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”), referred to as the ("Promoter/s") will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies against the Promoters 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 the Promoters 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 and Conditions 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. Participation in these terms and conditions will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate.
D. Please note that these Terms and Conditions are subject to your Subscriber Contract Terms and Conditions and these Terms and Conditions do not replace any other Terms and Conditions, or agreements that exist between you and MTN. In the event of any conflict between this set of s Terms and Conditions and your Subscriber Contract Terms and Conditions, the Subscriber Terms and Conditions will take precedence.
E. Privacy notice
By accepting to participate in this offer and as a consumer of MTN mobile advertising, you understand that your data (i.e. age, gender, device type, interests) may be shared with Third Parties in an anonymised way to enable profiling for targeted advertisements. Under no circumstances will your personal information be shared (i.e. your name or MSISDN or location) which identify you uniquely as a user, without your explicit consent.
MTN in partnership with a third-party platform provider may use the anonymised shared data and perform some analytics to create a profile. This profile will enable the Promoters to tailor the kinds of marketing promotions exposed to you as a user, reducing spamming or unwanted communications, while enhancing your user experience and engagement.
SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2, 3, 4, 5, 6, 14, 18, 20, 21.
1. MTN SuperFlex is a product available to customers through MTN’s online channel only SuperFlex (Unlimited Calls) - MTN South Africa.
2. Superflex offers unlimited local minutes and SMSs, with a specific amount of anytime data. (see clause 4.1 below)
3. The promotion is intended for consumer, personal use only, and usage is subject to an Acceptable Usage Policy (AUP), as detailed in clause 14.
2.1 This offer will be available from 01 February 2026 (“the Effective Date”) until discontinued by MTN with notice to you.
2.2 Notwithstanding the Offer Period, MTN may, in their 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 services.
2.3 MTN reserves the right to continue to offer the SuperFlex plan for existing customers only and discontinue the offer of the SuperFlex plan for all new customers upon the expiry date of the promotion.
The offer is available to:
4.1 Qualifying customers must successfully complete the sign-up process for the SuperFlex plan on the MTN website (mtn.co.za) .
4.2 New customers can select a new SIM / Number or use their existing prepaid Number. Customers can also use a new or existing eSim to join SuperFlex.
4.3 Contract customers will need to migrate their postpaid number to prepaid first, and following such migration to prepaid, they can then take up a SuperFlex plan. Note that cancellation and / or claw-back charges may apply when moving from postpaid to prepaid.
4.4 Customers on any other network besides MTN’s network will have to first port to the MTN network, once they are on prepaid MTN SIM, they can then take up a SuperFlex plan. Note that cancellation and or claw-back charges may apply with your other network when moving to MTN.
4.5 Existing prepaid MTN customers can add their full outstanding XtraTime amount to their first SuperFlex bill and settle their XtraTime balance in the process of joining SuperFlex.
4.6 Customers must make a successful upfront payment in order to complete the process to join the Superflex Price plan and make subsequent successful payments monthly to remain on the plan.
4.7 To activate the plan, customers must be successfully RICA’ed and have inserted their SIM in their device. Alternatively, customers who bring their existing prepaid numbers will not need to RICA again and the plan will be activated on their existing number accordingly.
4.8 MTN retains the right to limit the number of plans to 1 per customer, which will be determined on, but not limited to, the customer’s South African ID number, passport or refugee number and/or credit/debit card number.
4.9 While joining this offer, customers may choose to purchase a device either by making a full upfront payment or by using a budget facility for devices priced above R300, provided it is supported and activated through their bank. Customers are solely responsible for managing their own device finance arrangements.
5.1. Customers who sign up on the offer will have the following options:
Plans | Option 1 | Option 2 | Option 3 | Option 4 |
Data | 5GB Anytime data | 10GB Anytime Data (R100 off the first month) | 15GB Anytime Data | 20GB Anytime Data |
Minutes | Unlimited minutes | Unlimited minutes | Unlimited minutes | Unlimited minutes |
SMS | Unlimited SMSs | Unlimited SMSs | Unlimited SMSs | Unlimited SMSs |
Subscription (incl. VAT) | R 209.00 | R 229.00 on first payment R 329.00 from the second payment | R 429.00 | R 519.00 |
Contract Term | Month-to-Month | Month-to-Month | Month-to-Month | Month-to-Month |
5.2. Customers will have the option to recharge with the following exclusive SuperFlex bolt-on bundles:
Bundle | SuperFlex 1GB | SuperFlex 3GB | SuperFlex 5GB |
Data | 1GB Anytime Data | 3GB Anytime Data | 5GB Anytime Data |
Price (incl VAT) | R79.00 | R199.00 | R299.00 |
Validity Period | Month | Month | Month |
6.1 The customer’s new SIM/eSIM will be activated after successful RICA, and this activation date will become their monthly billing/anniversary date.
6.2 If the initial activation date is between the 28th and 30th of the month, the anniversary date will be moved to the last day of subsequent months from the next month. For example, if a SuperFlex customer initially signs up on the 30th of January, their next payment date will be the 28th of February and the last day of subsequent months.
6.3 The initial subscription payment can only be made via credit/debit card during the sign-up process.
6.4 The recurring subscription payments will be automatically deducted from the credit/debit card each month on the customer’s billing/anniversary date. Should the automatic deduction fail for any reason, the customer will be able to make a payment using the MTN App.
6.5 All self-service activities can only be completed using the MTN App e.g., card payments, updating banking details, balance check, airtime recharge, data bundle recharge, changing inclusive data value, cancellation etc.
6.6 Customers can change their inclusive plan data value at any time via the MTN App; however, the change will only come into effect on their next anniversary date, including updated recurring subscription charge.
6.7 Customers can recharge only with exclusive once-off anytime data bundles through the MTN App, using their airtime balance or credit/debit card. MTN SuperFlex customers can only purchase the exclusive bundles as stated in clause 5.2 above.
6.8 The unlimited voice minutes and SMSs can be used across all local networks for standard rate calls and messages as a typical consumer for personal use. Any international and premium-rated calls and SMSs are charged at prevailing rates.
6.9 If the recurring monthly subscription payment via debit / credit card is unsuccessful within the period, you will be informed of the reason that your payment failed through an SMS and an in-App notification to facilitate the payment. Upon successful payment within the period, you will be re-provisioned with your recurring inclusive value. The date of the new payment will become your new billing / anniversary date.
6.10 If recurring payments are not made, the inclusive plan value will not be provisioned, but you will still be able to enjoy connectivity to the MTN network by recharging with airtime where Out-of-Bundle rates will apply, and/or once-off monthly exclusive data bundles via the MTN App. MTN will attempt to retrieve payment again on the next billing / anniversary date if still within the period.
6.11 If payment for the recurring inclusive value is not made and the customer has not done any billable actions, e.g., recharge of airtime or bundles, out-of-bundle usage etc., then Access4Life Business rules will apply. Access4Life Business rules state that after 90-days of dormancy your SIM is no longer reported as active. They will then be disconnected from the SuperFlex plan and MTN network. Customers may opt to cancel their SuperFlex plan and be migrated to the default prepaid plan via the MTN App.
Disney+ Mobile Subscription “On Us”
6.12 Customers who join MTN SuperFlex within the offer period will also receive a 6-month Disney+ Mobile subscription ‘On Us’ on activation of their SIM. Customers will only receive a 6-month Disney+ Mobile subscription ‘On Us’ upon their first activation of the SuperFlex plan. If they take-up another SuperFlex plan using the same MSISDN, they will not qualify for another 6-month Disney+ Mobile subscription ‘On Us’.
6.13 Should the customer already have an active Disney+ Mobile subscription, they can choose to either; keep their existing Disney+ Subscription or get the new 6-month Disney+ Mobile subscription ‘On Us’. To qualify for the new -month Disney+ Mobile subscription ‘On Us’ they must cancel their existing subscription first, before taking up a SuperFlex plan.
6.14 The 6-month Disney+ Mobile subscription ‘On Us’ will be automatically provisioned once the SIM has been RICA’ed and is active on the network.
6.15 The 6-month Disney+ Mobile subscription ‘On Us’ allows streaming on one mobile device only, meaning customers can stream on a phone or tablet.
6.16 Once the 6-month Disney+ Mobile subscription ‘On Us’ has lapsed, customers may opt to subscribe to a paid for Disney+ Mobile subscription at an additional monthly recurring cost.
6.17 A SuperFlex customer who cancels their SuperFlex plan (migrated to the default prepaid plan) or is migrated out of their SuperFlex plan (due to Number 4 Life rules or for violation of the Acceptable Use Policy) and then decides to take up a new SuperFlex plan making use of same MSISDN, will not qualify for the 6-month Disney+ Mobile subscription ‘On Us’ Subscription again.
7.1 By default, out-of-bundle Data usage is not enabled. You must opt-in for out-of-bundle usage.
7.2 By default, out-of-bundle Minute and SMS usage is enabled; however, you could opt out of out-of-bundle usage if you choose to do so.
7.3 You have the option to opt-in OR opt out of out-of-bundle usage (out-of-bundle rates) through the MTN App settings.
7.4 Where the customer has opted-in for out-of-bundle usage and a payment is missed, and the inclusive data value and/or data bundles have depleted, usage is depleted from available Airtime, or a purchased recharge bundle.
7.5 Any premium-rated and International Calling (Voice), and Roaming (Minute, Data, and SMS) usage will not deplete the plan's inclusive value; it will be charged (OOB Rates) to Recharge Airtime at the prevailing rates.
Out-of-bundle rates are as follows:
| Price (incl VAT) | Increment |
Voice | R1,55 | Per second |
SMS National | R0,35 | Per 160 characters |
SMS International | R1,69 | Per 160 characters |
Data | R0,29 | Per MB (min 25KiB) |
USSD | R0,22 | Per 20 seconds |
International Calling | International calling rate card | International calling rate card |
International Roaming | International roaming rate card | International roaming rate card |
8.1 Standard depletion rules apply, which are:
8.2 Your FREE/promotional value will deplete first.
8.3 Your purchased once-off bundles will deplete next.
8.4 Your paid-for superflex (subscription) recurring bundle will deplete thereafter.
8.5 Your Airtime recharges if loaded, are next.
8.6 Note that the shortest validity will always deplete first.
10.1. All account management of MTN SuperFlex plan will primarily take place through the MTN App.
10.2. Customer can call 135 (or 083 135 from a non-MTN phone number) for additional Superflex support that is not available in-app.
10.3. There is a designated support webpage for MTN SuperFlex customers containing FAQs for the product.
10.1 The unused plan inclusive data value provisioned by recurring subscription and purchased SuperFlex once-off bolt-on data bundles will automatically carry over to the following month. Any unused data value will be forfeited after 2 months. For example, any unused portion of data allocated on 6 January will carry over on 6 February but will be forfeited on 6 March.
10.2 If a customer purchases a once-off bolt-on data bundle of the same or larger value as the one they have already purchased, the remaining unused value of the bolt-on data bundle will extend to the expiry date of the most recently purchased bolt-on data bundle.
12.1 Customers will receive SMS notifications at 50%, 80% and 100% depletion of their inclusive data (plan and bundle). Usage notifications do not apply to free or unlimited data, and customers may opt out of these notifications.
12.2 Customers will receive notifications relating to SIM and/or device delivery, where applicable.
12.3 Customers will receive notifications confirming successful plan renewals, payment transactions (including plan, airtime and bundles), and changes to their monthly recurring inclusive data value.
12.4 Customers will receive notifications for value-added benefits, including their 6-month Disney+ Mobile Subscription ‘On Us’, with a redemption link.
13.1 Customers will receive notifications upon cancellation of their SuperFlex plan or migration to the default MTN prepaid plan, including up to three (3) warnings for non-compliance with the SuperFlex Acceptable Usage Policy prior to migration.
14.1 The SuperFlex plan includes unlimited voice and SMS services for use as a consumer, in your personal capacity. To ensure an optimal customer experience for SuperFlex and other MTN network users, usage of the SuperFlex plan is subject to an Acceptable Use Policy “AUP “.
14.2 Per this policy, MTN shall monitor consumer usage and behavioural patterns, and identify non-compliance which is deemed to be outside of the intended and permitted use, and/or of risk to the MTN customer experience policies.
14.3 The determination of non-compliance is made by a proprietary algorithm, which takes multiple parameters of usage into consideration. MTN SA monitors the algorithm on a regular basis, against a set of dynamic values for each parameter which are determined by the usage observed from the consumer base and are by no means fixed thresholds.
14.4 MTN reserves the right, in its sole and absolute discretion, to temporarily suspend services for the purposes of conducting fraud investigation and verification where it suspects that usage is in contravention of the Acceptable Use Policy.
14.5 Furthermore, MTN can elect to permanently suspend services in the event of fraud and/or unacceptable use, including but not limited to:
14.5.1 Any criminal, illegal, unlawful or fraudulent act;
14.5.2 Any use which interferes with MTN’s ability to provide services;
14.5.3 Any use which degrades MTN’s network quality or places unreasonable constraint on the MTN network;
14.5.4 Any use which interferes with MTN’s rights or the rights of third parties;
14.5.5 Any use which amounts to a breach of any other agreement MTN may have entered into;
14.5.6 Any user which causes reputational damage to MTN or any third party or brings MTN’s brand into disrepute;
14.5.7 Using the service for corporate, business or commercial use, including but not limited to;
14.5.7.1 Sim farming;
14.5.7.2 Least cost routing (LCR);
14.5.7.3 Call centre usage;
14.5.7.4 Pay phone usage;
14.5.7.5 Bulk calling services;
14.5.7.6 Bulk messaging services;
14.5.7.7 Machine to Machine or IOT (Internet of Things) applications;
14.5.7.8 Server hosting;
14.5.7.9 SPAM, Scam and/or Phishing calls and SMSs;
14.5.7.10 Intelligent routing devices;
14.5.7.11 Push to Talk (PTT); or
14.5.7.12 International bypass.
14.5.8 Using the service for unsolicited direct marketing communications or for any other commercial purposes;
14.5.9 Using the service in any device other than a phone as deemed by MTN; and
14.5.10 Using the service to access illegal or illicit content.
14.6 If a customer is found to be in contravention of this policy, they will be notified via SMS.
14.7 Should their behaviour continue unchanged, their services may be migrated to a prepaid plan, and there will be no refund of any subscription charges previously incurred, nor any carry-over of any value (including access to Voice, SMS and Data services).
14.8 The customer may query their permanent suspension by submitting evidence that demonstrates that the customer’s usage is not in contravention of the Acceptable Use Policy. Customers may query their suspension by contacting MTN at customercare@mtn.com within seven (7) working days of suspension. MTN may consider reinstating the customer where acceptable evidence has been provided.
14.9 A permanently suspended customer will not be permitted to take out a new SuperFlex plan.
15.1. The following usage and services are not permitted on the MTN SuperFlex plans:
15.1.1. Commercial use, as stated in clause 15 above.
15.1.2. XtraTime.
15.1.3. MTN YelloBucks.
15.1.4. Non-SuperFlex specific data bundles
16.1 Customers on SuperFlex plans (5GB, 10GB, 15GB or 20GB) may change their plan at any time during their payment cycle via the MTN App. Any plan change will take effect on the next payment anniversary at the applicable subscription rate.
16.2 Customers may change their plan multiple times within the same payment cycle. Only the most recent change made before the payment anniversary will be applied.
17.1 A customer can cancel their SuperFlex plan at any time. Their subscription will lapse on their next anniversary date, and they will be migrated to the default MTN prepaid plan.
17.2 Customers who violate the AUP may have their SuperFlex plan cancelled and will be migrated to the default prepaid plan.
18.1 MTN shall not be responsible for the subscription being interrupted and/or failing for any reason or for any interruption in the network services or handset compatibility.
18.2 MTN, their respective directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, subsidiaries and sponsors assume no liability whatsoever for any direct or indirect loss or damage, including but not limited to physical harm or death, howsoever arising from or as a result of a person's participation and/or the terms and conditions of this al Offer. Furthermore, the qualifying customer will be solely responsible for all products and the subscription used by the qualifying customer. Accordingly, MTN takes no responsibility for any loss or damage, or any MTN airtime or data associated with the SIM card and/or cellphone number. In the event of theft or loss of the qualifying customer cell phone, airtime, data and/or SIM card, such items must be replaced at the qualifying customer own cost, and the qualifying customer are obliged to report such loss or theft to the South African Police Services immediately. All persons using the subscription hereby expressly indemnify MTN in this regard and shall hold it harmless from all and any claims arising from or as a result of the above reasons.
18.3 MTN reserves the right, at any time, to change these terms and conditions and any rules relating to this al Offer, its products and the subscription, and to modify the subscription at its discretion.
18.4 MTN reserves the right at any time to modify, suspend or discontinue the subscription or the al Offer, with notice, without liability to the qualifying customer or any third party. MTN will under no circumstance be liable to the qualifying customer for any error, delay, failure or non-availability of the subscription and the qualifying customer indemnify MTN against any damage or loss the qualifying customer 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 thereof visit www.mtn.co.za regularly for notice, updates and/or changes to the subscription.
18.5 MTN reserves the right from time to time to vary the charges of the subscription as may be deemed necessary in its discretion. See www.mtn.co.za for the al Offer 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.
20.1. In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (RICA), the qualifying customer is obliged to provide proof of their full names, surname, Identity Document number or passport number, and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate the qualifying customer as a customer on the MTN network.
20.2. MTN is obliged by law not to activate the qualifying customer’s SIM card on the MTN network if the qualifying customer has not complied with the RICA registration requirements.
20.3. By law, if a SIM card is lost, stolen or damaged, the qualifying customer is required to immediately notify the South African Police Services in writing. The qualifying customer will also have to immediately notify MTN and request the SIM card to be suspended.
20.4. If the qualifying customer wish to transfer/sell their SIM card to another person (other than a family member), the qualifying customer is required to contact their Service Provider to report such a transfer to MTN, and MTN is required by law to deactivate the SIM card. Before the new holder of the SIM card can use the SIM card, they must provide proof of their full names, surname, Identity Document number and residential address to an approved MTN RICA officer to register them as a customer on the MTN network. Once they have complied with RICA, and the RICA information is received by MTN, MTN will reactivate the SIM card.
20.5. If the qualifying customer change ownership to a third party, the Offer is not transferable. Failure by any person holding/using a SIM card to comply with RICA is an offence contact the qualifying customers service provider or see www.mtn.co.za for details.
20.1 In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (RICA), the qualifying customer is obliged to provide proof of their full names, surname, Identity Document number or passport number, and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate the qualifying customer as a customer on the MTN network.
20.2 MTN is obliged by law not to activate the qualifying customer’s SIM card on the MTN network if the qualifying customer has not complied with the RICA registration requirements.
20.3 By law, if a SIM card is lost, stolen or damaged, the qualifying customer is required to immediately notify the South African Police Services in writing. The qualifying customer will also have to immediately notify MTN and request the SIM card to be suspended.
20.4 If the qualifying customer wish to transfer/sell their SIM card to another person (other than a family member), the qualifying customer is required to contact their Service Provider to report such a transfer to MTN, and MTN is required by law to deactivate the SIM card. Before the new holder of the SIM card can use the SIM card, they must provide proof of their full names, surname, Identity Document number and residential address to an approved MTN RICA officer to register them as a customer on the MTN network. Once they have complied with RICA, and the RICA information is received by MTN, MTN will reactivate the SIM card.
20.5 If the qualifying customer change ownership to a third party, the Offer is not transferable. Failure by any person holding/using a SIM card to comply with RICA is an offence contact the qualifying customers service provider or see www.mtn.co.za for details.
21.1. MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services or the Offer.
21.2. The qualifying customer will be solely responsible for all products and services contained in the Offer from delivery of the Offer to the qualifying customer. Accordingly, MTN takes no responsibility for any loss or damage of any of the contents of this Offer 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 the qualifying customers device and/or SIM card, such items must be replaced at the qualifying customer own cost; the qualifying customers are obliged to report such loss or theft to the South African Police Services immediately, and to request MTN to suspend such SIM Card.
21.3. All qualifying Customer’s 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 in connection with their participation in any way whatsoever in the Promotional Offer.
Consumer Protection Law Notices
You are directly affected by some of the clauses because they -
• limit or exclude our risk or liability,
• limit or exclude your rights and remedies against us,
• make you take on risk or liability, or
• make you acknowledge and voluntarily agree with certain statements.
Please pay special attention to all the clauses, as you will forfeit claims against us and other parties for certain losses, liabilities or damage. We may also have claims against you and hold you responsible to repay us further amounts, including costs or damages that we may have to pay. You must voluntarily confirm and agree with the statements in all the applicable clauses.
In addition to this document, there are other specific terms and documents that apply to the services you may access under the contract, such as the terms and conditions for specific promotions and package options. You need to sign the attached application form and voluntarily agree to all the terms in all the documents that apply to both of us (including product terms, conditions, the terms of which are incorporated into these terms). There will only be a binding contract after we activate your SIM card. These terms must be preferred if there is any conflict in any of the contract documents. You can get copies of all contract documents from any MTN store, or online at www.mtn.co.za. Keep all documents we hand you when we deliver your mobile device and your MTN Invoice. Produce them when questioning anything relating to your contract or what we provide to you. In the contract, MTN or ‘we’ or ‘us’ or ‘our’ means Mobile Telephone Networks (Pty) Ltd (1993/001436/07).
Your application will be regarded as accepted when we activate your SIM card. This will allow you to use the MTN network services. We will be responsible for delays or cancellation (unless due to any cause beyond our control). We will regard your SIM card as activated at our premises and connection charges may apply to activations. The initial contract period will be in the application form (usually 24-months unless otherwise specified) starting when the SIM card is activated. Unless we provide otherwise, your contract will continue month-to-month when the initial contract period ends.
You voluntarily consent to us using a third party (like a credit bureau) to record, assess your credit-worthiness, or monitor your payments to us.
You voluntarily agree to comply with all applicable laws, including Regulation of Interception of Communications and Provision of Communication-related Information Act, 2008 (RICA). You are legally required to verify your identity in a face-to-face process when registering a SIM card with us. Please produce your:
• original identity document, passport or refugee document; and
• proof of residential address.
If you transfer your SIM card to anyone other than a family member, both of you must visit our RICA officer to change ownership. The other person must also produce an identity document and proof of residence.
All risk for loss, use, damage or theft of a SIM card or mobile device passes on delivery of them to you (or to any person chosen by you to accept them for you).
If a SIM card is lost or stolen, you must request us to suspend it. We will blacklist the device and provide you with an ITC reference number. You are then legally required to report the crime to the South African Police Services and give them the ITC reference number. You remain liable for all costs and charges until we received your request to suspend your SIM card. You are responsible for insuring your mobile device against any loss, theft or damage. If your mobile device is lost, stolen or damages, you still have to pay for the rest of the contract.
We own the mobile device until you have paid the full value of the device over the initial term of your contract. Your monthly subscription may include such payment.
Although you do not own the mobile number nor the SIM card, you may retain the mobile number if you port to another network or service provider. You must:
• only use our services for lawful purposes;
• only use mobile devices approved by ICASA or any other relevant authorities together with the SIM card on the network;
• not use our SIM card, mobile devices or services for any unlawful money-making scheme or unlawful or illegal activities;
• not reverse engineer, decompile, modify or tamper with any software on any SIM card or mobile device and prevent anyone else from doing so.
At least five business days before you leave your country of residence you must ask us to permit you to use your SIM card for our services while out of the country. You may be required to pay us a security deposit before we activate your SIM card for roaming services.
When you apply, we will provide a copy of the specific terms relating to international roaming. The terms are also available in store and on our website. Please visit these pages before you travel and read all the relevant information.
International roaming is expensive. Before you leave, check our website for details on charges for international roaming. We also strongly advise that you check your user manual for your mobile device and learn how to disable voice, SMS, data, application or email settings on your mobile device.
You voluntarily confirm that the package option or price-plan has been explained to you and that you understand and voluntarily agree to it. You voluntarily agree to accept the charges included with each package option or price-plan (either with or without a mobile device).
You must pay all the applicable charges due to us at the rates detailed on our website, your package option or price-plan terms.
After any promotion ends, charges will revert to the standard charges.
By notifying you in advance, we may amend charges from time to time and if you do not accept them, you may end the contract by notifying us, subject to clause 22.
You will have to pay charges for additional use if you exceed the number of voice minutes, SMSs or data included in your package option or price-plan.
The SuperFlex contract continues on a month-to-month basis, and you may schedule a cancellation at any point in the month, to be effective at the next anniversary date, with no cancellation charges.
If we fail to remedy any alleged breach of contract, you may end the contract, but only after you:
remedy the breach within 20 business days.
By notifying you in advance, we may change, withdraw, amend or substitute:
If you breach the terms of use for the SuperFlex contract and are migrated to prepaid as a result, you will not be eligible for a refund and will forfeit any data value which may have remained.
Without limiting any of our other rights, we may end the contract with or without notice to you if:
• You fail to pay your recurring monthly subsription on its due date; or
• Any SIM card or mobile device is used for any unlawful or illegal activity; or
• You re-originate/refile incoming calls or modify/tamper with caller line identity
• Any SIM card, mobile device or services are abused by excessive or abnormal use that place an acceptable strain on our services; or
• You contravene the acceptable usage policy; or
• You contravene any applicable laws or binding rules, codes or standards (especially electronic communications regulations); or
• You use automated means to make or receive calls, texts or send data (including via a GSM Gateway); or
• You re-sell any of our services without our express written consent; or
• You are deprived of legal capacity, including, provisional or final sequestration or liquidation or business rescue; or
• Our license, authorising and empowering us to provide you with access to our services, is withdrawn or cancelled; or
• You fail to remedy any material breach of contract within a reasonable time after we notify you of your breach.
We cannot accept liability for any breach or failure to comply with any obligations arising from any cause beyond our control, including:
• network maintenance;
• technical network problems;
• cancellation of operating licences;
• acts beyond human control, such as natural disasters;
• governmental acts or omissions, such as controls, restrictions and prohibitions whether local or national;
• fraud perpetrated by independent third parties;
• scams, phishing, spamming or any other related unlawful activities by third parties;
• third party defaults, such as by suppliers, agents or sub-contractors; and
• coercive collective action, such as strikes, lockouts and protests.
Subject to a fixed limit, we accept liability for loss or damages suffered by you, which are caused by us and we are responsible for in law, unless:
• our services are interrupted, suspended or cancelled through no neglect or failure to act by us (or any of our employees or agents); or
• we are legally allowed to suspend your access to, or use of, our services; or
• it results from using any mobile device we supply to you relating to the contract (including the use
• it results from any fraudulent activity, including online banking, cell phone banking, application and/web- based banking, SIM cards or number portability; or
• it results from any act or omission beyond our control or that of our employees or agents.
We do not accept liability for loss or damage if:
• we don’t suspend your services if you exceed the credit limit; or
• we fail to supply or deliver any mobile device or SIM card on the required date or time.
Our cumulative maximum liability for all claims, actions, demands and proceedings, irrespective of cause is limited to the monthly subscription you actually pay us in terms of the contract.
Where you must give us notice, it must be in writing, but not by SMS or telefax unless otherwise stated. You must give it at least 20 business days before or after a certain event.
Where we must give you notice it may be in any form of writing (including SMS and email). We must give it at least 20 business days before or within 20 business days after a certain event. We may only reduce or extend the period when absolutely and legally necessary to do so.
Where applicable we may sign the notice electronically.
Either of us may change our physical addresses to any other physical address in South Africa by notifying the other. All legal documents will be delivered to those addresses.
We respect your privacy, and you voluntarily agree to abide by our privacy policy, which can be viewed at www.mtn.co.za.
You voluntarily confirm having read and understood the terms and documents forming part of the binding contract and voluntarily agree to be bound by them.