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LTE T&C's

LTE Terms and Conditions (“Terms and Conditions”)

NOTICE:

PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEN AMENDED AS OF 16 APRIL 2014. THE PROVISIONS OF CLAUSES 3.2 AND 9.6 HAVEBEEN INCORPORATED.

NOTE:

A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against MTN and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.

B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

C. Please read these terms and conditions carefully. Your use of this service will constitute your agreement to comply with these Terms and Conditions.

1. Introduction

1.1. MTN has introduced a long term evolution (“LTE”) network which provides customers with high speed data access for smartphones, tablets and modem dongles. Access to the LTE network is based on the requirements detailed in these Terms and Conditions.

1.2. These Terms and Conditions must be read together with the terms and conditions of the Subscriber Agreement and any Addendum(s) thereto (if any).

1.3. These Terms and Conditions must also be read together with MTN’s LTE Internet Package and Internet bundle terms and conditions, which may found on www.mtn.co.za.

2. Offer Period

2.1 LTE is available from 25 March 2013 (the “Offer Period”).

2.2 Notwithstanding the Offer Period, MTN may, in its sole and absolute discretion, amend the duration of the Offer Period to a shorter or longer period, or withdraw the offer in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to products or services.

3. Requirements

3.1. In order for customers to access the LTE network, the following is required:

How to get LTE
Step 1
Ensure handsets are LTE capable supporting the following bands:
1800 MHZ
Consult your handset manufacturer for LTE capability  
Step 2
Ensure you have the correct SIM, that is, 128k
Easily identifiable via 3G or LTE branding on the back of the SIM
Step 3
Ensure you have the LTE Software update
Consult your handset manufacturer for the latest version
Step  4
Subscribe to MTN LTE access service.
Contact your MTN service provider to load LTE, at no cost
Step  5
Check if your area is covered
Visit the following link to check if you area has LTE coverage https://www.mtn.co.za/_layouts/1033/styles/MTNcoza/home/SignalChecker.html  

3.2. Effective 16 April 2014 as a value add, customers with:

3.2.1. an LTE capable device/handset;

3.2.2. a 128k SIM card; and

3.2.3. who are within an area which MTN provides LTE coverage,

shall automatically be provisioned with the LTE VAS service and access to the LTE network.

3.3. Should customers prefer not to access LTE, customers may disable access to this technology/service via their handset or by requesting the removal of the LTE VAS from their service provider.

4. LTE-capable Devices

4.1 The following handsets/devices are MTN and ICASA standards approved, relating to LTE:

Apple
iPad Air 16GB
 
LTE
Apple
iPad Air 32GB
 
LTE
Apple
iPad Air 64GB
 
LTE
Apple
iPad mini 2 16GB
Mini 2 / Retina Display
LTE
Apple
iPhone 5C 16GB
 
LTE
Apple
iPhone 5C 32GB
 
LTE
Apple
iPhone 5S 16GB
 
LTE
Apple
iPhone 5S 32GB
 
LTE
Apple
iPhone 5S 64GB
 
LTE
Blackberry
Z30
 
LTE
Blackberry
Q5
R-Series
LTE
Blackberry
Z10 LTE (STL100-1)
Liverpool
LTE
HTC
M8
 
LTE
Huawei
G6 LTE
LAUNCH 20/04/2014
LTE
Huawei
Mediapad 10 Link+
Android JB
LTE
Huawei
E5372
LTE Mobile Wi-Fi
LTE
Huawei
E3272
LTE - 150 MBPS
LTE
LG
G2 Mini LTE
Android KitKat
LTE
LG
G Flex
Android JB
LTE
Nokia
1320
Windows Phone 8
LTE
Nokia
Lumia 1520
Lumia BD
LTE
Samsung
SM-P905
Vienna - Note Pro 12.2 Android KitKat
LTE
Samsung
S4
 
LTE
Samsung
S5
 
LTE
Samsung
S5 Active
 
LTE
Samsung
S5 Zoom
 
LTE
Samsung
K Mini
 
LTE
Samsung
N9005
Galaxy Note 3
LTE
Samsung
P6050
Galaxy Note 2 10.1 2014 Edition
LTE
Samsung
T211
Galaxy Tab 3 7.0
LTE
Samsung
GT-I9195
Galaxy S IV Mini LTE
LTE
Samsung
P5220
Galaxy Tab 3 10.1 LTE
LTE
Sony
E3
Android JB LAUNCH 12/05/2014
LTE
Sony
i1-II
Android KitKat
LTE
Sony
T2
Android KitKat
LTE
Sony
Z1 Compact
 
LTE
 

 

4.2 MTN frequently updates its LTE-capable handset/devices list. Please visit www.mtn.co.za regularly for updates to the list in paragraph 4.1 above.

4.3 Due to MTN’s strict handset/device type approval process and to provide a quality LTE experience over the LTE network, customers recommended only to subscribe to the LTE service on any of the LTE-capable handsets/devices noted in paragraph 4.1 and 4.2 above, as any other handset/devices are not currently supported on the LTE network by MTN.

5. MTN 128K SIM card

5.1 In order to connect to the LTE network, the LTE-capable handset/device must be paired with an MTN 128K LTE-branded SIM card.

5.2 128K SIMs are branded with markings either “LTE” or “3G”, as per the below:

128K third generation form factor 3FF also known as Micro SIM:

128K fourth generation form factor 4FF also known as Nano SIM:

6. Software Update

6.1 The LTE feature may not be available on the customer’s handset/device due to the handset/device not having the necessary software update. Customers are recommended to ensure that they have the latest software update on their LTE-capable handset/device, which shall enable customers to have access to the LTE network.

6.2 Customers are advised to consult their handset manufacturer for the latest software version.

7. LTE VAS and Internet Packages

7.1 After the customer has activated the MTN 128K SIM card, paired it with an LTE-capable handset/device, updated their software on the LTE-capable handset/device and checked that they are in an area covered by LTE, the customer is required to subscribe to the LTE VAS in order to access the LTE network.

7.2 The LTE VAS is available at no cost.

7.3 Customers will require an Internet bundle to access the Internet. MTN recommends that customers load a higher end package. Further information regarding Internet packages.

7.4 The LTE VAS service is not allowed to be loaded onto any uncapped packages, that is, the MTN Uncapped Lite and MTN Uncapped Pro are disallowed.

8. LTE Coverage Areas

8.1 Please refer tohttps://www.mtn.co.za/_layouts/1033/styles/MTNcoza/home/SignalChecker.html (the “Table”) to view the areas within which MTN currently offers the LTE service. MTN shall expand its coverage areas.

8.2 The Table containing updated coverage areas may be found on www.mtn.co.za. MTN may, in its sole and absolute discretion, amend the coverage areas, or withdraw certain coverage areas in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

9. Other

9.1 Please note that MTN’s implementation of the LTE network is currently specifically designed for Internet usage.

9.2 Voice, SMS, USSD and STK (SIM application toolkit) functionality will not be possible over the LTE network, however, customers will be able to perform these functionalities over the 2G/3G networks.

9.3 The loading of the LTE VAS will enhance the Internet experience in MTN LTE Coverage Areas. Accessing LTE will provide customers with a faster Internet usage experience.

9.4 MTN recommends customers regularly check their internet balance by using the short code *141# or requesting from their service provider a usage limit to avoid potential bill shock.

9.5 In the event that a customer is an area where there is no LTE coverage, an automatic fall back may occur. The customer will fall back on MTN’s 3G network. Where such 3G network is unavailable, the customer will fall back on the 2G network (a “Circuit Switch Fall Back”).

9.6 In the event of a Circuit Switch Fall Back, the customer may experience a delay during setup of phone calls.

9.7 The speeds attainable through the LTE network are dependent on the LTE coverage areas. MTN uses best efforts to ensure that the speeds are sustainable.

9.8 Automatic provisioning of the LTE service to those customers, as detailed in clause 3.2 above, may result in more internet usage due to fast nature of accessing the internet which could potentially mean data costs that are higher than those costs that customers would have experienced whilst on the 3G network.

10. Limitation of Liability

10.1 Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to paragraphs 10.2 and 10.3 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):-

10.1.1 if MTN does not supply or deliver any device or SIM card/s on the required date or time; or

10.1.2 if the MTN network services are interrupted, suspended, or cancelled, for whatever reason; or

10.1.3 if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or

10.1.4 if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or

10.1.5 as a result of the use of any device supplied to you by MTN relating to the LTE Internet Packages;

10.2 Paragraph 10.1 does not limit or exclude any warranties or obligations which are implied by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

10.3 Paragraph 10.1 does not limit or exempt MTN from liability for any loss directly or indirectly attributable to the gross negligence of MTN or any person acting for or controlled by MTN to the extent that the law does not allow this. Paragraph 10.1 also does not limit or exclude the liability of MTN for death or personal injury caused to you through an act or omission of MTN subject to section 61(1) of the Consumer Protection Act, to the extent that the law does not allow this. Paragraph 10.1 also does not require you to assume risk or liability for these kinds of losses to the extent that the law does not allow this.

11. Modification of Terms and Conditions

11.1 MTN reserves the right, at any time, to change these Terms and Conditions and any rules, including but not limited to pricing, its products and services and to modify its products and services at its discretion.

11.2 MTN reserves the right at any time to modify, suspend or discontinue the services with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

11.3 MTN reserves the right from time to time to vary the charges/ pricing of these services as may be deemed necessary in its discretion.

11.4 See www.mtn.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the abovementioned website or elsewhere in any media.

12. General

12.1 MTN is not responsible for any services being cut off due to your Internet bundle credit having expired for any reason. MTN will, however, endeavor to contact you to advise you that your Internet bundle credits are depleted, prior to it running out.

12.2 MTN does not warrant or guarantee that it will notify you at that time or at all, and you agree that MTN is not liable for any loss you or any other person may suffer, allegedly as a result of MTN not contacting you at that time or at all.

12.3 You will be solely responsible for all products and services used in relation to the LTE network. Accordingly, MTN takes no responsibility for any loss or damage incurred, including the SIM card, where applicable, or any MTN Internet bundle credits associated with the SIM card. In the event of theft or loss of your device and/or SIM card, such items must be replaced at your own cost, you are obliged to report such loss or theft to the South African Police Services immediately, and to request MTN to suspend such SIM card.

12.4 MTN is under no obligation to give you any proof of how your Internet bundle credit has been used or of any services accessed through use of the LTE network. Accordingly, MTN is under no obligation to provide itemised information with respect to any Internet records for the use of LTE through your SIM card or device.

12.5 All value added services depend on the discretion of MTN may withdraw them at any time with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

 

MTNza T&C's

PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEN AMENDED AS OF 11 NOVEMBER 2013. THE PROVISIONS OF CLAUSE 13.2.1 HAVE BEEN AMENDED AND CLAUSES A, B, 14 AND 15 HAVE BEEN INSERTED.

NOTE:

A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Pty) Ltd (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against MTN and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.

B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

1. Standard MTN terms and conditions apply to this service: seewww.mtn.co.za You accept that your use of this service is subject to all the current terms and conditions as contained on that website.

2. myMTNza Features

Allows MTN users to check their airtime, internet and SMS bundle balances;

Viewing of MTN Zone discounts; and

Loading of airtime vouchers and purchases of internet and SMS bundles.

Please note that all features might not be available on all mobile operating systems.

3. MTN shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever, howsoever arising suffered or incurred by any person who accesses, downloads or uses this myMTNza Self-Service Application (the "User") or uses any services offered via this software/application, or .mobi website or relies on any information provided via this application or .mobi website, including but not limited to:

3.1. errors or discrepancies in the information provided;

3.2. any unauthorised access of this software/application or website by third parties;

3.3. any breakdown or failure of any equipment or medium of access to this application or website;

3.4. any failure or unavailability of any of MTN's or any third parties' facilities or systems resulting in the inability to access this software/Application, .mobi or website or process any transaction referred to or offered via this application .mobi or website;

3.5. the destruction or accessing of the User's data or equipment;

3.6. any alteration, modification, upgrade or update of this software/application or .mobi website or any technology, hardware or software/application modification that may form part of this application, or .mobi website.

4. The User hereby indemnifies MTN against any demand, claim or action against MTN relating to or in connection with the User's use or accessing of this software/application or website whether directly or indirectly for any reason whatsoever.

5. MTN reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw this software/application or .mobi website or any part hereof at any time.

6. Unless expressly stated to the contrary MTN owns the intellectual property rights in and to this software/application or website and the unauthorised use thereof is expressly prohibited.

7. When running the application for the first time, the User might experience a few actions to determine what type of connection they have present and to authorize their use of the application. If a User has been detected using a Wi-Fi connection, they would be requested to enter the MTN number they wish to log in with. Even if a User has their data and Wi-Fi connection active, the application will choose to use the Wi-Fi connection as this is the default connection type. So if a User does not know their MTN data SIM number and wish to log in with that, they should turn off their Wi-Fi connection and load the application again. It will then detect the data connection as primary connection – and then the User will be automatically logged in with their current MTN data connection. If the User is using another networks’ SIM card, they will unfortunately not be able to log into the application. Note that this will send an authentication notice to the device that has the number entered in the login screen. So if the User’s mobile phone number has been entered in the box, they will get a notice on that number to authenticate the login on their number (so this can be another mobile handset or the tablet device you are trying to login). MTN will not be responsible and cautions the User that there may be a discrepancy in any amounts shown via this software, modem or website, and the bill issued to the User at the end of the particular billing month. The amount shown on the bill issued by MTN to the User will be the amount owing by the User to MTN.

8. If Accept is chosen on the requested device, MTN will proceed with the login and show the balances and all other account info to the User. There are 4 (four) types of Users who can access this application and each application will have different options. The four types of MTN Users are:

8.1. MTN PayAsYouGo

This application is tailored for them and they will be able to perform all possible actions on the application.

8.2. MTN TopUp.

They will be able to use most of the functions, but the purchasing of recurring bundles is not available to them (they are not shown this option).

8.3. MTN Contract Users with a Self Service Purchase limit loaded by their Service Provider

If a Contract User has a Self Service Purchase limit enabled, they will be able to buy Internet bundles.

8.4. Contract Users without a Self Service Purchase limit

If a Contract User does not have their Self Service Purchase limit enabled, information on how this can be set up will be displayed to them. They will be able to see all the Internet bundles, but won’t be able to purchase any of them.

9. MTN does not guarantee continuous real-time provisioning of the software/application or .mobi website or any other systems and shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by the User due to such lack of real-time provisioning.

10. The User agrees that MTN shall not be held responsible for any injury, loss, expense or damage of any kind whatsoever suffered or incurred by the User due to the delay of data being sent and received or any data that may be lost, as the User is aware that the prevailing data transfer technologies are of such a nature that data may be delayed or lost due to reasons beyond the control of MTN. Causes of such delay may include but not necessarily be limited to:

10.1. the time of day the User will be receiving or sending such data;

10.2. the speed at which the data is sent or received;

10.3. the weather and area;

10.4. the type of device/s used to transfer such data; or

10.5. the amount of Users on a particular network at a location at any particular time. 11. Each screen is equipped with a “Help” function, which will show the User how to use the functions available on that screen. This is tailored for the type of Users as well Icon is only for advisory or guidance purposes, and MTN shall not be responsible for any actions of the User after accessing such information or advice.

12. Use of this software/application is subject to these Terms and Conditions. In so far as it is necessary, required by law or beyond the reasonable control of MTN, MTN reserves the right to vary the nature of the software/application or these Terms and Conditions, or cancel this software/application upon notice in this regard being published on www.mtn.co.za or in another appropriate medium.

13. MTN reserves the right to vary or amend any pricing or charges relating to this software/application.

13.1 Disclaimer

MTN will in no event be liable for lost or interrupted data, messages, packets, or other information transmitted to or from third party networks, if the loss or interruption takes outside of the MTN Network.

13.2 Pricing

13.2.1 mMTNza App:

  • MTN Users will be able to download the myMTNza software/application from the Apple iOS App store, Android Users from the Google Play Application store and Nokia users from Nokia Ovi store standard data rates apply when downloading.
  • Feature phones and Smartphone Users will also be able to access the .mobi site using the following URLhttp://mymtnza.mtn.co.za and http://mymtnza.mtn.mobi
  • Data charges may apply (on an average of R0,02 (two cents) per session) when using the myMTNza app. Links within the app will also be charged for.
  • All charges / free of charge usage specified, is for local use with in South Africa on MTN network.
  • For roaming subscribers roaming data charges will apply.
  • 14 MTNZone Widget (For Android handsets)

  • MTNZone Widget is free but download data costs may apply when downloading myMTNza from Google Play Store.
  • The MTNZone Widget and myMTNza app will work only on Android devices with 3.7’’ screen size and running Android 2.2 version or higher.
  • MTNZone Widget uses data to refresh the discount values displayed. This data usage is free of charge while used inside South Africa in MTN network.
  • Roaming data rates will apply when used from outside South Africa.
  • MTNZone Widget displays MTNZone discounts for local voice and SMS.
  • For MTNZone, product specific rules refer to the existing terms and conditions on MTN websitehttps://shop.mtn.co.za/crs/siteInformation/staticPage.jsp?breadcrumb=TermsAndConditions&siteInformation=Zone
  • All charges / free of charge usage specified, is for local use with in South Africa on MTN network.
  • For roaming subscribers roaming data charges will apply.

15. General

15.1 All Customers indemnify MTN and their directors, officers, employees and agents, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever.

15.2. MTN reserves the right, at any time, to change these Terms and Conditions and any rules relating to its products and services, and to modify its products and services at its discretion.

15.3. MTN reserves the right at any time to modify, suspend or discontinue the services with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

15.4. MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.

15.5. See www.mtn.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.

My MTNChoice Value

1. The My MTNChoice Value price plan is available on a variable length contract. That is, a 6 (six), 12 (twelve), 18 (eighteen) or 24 (twenty four) month contract basis.

2. Voice, Internet, SMS, International Calling, Smartphone and Blackberry services add-ons, amongst others, may be loaded onto the My MTNChoice range of price plans (the “Add-On Bundles and Services”), subject to some exceptions.

3. The Add-Ons Bundles and Services may be subscribed to as recurring Add-On Bundles and Services or as once-off Add-On Bundles.

4. All customers on the My MTNChoice range of price plans have the ability to recharge at any time.

5. The My MTNChoice Value price plan enables customers to use their inclusive value for making voice calls, sending SMSs and browsing the Internet. Voice calls on this price plan are billed at per second rates.

6. The MTN Zone offer is the default option for the My MTNChoice Value price plan. The customer may deactivate the MTN Zone option at any time, should they wish, by dialling *141# which will default them to the My MTNChoice Value price plan rates.

7. Once the My MTNChoice Value price plan’s inclusive value and Add-On Bundles and Services are depleted for the month in question, the customer may either recharge with MTN PayAsYouGo airtime or the usage limit (if available) will be depleted by the applicable out-of-bundle rate.

8. For details regarding Add-On Bundles and Services, please see www.mtn.co.za.

9. Please note: The My MTNChoice Anytime Minute Add-On Bundle may not be purchased as an add-on to the My MTNChoice Value price plan.

10. Migration

10.1. Existing MTN customers shall be allowed to migrate in or out of contract to the My MTNChoice price plan.

10.2. MTN contract and TopUp customers who migrate to the My MTNChoice price plan shall retain any accumulated/accrued (inclusive or Add-On Bundle) Rand value, minutes, SMSs or Internet (the “carry-over value”). The carry-over value will be added to the respective wallet and the expiry/carry-over rules related to that wallet will apply. However, off peak minutes shall be migrated to the MTN to MTN wallet.

11. Loyalty Points

11.1. The customer may use their accrued loyalty points to purchase available once-off Bundles.

11.2. In the event that the customer migrates from their existing price plan to the My MTNChoice price plan, the customer’s existing loyalty points will be carried over to the My MTNChoice price plan.

11.3. Loyalty points are only earned by the usage of recharge airtime and not the loading of airtime.

11.4. No loyalty points will be earned on products loaded through the redemption of loyalty points. For further information, see www.mtn.co.za.

12. General

12.1. Any services that incur a separate charge, such as itemised billing, calling line identity, migration charges, Me2U transfer charges will not deplete the inclusive value.

12.2. In the event that any of the My MTNChoice price plans are cancelled before their subscription period ends, the standard claw back rules shall apply.

12.3. Premium rated services do not deplete the inclusive value or Add-On Bundles on the My MTNChoice price plans.

13. Modification of these Terms and Conditions

13.1. MTN reserves the right, in its sole discretion, to amend (including without limitation, by the addition of new terms and conditions) these Terms and Conditions, at any time, and from time to time, with notice to you. Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to review these Terms and Conditions regularly, prior to use of the My MTNChoice Products for any such amendments. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.

13.2. MTN will notify you of amendments to these Terms and Conditions as and when they arise, by publishing a notice of such amendments via the medium used to publish these Terms and Conditions, which you will be required to accept each time, even though you have accepted the Terms and Conditions on a previous occasion.

13.3. MTN reserves the right at any time to modify, suspend or discontinue the services with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

13.4. MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.

13.5. In the event that you are unsatisfied with any of the Terms and Conditions, kindly refrain from using the My MTNChoice Products.

InternationalRoaming

International Roaming

A. INTERNATIONAL ROAMING

1. Definitions

“International Roaming”means the use of the telecommunication services offered by MTN including but not limited to, voice, SMS, MMS and Internet/Data services, whilst travelling outside the Republic of South Africa.

2. Deposit

2.1. If applying for International Roaming for the first time MTN may require that you pay to MTN a security deposit of R2000.00 (two thousand Rand), for activation of the International Roaming service (the “Deposit”).

2.2. MTN may, in its sole discretion, refuse to activate the International Roaming service. Upon request by MTN, you may be required to furnish proof of payment of the Deposit before the International Roaming Network Service is activated.

2.3. If in terms of clause 2.1 above, MTN requires you to provide a deposit as security for the activation of International Roaming service provided by MTN, then the terms set below shall apply in relation to such Deposits:-

2.3.1. Any amount held by MTN on your behalf in relation to this Application as a security Deposit shall not attract any interest and MTN shall not be liable to you or any third party for any interest payments on the amounts so held as a Deposit under this application; and

2.3.2. MTN shall be entitled to retain the Deposit for a period of 3 (three) months after such deposit has been paid, as security for the fulfilment of your obligations in relation to the payment of the International Roaming service.

2.3.3. In the event of any International Roaming service charges/amounts being unpaid, MTN shall be entitled to offset the amounts due against the Deposit and the balance that remains shall be paid over to you by MTN into your MTN Account.

2.3.4. In the event that all such amounts, which are due by you, have been paid in full, and upon instruction by you to MTN to terminate the International Roaming service, MTN shall refund the Deposit to your MTN Account.

3. International Roaming Rates and Charges

Please read and understand the below clauses. They constitute an assumption of risk, liability or both by you, and may result in you being legally responsible for increased or additional costs.

3.1. MTN International Roaming Rates will apply when you use the International Roaming service for voice calls, SMS, MMS and Internet/data services.

3.2. MTN’s International Roaming rates are available on the MTN website at www.mtn.co.za or you can call *111# from a cell phone with an MTN SIM card for more information. These rates shall apply when the International Roaming service is used by you, unless such rates are superseded by any promotions, alternate pricing plan and/or special offers.

You are requested to note that the costs and/or charges for Internet/data usage, including but not limited to all BlackBerry and Smartphone services outside of the Republic of South Africa will be charged at the International Data Roaming Tariffs that are applicable to the country which you are visiting.This applies to service bundles including but not limited to BlackBerry services, Apple and Android Smartphone services, BBM, BIS, BES, BISBES, MTN BlackBerry Tiered Services and WhatsApp which will not be depleted when roaming. The BlackBerry service bundles only deplete when used within the Republic of South Africa. You will be charged at International Data Roaming Tariffs for using these services.

3.4. In the event that you activate the SMS Roaming Only function then voice, data and MMS services will be automatically deactivated and inaccessible. To activate SMS Roaming Only, please dial *111*14#.

3.5. Voice calls and SMS from an MTN customer to another MTN customer which would normally enjoy free or discounted rates will be charged at MTN’s International Roaming rates when roaming.

3.6. MMS services are charged at International Data Roaming tariffs.

3.7. Internet/data services are charged according to the volume of Internet/data used. Internet/data services are not charged according to the duration of the Internet/data session.

3.8. Internet/data bundles do not deplete when roaming.

3.9. Promotional tariffs may apply to International Roaming, if applicable at the time of International Roaming.

3.10. In the event that you require detailed billing to confirm your usage of the International Roaming services, MTN SP will provide you with Call Data Records (“CDRs”) for Internet/data services used by you for the International Roaming services. MTN SP does not have an obligation to provide Internet/data billing details relating to peer to peer, VoIP, Bit Torrent, and URLS.

4. Device Settings

Please read and understand the below clauses. They constitute an assumption of risk, liability or both by you, and may result in you being legally responsible for increased or additional costs.

4.1. Please note that your device may result in you incurring additional costs. This applies to, including but not limited to, BlackBerry, Apple and Android Smartphones, Tablets and Laptops, as well as other devices.

4.2. It is your duty and obligation to ensure that your device settings are correctly provisioned as certain devices may, among other things, automatically update, including but not limited to, your social networks, gaming and other applications, Microsoft and anti-virus updates, push emails to your device or automatically switch on your data roaming service despite you deactivating the data roaming service on your device.

4.3. Please consult your device settings manual, as well as acquaint yourself with the terms and conditions of the applications you have on your device.

4.4. MTN will not be liable for any costs, loss or damage incurred by you in the event that your device settings result in you incurring additional costs.

5. Processing of your Application Form

Your application for International Roaming Network Services may only be processed by MTN SP 10 (ten) days after you have handed in this completed Application Form to MTN SP and paid any deposits required by MTN SP as detailed above.It is therefore your responsibility to ensure that this Application Form is duly completed by yourself timeously.

6. Termination of International Roaming

If you no longer require the International Roaming service, you must contact MTN SP to terminate the aforementioned services. The International Roaming service is not automatically deactivated.

B. INTERNATIONAL CALLING

This enables you to make international calls from the Republic of South Africa, as well as international calls whilst roaming if you have the International Roaming service.

1. Definitions

“International Calling” means the enablement of a Customer, under a Subscriber Agreement with MTN, to make international calls, that is, calls to numbers outside of geographical borders of the Republic of South Africa. It also applies to those calls made by you to the Republic of South Africa from the country you are visiting.

2. International Calling Rates and Charges

2.1. MTN International Calling Rates shall apply when you use the International Calling service.

2.2. MTN’s International Calling rates are available on the MTN website at www.mtn.co.za or you can call *111# from a cell phone with an MTN SIM card for more information. These rates shall apply when the International Calling service is used by you, unless such rates are superseded by any promotions, alternate pricing plan and/or special offers.

3. Processing of your Application Form

Your application for International Calling services may only be processed by MTN 10 (ten) days after you have handed in this completed Application Form to MTN. It is therefore your responsibility to ensure that this Application form is duly completed by yourself timeously.

4. Termination of International Calling

If you no longer require the International Calling service, you must contact MTN SP to terminate the aforementioned services. The International Calling service is not automatically deactivated.

MTN Missed call notification

MTN Missed Call Notifications

Standard Terms & Conditions for MTN Missed Call Notifications

1. All MTN customers have access to Missed Call Notification.

2. MTN Missed Call Notification is available to all MTN customers with no subscription or activation fee.

3. Customers can opt in and opt out from Missed Call Notification for free by dialling *100# and select applicable option.

4. Customers opted for Missed Call Notification will receive SMS notifications on their missed calls from callers who did not leave voice messages on their VoiceMail while their phones were off or out of coverage.

5. Receiving an SMS from Missed Call Notification is free.

6. SMS from Missed Call Notification indicates the caller’s number (if the caller was showing their number), date and time a call was made and the number of times the calls were made.

7. Call returns are charged at customer’s applicable calling rates.

8. SIM cards that are not RICAed will not be able to receive notifications.

9. For customers who are in VoiceMail Lite and opt in for Missed Call Notifications, their voicemail preference will automatically be changed to VoiceMail.

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