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:

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 to https://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 Spend 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.

 

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