITIONS 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 In this Contract unless the context clearly shows a different intention the words defined below will have the meanings given to them and similar words or expressions will have corresponding mea
23. ial Contract Period or earlier if MTN SP allows You specifically to do this or in terms of clause 12 1 6 or during a Contract Renewal Period if this Contract is still in force You will be entitled to apply to both cancel this Contract and to enter into a new contract with MTN SP under a new Package Option Price Plan available at that time by providing MTN SP with a new MTN SP Subscriber Application Form which has been completed and signed by You A Package Migration Price Plan Migration constitutes a new contract between You and MTN SP This means that when You provide MTN SP with a new MTN SP Subscriber Application Form Your application will be subject to the all terms and conditions that apply to the Contract at the time you request a Package Migration Price Plan Migration MTN SP is also not obliged to agree to accept the application or to enter into a new contract with You If the application is successful and You then enter into a new contract with MTN SP this Contract will then end at the same time that the new contract starts If the application is not successful this Contract will continue in force until it is cancelled as allowed under the terms of this Contract 8 INTERNATIONAL ROAMING AND INTERNATIONAL CALLING 8 1 8 2 8 3 Please note that the activation of International Roaming and or International Calling is expensive These services are available upon request by You MTN shall request that you complete the relevant applic
24. ic of South Africa to any destination outside the Republic of South Arica International Roaming means the use of services including amongst other things voice SMS and internet data whilst travelling outside the Republic of South Africa Mobile Device means a GSM terminal approved of by ICASA the Independent Communications Authority of South Africa which in conjunction with a SIM Card can be connected via a GSM radio link to the Network in order to make or receive voice calls and or transmission of data and or to send or receive messages Mobile Number means the telephone number that is allocated by MTN SP to the SIM Card supplied to You by MTN SP and or a telephone number that is transferred to MTN SP by means of Mobile Number Portability a Month will mean a time period that starts at OhOO on a particular date determined by MTN SP from time to time of a calendar month and will carry on until 23h59 59 on the day before that particular date in the following calendar month Monthly Service Charge means subscription fees charged monthly in advance by MTN SP for Your access to and use of the Network Services and the monthly charges applicable to the Value Added Services used by You depending on the Package Option Price Plan You choose These charges are detailed in the Price List and may be amended by MTN SP from time to time in the manner set out in this Contract MTN SP means MTN Service Provider Prop
25. ices if it is reasonable to do so and 6 2 3 6 3 6 4 6 5 6 6 MTN SP will end the Suspension of Your access to the Network Services as soon as reasonably possible after You remedy any breach MTN SP will still be entitled to cancel this Contract in terms of clause 11 2 1 where You have breached this Contract and MTN SP has Suspended your access to or use of the whole or any part of the Network Services To the extent allowed by law if Your access to the Network Services is Suspended You will still be liable for the Monthly Service Charges during the time of Suspension unless MTN SP agrees in writing not to charge You and MTN SP will not withhold its agreement unreasonably You will still be entitled to make emergency calls if your access to or use of the Network Services is Suspended by MTN SP Unless required by law MTN SP is not obliged to Suspend Your access to or use of the Network Services Any Suspension by MTN SP may be a complete Suspension of Your access to or use of all of the Network Services or may be a partial Suspension of Your access to and use of certain of the Network Services Where MTN SP only partially Suspends Your access to or use of part of the Network Services MTN SP will be entitled to subsequently Suspend Your access to or use of a greater part of the Network Services or to all of the Network Services 7 PACKAGE MIGRATION OR PRICE PLAN MIGRATION 7 1 7 2 At the end of the Init
26. ing to the Network Services SIM Cards Mobile Device Value Added Services self service purchases or any other services provided by MTN SP to You as detailed in the Price List and Your Package Option Price Plan Terms and Conditions Commencement Date means the date on which Your SIM Card is Activated resulting in You being liable for all charges incurred by You Contract means the contract between You and MTN SP which consists of i these MTN SP Subscriber Contract Terms and Conditions ii the MTN SP Subscriber Application Form completed and signed by You iii Your Package Option Price Plan Terms and Conditions iv the VAS Application Forms completed and signed by You from time to time for any VAS which MTN SP may agree to provide to You if applicable and v together with the VAS Terms and Conditions applicable to the VAS used by You Connection Charge means the charge to be paid by You to MTN SP in order to Activate Your SIM Card for use on the Network Contract Renewal Period means the month to month period in which Your Contract will continue after the expiry end of the Initial Contract Period as set out in clause 2 1 below Consumer Protection Act means the Consumer Protection Act No 68 of 2008 as amended replaced or re enacted from time to time Data means data services or information which is transmitted in pre determined packet sizes using the internet protocol Any network Price Plan s
27. ith an alternative provision or part of a provision which provision or part of a provision can be incorporated into the Contract with Your Consent to achieve the same objectives as the severed provision or part 20 5 RICA 20 5 1 You are required in terms of the RICA to register such SIM card with MTN SP in a face to face process 20 5 2 You are required to provide the following documentation to MTN SP 20 5 2 1 your original identity document passport or refugee document 20 5 2 2 a certified copy of an original identity document passport or refugee document and 20 5 2 3 a certified copy of proof of residential address Proof of residence may be recorded in any of the following documentation 20 5 2 3 1 Bank statement which must not be older than 3 three months 20 5 2 3 2 Rates and or Electricity account 20 5 2 3 3 Phone account 20 5 2 3 4 TV license 20 5 2 3 5 Insurance policy 20 5 2 3 6 Lease agreement 20 5 2 3 7 New vehicle license document 20 5 3 You acknowledge and accept that any failure by you to provide same will result in MTN SP not activating the SIM card 20 6 ADDRESS AND NOTICES 20 6 1 20 6 2 Subject to clause 15 and to the extent allowed by law You give MTN SP permission to make known Your name address and personal details to any person whenever it is reasonably necessary for MTN SP to properly perform its functions or protect either Party s interests or to enable t
28. ledge and accept that MTN SP shall utilise a third party a credit bureau and or an authorised agent to register Your details in order to assess Your credit worthiness for the purposes of granting Your Order MTN SP shall also utilise such party to monitor or record the manner in which You have conducted Your payments to MTN SP To the extent allowed by law You give up waive any claims You may have against MTN SP relating to such disclosures Even if MTN SP has used agents or other go betweens the Order by You is an offer made by You to MTN SP and will be considered after it has been received by MTN SP at MTN SP s Premises If MTN SP accepts Your offer which it does not have to accept then MTN SP s acceptance will be the Activation of the SIM Card For the purposes of acceptance by MTN SP and conclusion of this Contract Activation will always be deemed to take place at MTN SP s Premises Upon Activation this Contract will become binding between MTN SP and You Your use of the Network Services the provision of the Network Services by MTN SP to You and the sale of the Mobile Device and SIM Card by MTN SP to You shall be subject to this Contract which includes but is not limited to i these MTN SP SUBSCRIBER CONTRACT TERMS AND CONDITIONS ii Your Package Option Price Plan Terms and Conditions and iii the VAS Terms and Conditions applicable to the Value Added Services used by You Your Package Option Price Plan Terms and Conditions
29. mes effective as specified in MTN SP s notice to You then that change and amendment will still be valid and effective until the Cancellation Date All Value Added Services are made available and provided at the discretion of MTN SP and MTN SP may change withdraw or substitute them at any time by giving You at least 20 twenty Business Days prior written notice MTN SP is entitled to give You a shorter period of notice or no prior notice where this is reasonable in the circumstances or where it is necessary in order to comply with law or with the requirements of the Regulatory Authority If MTN SP withdraws any Value Added Service which has a Monthly Service Charge then no further Monthly Service Charge will be charged to You for that Value Added Service after the withdrawal Where You subscribe to a Package Option Price Plan that includes free Value Added Services then there will be no reduction in Your Monthly Service Charges because that Value Added Service is free If MTN SP changes withdraws or substitutes any Value Added Service that is provided to You then You will be entitled to cancel this Contract within 20 twenty days after receiving the notice from MTN SP of the change withdrawal or substitution of the Value Added Services by giving written notice not by SMS to MTN SP If the cancellation notice referred to in clause 15 6 is received by MTN SP from You after the date that the relevant change withdrawal or substitution of a Valu
30. ng person s postal address for the time being Unless the opposite is proved and to the extent allowed by law the notice or payment will be presumed to have been received by the addressee on the 7e seventh day after the date of posting You must make sure that You keep proof that You sent the notice 21 AGREEMENT BY YOU 21 1 I confirm that have read and I understand the terms and conditions of the Contract and agree to be bound by them 21 2 I confirm that am over the age of 18 eighteen years and that I am legally able to agree to the terms and conditions contained in the Contract and to make the promises and undertakings therein Subscriber Name Signature Date Sales Consultant Name Signature Date 19
31. ng to Your breach of this Contract You will also be required to pay collection costs reasonably incurred by MTN SP while trying to collect any amounts from You which are owed to MTN SP by You A certificate by any manager of MTN SP certifying the amount of Charges and other amounts owing by You to MTN SP will be deemed to be sufficient proof of the amount owed by You and will also be sufficient proof for MTN SP to obtain judgment or a court order against You All amounts required to be paid in terms of this clause 5 2 8 shall be required to be paid within 14 fourteen Business Days of demand in writing MTN SP will be required to pay legal costs as awarded by a court of law if You take any legal steps against MTN SP relating to MTN SP s breach of this Contract MTN SP will also be required to pay collection costs reasonably incurred by You while trying to collect any amounts from MTN SP which are owed to You by MTN SP Unless MTN SP agrees otherwise in writing all Charges and amounts payable by You must be paid within 21 twenty one days of the date on the bill which MTN may send to You and at MTN SP s Premises or into the bank account of MTN SP held at The Standard Bank of South Africa Limited or at another bank provided that You must pay by way of debit order if MTN SP requires you to do so The details of MTN SP s bank account shall be detailed in each monthly bill which MTN SP may send you If payment is made by You via a debit order oth
32. nings Activation means the enabling of a SIM Card by MTN SP to access and operate on the Network in terms of this Contract and subject to RICA as defined in clause 1 39 In the context of a Port as defined in clause 1 34 below Activation means the activation of the SIM Card by the recipient service provider after porting Your number between mobile service providers or mobile networks The words Activate Activating and Activated will have a corresponding meaning Business Day means all days of the week excluding Saturday Sunday and official public holidays in the Republic of South Africa When this Contract refers to a number of Business Days to perform a particular action this will be calculated by excluding the first business day and including the last business day Cancellation Date means the date on which the Contract ends either as a result of an early cancellation by You or by MTN SP in terms of this MTN SP Subscriber Contract Terms and Conditions or the end of Your Initial Contract Period Cancellation Charges means a reasonable charge due by You to MTN SP for the early cancellation of the Contract which will be calculated by MTN SP taking into account the applicable requirements and factors which are legally compliant Charges means the SIM Card charge Connection Charge Monthly Service Charges Value Added Services Charges Usage Charges and any other charges due by You to MTN SP relat
33. o You for all claims actions demands and proceedings of whatever nature and however arising including without limitation for breach of contract in delict for all acts and omissions and for negligence shall in total be limited to the total value of the Charges actually paid by you to MTN SP in terms of this Contract To the extent allowed by law in no event will MTN SP be liable to You for any loss of profits loss of goodwill loss of business opportunities business interruptions loss or destruction of data damage to data or for any indirect consequential special or exemplary losses or damages of whatever nature and however arising 15 CHANGES TO THE SERVICES CHARGES AND THIS CONTRACT 15 1 15 1 1 MTN SP may at any time and from time to time make changes or amendments to this Contract including i these MTN SP Subscriber Contract Terms and Conditions ii Your Package Option Price Plan Terms and Conditions and iii the VAS Terms and Conditions applicable to the Value Added Services used by You 14 15 1 2 15 1 3 15 2 15 3 15 3 1 15 3 2 15 3 3 15 4 15 5 15 6 15 7 the Charges or the Price List and the limit of the Usage Charges set by MTN SP in terms of clause 5 7 MTN SP will endeavour to give You at least 20 twenty Business Days prior written notice of any changes or amendments referred to in clause 15 1 but is entitled to give You a shorter period of notice or no pri
34. of that particular Package Option Irrespective of any other clause in this Contract it shall be in MTN SP s sole discretion to claim damages from You for any damages or loss that it may suffer as result of Your Breach of any term of this Contract any negligence on Your Part or any actions on Your Part or any omissions to act on You part in addition to any Cancellation Charges 13 CONSUMER PROTECTION ACT 13 1 To the extent that this Contract or any goods or Network Services provided under the Contract is regulated by or subject to the Consumer Protection Act no provision of the Contract is intended to contravene the applicable provisions of the Consumer Protection Act and therefore all provisions of the Contract must be treated as being qualified to the extent necessary to ensure that the applicable provisions of the Consumer Protection Act are complied with 13 13 2 No provision of this Contract 13 2 1 13 2 2 13 2 3 does or purports to limit or exempt MTN SP from any liability including without limitation for any loss directly or indirectly attributable to MTN SP s gross negligence or willful default or that of any person acting for or controlled by MTN SP to the extent that the law does allow such limitation or exemption requires You to assume risk or liability for the kind of liability or loss referred to in clause 13 2 1 above to the extent that the law does allow such limitation or exemption or limi
35. of your Personal Data to determine the extent of the disclosure of personal information very seriously when collecting processing and using your personal data By entering into this Contract You consent to our data collection use and sharing practices described in our Privacy Policy which can be viewed at www mtn co za 16 4 In respect of Your Personal Information we will 16 4 1 retain and protect Personal Information provided by You in accordance with MTN SP s Privacy Policy provided that MTN SP may be legally required to disclose that Personal Information in some circumstances 16 4 2 use Personal Information collected about You for the purposes of 16 4 2 1 access to and use of the Network Services by You 16 4 2 2 providing customer support and other similar activities related to the Network Services and 16 4 2 3 keeping You informed through any medium of communication of products services offers and upcoming events and to improve our Network Services to the extent that such is permitted by law and provided that we have your consent to do where such consent is necessary 16 5 We will however not use nor share Your Personal Information for on selling unless you consent to 16 6 16 7 same You acknowledge and accept that the use by You of certain VAS services which VAS Services may be provided by independent third parties who may collect process and use your personal data pertaining to such services
36. ons or warranties made in connection with this Contract by MTN SP or any person on behalf of MTN SP where the law does not allow these representation or warranties to be excluded 17 20 3 WAIVER OR LENIENCY To the extent allowed by law no leniency or extension of time that MTN SP may show to You at any time and for any purpose during the duration of this Contract will in any way prejudice MTN SP or prevent MTN SP from exercising any of its rights or remedies 20 4 APPLICABLE LAW 20 4 1 This Contract and all matters or disputes relating to it will be governed by the laws of the Republic of South Africa 20 4 2 Each provision of this Contract and each part of any provision is separate and separable from the others To the extent that any provision in this Contract or any part of a provision Severed provision or part is becomes or is declared by a court of competent jurisdiction or other competent authority to be unlawful invalid or unenforceable for any reason or in any jurisdiction then it will to the extent that it is unlawful invalid or unenforceable be severed from this Contract and treated as if it had not been written without invalidating or affecting the enforceability of the remaining provisions of this Contract or affecting the validity or enforceability of the remainder of such provision or the remainder of the Contract MTN SP may however provide You with written notice in terms of which it shall provide You w
37. or notice where this is reasonable in the circumstances or where it is necessary in order to comply with law or with the requirements of the Regulatory Authority You will be entitled to cancel the applicable Network Service s and or any service forming part of Your Package Option Price Plan which MTN SP seeks to amend in terms of clause 15 2 above Contract within 20 twenty days after receiving the notice from MTN SP of any changes or amendments referred to in clause 15 1 by giving written notice not by SMS to MTN SP only where the reason for the changes or amendments was not because they were necessary to comply with law or with the requirements of the Regulatory Authority and they were also not approved by the Regulatory Authority in the case of changes or amendments to the Charges or Price List these changes or amendments resulted in an increase to the Charges or other amounts payable by You to MTN SP were not approved by the Regulatory Authority and were also not increases which MTN SP is entitled to make in terms of 15 3 1 and in the case of changes or amendments to the limit of the Usage Charges set by MTN SP in terms of clause 5 7 the change or amendment has been a reduction of the limit of the Usage Charges and the reduction was not necessary to comply with law or with the requirements of the Regulatory Authority If the cancellation notice is received by MTN SP from You after the date that the relevant change or amendment beco
38. ow purchase a new SIM Card New SIM Card from any MTN SP outlet to substitute the Original SIM Card due to such Original SIM Card being lost or malfunctioning Such substitution must occur in accordance with the procedures advised by MTN SP from time to time The Mobile Number of the original SIM Card is not affected by the SIM Swop Subscriber or You means the person company or other entity which is the subscriber under this Contract as described in the Subscriber Details section of the MTN SP Subscriber Application Form and its successors or authorized assignees References to your and Your shall have a corresponding meaning 1 45 1 46 1 47 1 48 1 49 1 50 1 51 Suspension or to Suspend means to temporarily disable a SIM Card from the Network so that it is incapable of operating on the Network until the suspension is lifted by MTN SP Usage Charges means the charges for the use of the Network Services by You which are not included in the Monthly Services Charges as set out in the Price List These charges may be amended by MTN SP from time to time in the manner set out in this Contract Value Added Services or VAS means certain services which MTN SP may call Value Added Services and which MTN SP may make available to you from time to time or which may be included in Your Package Option Price Plan excluding premium rated services offered by third parties Value Ad
39. pplicable to My MTNChoice Package Options Price Plans only If Your actual Charges exceed the limit set by MTN SP or the Subscriber Usage Limit applicable to My MTNChoice Package Options Price Plans only You will still be required to pay these Charges 6 SUSPENSION OF ACCESS TO OR USE OF NETWORK SERVICES 6 1 6 1 1 6 1 4 6 2 6 2 1 6 2 2 Without limiting or reducing the other rights and remedies which MTN SP may have and to the extent allowed by law MTN SP may at any time Suspend Your access to or use of the whole or a part of the Network Services if any modification maintenance or remedial work must be undertaken in relation to the Network or the Network Services MTN SP will use reasonable endeavors to reduce the period of the suspension due to the modification maintenance and remedial work and will endeavour to notify You of this Suspension in advance MTN SP will not be required to notify You in advance when the modification maintenance or remedial work is required due to an emergency or Subject to clause 6 2 below if You breach any term of this Contract including but not limited to when You fail to give to MTN SP all necessary documents stated on the MTN SP Subscriber Contract Application Form or if You do not pay MTN SP any amount owing on a due date MTN SP will notify You of the Suspension of Your access to or use of the Network Services or You at any time exceed the limit of the total amount of C
40. rietary Limited Registration Number 1993 02648 07 currently of 216 Fourteenth Avenue Fairland Roodepoort Gauteng Republic of South Africa MTN SP s Premises means only the offices of MTN SP at 216 Fourteenth Avenue Fairland Roodepoort Gauteng Republic of South Africa MTN SP Subscriber Application Form means the MTN SP application form provided to You with these MTN SP Subscriber Contract Terms and Conditions Network means the GSM electronic communications network cellular telecommunications system operated by the Operator in South Africa Network Services means the wireless and or network services and any other related services made accessible to You by MTN SP in terms of this Contract which may include Value Added Services International Roaming and International Calling Operator means Mobile Telephone Networks Proprietary Limited Registration Number 1993 001436 07 its successors or assignees or any other licensed electronic communications network operator in South Africa which has granted MTN SP a sub license to make the Network Services available to You Order means the MTN SP Subscriber Contract Application Form and related documents completed and signed by You and provided to MTN SP for the provision of Mobile Device s SIM Cards and or use of the Network Services 1 30 1 31 1 32 1 33 1 34 1 35 1 36 1 37 1 38 1 39 1 40 1 41 1 42 1 43 1 44
41. rmined by MTN SP for upgrades to certain Package Options Price Plans when upgrading You will be advised of the amount that You will be liable for at the time that you apply for such Upgrade 5 2 3 5 2 4 5 2 5 5 2 6 5 2 7 5 2 8 5 3 5 4 5 4 1 5 4 2 5 5 5 6 all other Charges other than the Monthly Service Charges monthly in arrears the Cancellation Charges referred to in clause 11 Cancellation of the Contract in the event that You cancel the Contract the Cancellation Charges referred to in clause 11 Cancellation of the Contract in the event that MTN SP elects to cancel the Contract as a result of a breach of Contract by You This clause must not be deemed to be a waiver of MTN s rights to recover any damages that MTN may suffer as a result of a breach of this Contract by You a debit order return fee of R11 40 incl VAT if You fail to make payment of any amount by the due date for payment and the amount was required to be paid by debit order if there is a Package Migration Price Plan Migration by You the current migration fee and or administration fee for the migration as detailed in the Price List at the time of the Package Migration Price Plan Migration as long as the fees have been approved or fixed by the Regulatory Authority and to pay legal costs on the scale as between atiorney and own client reasonably incurred by MTN SP if MTN SP takes any legal steps against You relati
42. sage Charges set by MTN SP in terms of clause 5 7 except that You can only cancel this Contract where the changes or amendments meet the conditions set out in clause 14 3 or 11 1 7 by notice in writing not by SMS to MTN SP within 75 seventy five days after receiving a notice from MTN SP of the change withdrawal or substitution of any Value Added Services which form a part of Your Package Option Price Plan 11 2 Without limiting any of MTN SP s other remedies and rights against You this Contract may be cancelled by MTN SP immediately on written notice to You 11 2 1 if You are in breach of this Contract which may include but is not limited to where You fail to pay any amount to MTN SP on a due date and You have failed to remedy that breach within 20 twenty Business Days after MTN SP has given You notice of such breach provided that if the breach is not material MTN SP will only cancel this Contract where this is reasonable to do so 11 2 2 if MTN SP is of the reasonable belief that You are using or have used or accessed the Network Services in circumstances described in clause 3 10 1 or clause 3 10 2 11 2 3 if You are sequestrated liquidated placed under judicial management or business rescue whether provisionally or finally and whether voluntarily or compulsory or 12 11 2 4 if the sub license issued by the Operator in terms of which MTN SP is authorized and empowered to give You access to the Network Services is c
43. ts or excludes any warranties or obligations which are implied into this Contract by the Consumer Protection Act to the extent applicable to the extent that the law does not allow them to be limited or excluded 14 LIMITATIONS AND EXCLUSIONS OF LIABILITY 14 1 14 1 1 14 1 2 14 1 3 14 1 4 14 1 5 14 1 6 To the extent allowed by law MTN SP will not be liable to You or to any other person for any loss or damage suffered whether it is direct or indirect if the Network Services are interrupted suspended or cancelled for any negligent act or failure to act by MTN SP or for circumstances outside of the control of MTN SP or if MTN SP does not supply or deliver any Mobile Device or SIM Card s on the required date or time as a result of the use of any Mobile Device supplied to You by MTN SP relating to this Contract including the use of any self service features available to You if Your access to or use of the Network Services is Suspended in whole or in part in terms of clause 6 1 if MTN SP does not Suspend the provision of the Network Services to You after You have specifically requested MTN SP to do so in order to amongst other things limit the Usage Charges the loss or damage was caused by any negligent act or failure to act by MTN SP its employees or its agents 14 2 To the extent allowed by law where MTN SP is liable to You for any reason the cumulative maximum 14 3 liability of MTN SP t
44. upplied by MTN SP which includes or enables the user to access MMS GPRS EDGE and or UMTS utilises a data service For the avoidance of doubt SMS s and voice calls are excluded from this definition and do not form part of MTN SP s data services Deactivation or Deactivated means the permanent disenabling of a SIM Card from the Network at MTN SP s premises so that it is permanently incapable of being used or operated on the Network GSM means Global System for Mobile Communications as defined in the European Technical Standards Institute structure of specifications from time to time 1 20 1 21 1 22 1 23 1 24 1 25 1 26 1 27 1 28 1 29 Initial Contract Period means the duration of Your Contract as set out in the MTN SP Subscriber Application Form which will start from the Commencement Date as set out in the first invoice that MTN SP sends to You after Activation Insurance Application Form means the separate application form which is to be completed and signed by You if You choose to apply for the insurance policy available through MTN SP to insure Your Mobile Device as set out in clause 18 below Interest Rate means a rate of interest MTN SP may charge You which shall be determined by MTN SP but will not exceed the maximum interest rate allowed by law International Calling means the use of amongst other things voice and SMS services by You from within the Republ
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