MTN Prestige Plus Package Terms and Conditions (“Terms and Conditions”)
NOTICE: PLEASE NOTE THAT THESE TERMS AND CONDITIONS HAVE BEEN AMENDED.
AS OF 28 AUGUST 2014, A NEW CLAUSE 9.1 HAS BEEN INCORPORATED; AND
THE PROVISIONS OF CLAUSES 9.2.3 AND 9.3.3 HAVE BEEN AMENDED.
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, Registration Number 1993/001436/07 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies 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. Participation in this offering 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 in this offering.
D. Please note that these Terms and Conditions are subject to your MTN Subscriber Contract Terms and Conditions.
SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE:
Clauses: 2.2, 3, 4.1, 5, 5.6, 6, 8, 10, 15 and 16.
1. The MTN Prestige Plus Package
MTN introduces a new contract price plan, the MTN Prestige Plus Package, as detailed in these Terms and Conditions. Customers subscribed to the MTN Prestige Plus Package shall also benefit from lifestyle features, detailed in these Terms and Conditions.
2. Offer Period
2.1 The MTN Prestige Plus Package will be available from 01 December 2013, until such time as advised by MTN (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 period, or withdraw the Packages in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.
3. Who is Eligible
3.1 The MTN Prestige Plus Package is available to the following customers:
3.1.1 new customers subscribing to the MTN Prestige Plus Package;
3.1.2 existing MTN customers who are eligible for an upgrade and perform an upgrade to the MTN Prestige Plus Package; and
3.1.3 existing MTN customers migrating into the MTN Prestige Plus Package,
3.2. The MTN Prestige Plus Package is intended for consumer use only. This means that the MTN Prestige Plus Package may not be used for commercial use (which includes, but is not limited to the intention of promoting, enabling, subscribing to, selling (directly or indirectly) the goods, services or image of any person pursuing a commercial, industrial, craft, religious, charitable or political activity or exercising a regulated profession).
3.3. The MTN Prestige Plus Package excludes use of the following services:
3.3.1. Least Call Routing (LCR);
3.3.2. Routing devices;
3.3.3. Bulk messaging services;
3.3.5. Commercial use; and/or
3.3.6. SPAM, Scam and/or Phishing SMSs.
4. The MTN Prestige Plus Package
4.1 The MTN Prestige Plus Package is, at all times, subject to the terms and conditions of the MTN Subscriber Contract Terms and Conditions, as well as these Terms and Conditions.
4.2 The MTN Prestige Plus Package is available on 6 (six), 12 (twelve), 18 (eighteen) or 24 (twenty four) month contracts.
4.3 The MTN Prestige Plus Package includes:
2 500 Anytime minutes
2 000 Anytime SMSs
4.4 The MTN Prestige Plus Package also offers the following value added services/lifestyle benefits to customers subscribed to this package:
4.4.1 The Smartphone Plus benefit;
4.4.2 The Airport Lounge Access benefit; and
4.4.3 Access to the MTN LTE Network, dependent on handset-capability, LTE-enabled SIM card and availability of LTE in the area of use.
5. Rules of the MTN Prestige Plus Package
Further to the MTN Subscriber Contract Terms and Conditions, the following specific terms and conditions will apply to the MTN Prestige Plus Packages:
5.1.1 Customers shall receive 2500 (two thousand five hundred) Anytime minutes, per month.
5.1.2 The Anytime minutes may be used for local calls only.
5.1.3 Upon depletion of the Anytime minutes, customers will be billed at the applicable out-of-bundle rate, per second, which may be found on www.mtn.co.za or ask in-store.
5.2.1 Customers shall receive 2000 (two thousand) Anytime SMSs.
5.2.2 The Anytime SMSs may be used for local SMSs only.
5.2.3 Upon depletion of the Anytime SMSs, customers will be billed at the applicable out-of-bundle rate, per SMS, which may be found on www.mtn.co.za or ask in-store.
5.2.4 Customers may load 1 (one) additional recurring SMS bundle to their package.
5.2.5 Customers may also load multiple once-off SMS bundles to their package.
5.3 Data/Internet Bundle
5.3.1 Customers shall receive a 2GB (two gigabyte) Internet bundle.
5.3.2 Upon depletion of the inclusive 2GB Internet bundle, customers will be billed at the applicable out-of-bundle rate, per megabyte, which may be found on www.mtn.co.za or ask in-store.
5.3.3 Customers may load 1 (one) additional recurring Internet bundle to their package.
5.3.4 Customers may also load multiple once-off Internet bundles to their package.
5.4 General Rules applicable to the MTN Prestige Plus Packages
5.4.1 Airtime recharges may not be made on the MTN Prestige Plus Packages.
5.4.2 In the event that a customer activates their subscription or migrates or upgrades to the package between a bill cycle, the subscription fee as well as the inclusive voice, SMS bundle and Internet bundle value will be pro-rated in the first month of subscription.
5.4.3 The following voice, SMS and Internet transactions will not be charged against the customer’s inclusive Anytime Minutes, Anytime SMSs or inclusive Internet bundle, but will be charged at the applicable standard rate:
18.104.22.168 International Calling;
22.214.171.124 International SMSs;
126.96.36.199 International MMSs;
188.8.131.52 Premium rated voice and SMS transactions;
184.108.40.206 Roaming voice transactions;
220.127.116.11 Roaming SMS transactions;
18.104.22.168 Roaming Internet transactions;
22.214.171.124 Video calling;
126.96.36.199 Content purchases;
188.8.131.52 WASP services; and
184.108.40.206 MTN Loaded transactions.
5.4.4 Video calling shall not deplete the inclusive voice Anytime minutes and will be charged at the applicable out-of-bundle rate.
5.4.5 Premium-rated transactions are not charged from the customer’s inclusive Anytime Minutes or Anytime SMSs. Premium-rated transactions are charged against the customer’s Rand value carry-over wallet (if available). Alternatively such transactions are billed at the applicable out-of-bundle rate, which may be found on www.mtn.co.za.
5.4.6 Inclusive minutes, SMS and Internet value cannot be transferred via MTN Me2U.
5.5 Dual call functionality shall be available on the MTN Prestige Plus Package. Customers applying for dual call functionality shall be liable for the cost of the additional SIM card in this regard.
5.6 Enhanced Voice Mail Plus shall be available on the MTN Prestige Plus Package, at no subscription cost to the customer.
5.7 Customers may view their remaining balance by dialing *141*1#.
6. Carry-over Rules of the Inclusive Voice, SMS and Internet value of the MTN Prestige Plus Package
Any unused Anytime minutes shall be carried over for up to 60 (sixty) days (that is, the current bill cycle plus the next bill cycle), whereafter, unused Anytime minutes will be forfeited.
6.2.1 Any unused Anytime SMSs shall be forfeited monthly, at the end of the customer’s bill run.
6.2.2 Unused recurring SMS bundles carry-over 2x (two times) the SMS bundle value.
6.2.3 Unused once-off SMS bundles carry-over for 60 (sixty) days.
6.3 Data/Internet bundles:
6.3.1 Any unused inclusive Internet bundle value shall be forfeited monthly, at the end of the customer’s bill run.
6.3.2 Unused recurring Internet bundles carry-over 2x (two times) the Internet bundle value.
6.3.3 Unused once-off Internet bundles carry-over for 60 (sixty) days.
7. Migration into the MTN Prestige Plus Package
7.1 Rand Value: Customers migrating into the MTN Prestige Plus Package shall carry-over all unused Rand value remaining from the package/price plan they migrate from. The Rand value carried over into the MTN Prestige Plus Package shall expire after 60 (sixty) days.
7.2 Minutes: Customers migrating into the MTN Prestige Plus Package shall carry-over all unused minutes remaining from the package/price plan they migrate from. The minutes carried over into the MTN Prestige Plus Package shall be carried-over for up to 60 (sixty) days (that is, the current bill cycle plus the next bill cycle).
7.3 MTN PayAsYouGo: Customers migrating from an MTN PayAsYouGo price plan into the MTN Prestige Plus Package shall forfeit any unused value on their MTN PayAsYouGo price plan (airtime, SMS bundles and Internet bundles).
8. International Calling
8.1 MTN’s international calling service is available as a default on the MTN Prestige Plus Package. This means that customers will automatically be able to make calls to international destinations, however, the customer may choose to deactivate the service via their Service Provider.
8.2 MTN international calling rates apply when customers utilize the International calling service.
8.3 MTN’s international calling rates are available on the MTN website at www.mtn.co.za or customers may dial *111# from a cellphone with an MTN SIM card for more information. These rates shall apply when the international calling service is used, unless such rates are superseded by any promotions, alternate pricing plan and/or special offers.
8.4 Should customers no longer require or wish to utilize the international calling service, they must contact MTN to terminate the international calling service. The international calling service is not automatically deactivated.
9. MTN Prestige Plus Package value added services/lifestyle benefits
9.1 PLEASE NOTE AMENDMENTS TO THE MTN PRESTIGE PLUS PACKAGE LIFESTYLE BENEFITS:
9.1.1 New Customers subscribing to the MTN Prestige Plus Package on or after 01 September 2014 will not receive the benefits referred to in clauses 9.2 and 9.3 below; and
9.1.2 Existing MTN Prestige Plus Package Customers (who have subscribed to the MTN Prestige Plus Package before 01 September 2014), shall continue to receive the benefits referred to in clauses 9.2 and 9.3 below, until (whichever occurs sooner):
220.127.116.11 the end of their contract period referred to in clause 4.2 above; or
18.104.22.168 the Customer upgrades their MTN Prestige Plus Package before the end of their contract period referred to in clause 4.2 above; or
22.214.171.124 the Customer migrates their MTN Prestige Plus Package to any other MTN price plan/package, before the end of their contract period referred to in clause 4.2 above.
9.2 Smartphone Plus:
9.2.1 The Smartphone Plus benefit available to MTN Prestige Plus Package customers allows customers to contact the MTN Smartphone Plus Call Centre when their smartphone requires any repairs. The customer’s smartphone will be collected and a loan phone, as close to the model of the faulty phone as possible, will provided to them. Once the customer’s smartphone has been repaired it will be delivered to the customer directly.
9.2.2 The MTN Prestige Plus Package customer is allowed up to 3 (three) collections and repairs per year. Please note that only smartphones that have been issued or packaged with the MTN Prestige Plus Package qualify for this benefit.
9.2.3 Customers may dial 083 123 6084 to notify the MTN Smartphone Plus Call Centre of their faulty smartphone.
9.3 Airport Lounge Access:
9.3.1 The Airport Lounge Access benefit offers customers 4 (four) local and 4 (four international) Bidvest terminal airport lounge access visits per year.
9.3.2 Dependent on the airport lounge facilities, customers may have access to:
126.96.36.199 Free Wi-Fi;
188.8.131.52 Daily complementary newspapers;
184.108.40.206 Complimentary snack menus and beverages; and
220.127.116.11 Smoking rooms.
9.3.3 Customers may dial 808, from their MTN number, to inform the call centre agent which lounge they would like access to. The customer shall receive an SMS voucher, which must be presented at the Bidvest Premier Lounge reception desk to gain access to the airport lounge.
10. Cancellation of the MTN Prestige Plus Package
10.1 Customers may cancel their MTN Prestige Plus Package by contacting their Service Providers’ call centres (MTN, Nashua and Altech Autopage).
10.2 Customers are bound to the cancellation provisions contained in their MTN Subscriber Contract Terms and Conditions, which includes, but is not limited to, the liability of cancellation charges.
10.3 Upon cancellation of the MTN Prestige Plus Package, customers will no longer have access to the Smartphone Plus service/benefits or Airport Lounge Access service/benefits.
11. MTN 1-4-1 Loyalty Points
Customers registered to the MTN 1-4-1 Loyalty Points programme will be able to earn loyalty points for out-of-bundle usage in accordance with existing loyalty rules. That is, 1 (one) point for every R1.00 (one Rand) spent.
12.1 In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate you as a customer on the MTN network.
12.2 MTN is obliged by law not to activate your SIM card on the MTN network if you have not complied with the RICA registration requirements.
12.3 By law, if a SIM card is lost, stolen or damaged, you are required to immediately notify the South African Police Services in writing. You will also have to immediately notify MTN and request the SIM card to be suspended.
12.4 If you wish to transfer/sell your SIM card to another person (other than a family member), you are required to contact your 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.
12.5 If you change ownership to a third party, the promotion is not transferable.
12.6 Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider or see www.mtn.co.za for details.
13. Mobile Number Portability (“MNP”)
This gives you the ability to move to another mobile network and still retain your cellphone number. A Caller Line Identity (“CLI”) validation will need to be done to ensure that the number being ported is in the customer’s possession. You will lose any unused airtime and Internet bundle or promotional credits, and your voicemail messages when you port. MNP regulations and terms and conditions apply. See www.mtn.co.za for further information.
14.1 If you wish to go out of the Republic of South Africa and use the any voice, SMS, MMS, Internet or conduct any transaction, using your MTN SIM card, you will be billed according to MTN’s roaming rates and roamed usage will not be billed against the inclusive value received on the MTN Prestige Plus Package.
14.2 The tariffs and guide on how to manage your usage while roaming (outside of the Republic of South Africa) can be found on www.mtn.co.za.
15. Modification of Terms and Conditions
15.1 MTN reserves the right, at any time, to change these Terms and Conditions and any rules relating to its promotions, its products and services and to modify its products and services at its discretion, with notice to you.
15.2 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.
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 As changes will be posted on www.mtn.co.za, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.
16.1 MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.
16.2 You will be able to access services only when you are in the Republic of South Africa in an area covered by the MTN network in the Republic of South Africa.
16.3 You will be solely responsible for all products and services contained in the MTN Prestige Plus Package from delivery of the MTN Prestige Plus Package to you. Accordingly, MTN takes no responsibility for any loss or damage of any of the contents of the MTN Prestige Plus Package, including the SIM card, where applicable. 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.
16.4 Customers may contact the MTN call centre on 808 (or 083 1 808 from a non-MTN number) should they have any queries relating to the MTN Prestige Plus Package.