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Index (Topics we cover in the terms)

These Terms and Conditions
By making use of the Network Services you agree to all of the Clause Topics
terms and conditions in all of the documents that apply
between MTN ('we' or 'us') and you (together called the
1. Meaning of words and rules about interpretation
'Contract'). 2. Orders and credit checks
3. Contract term
4. Network services and service bundles
The documents which form part of the Contract are: 5. Changing service bundle (Migration)
• The Application Form; 6. List of charges
7. Network service charges
• These standard MTN Terms and Conditions; 8. Payment terms
• The Package Option Terms or Price Plan Terms (depending 9. Risk and ownership
on which one you choose); 10. Suspension and deactivation
11. Using the network services and mobile device
• The VAS Application Form; 12. Using your SIM card outside South Africa
• The VAS Terms; 13. Loss, theft, damage and defects
14. SIM swops
• Your CPD (Customer Pick-up Document); 15. Insurance
• The International Roaming and Calling Application Form 16. Changes we may make
(if you apply for Roaming or International Calling); 17. Transfer of rights and obligations
18. Cancelling the contract or network services
• The Migration Addendum (if you apply to migrate); and 19. Breach
20. Charges that apply when the contract ends
• MTN’s Privacy Policy.
21. Limits to our liability
22. Your personal information
23. Permission to market
You can get all of the Contract's documents from any MTN
24. Questions, disputes and sending notices
store or online at www.mtn.co.za (‘MTN website’). A copy of
25. General terms
all these terms can be provided to you at your request, by
26. RICA
email, hyperlink or in hard copy.
27. Interpreting these terms
The Contract (including all the terms and conditions in each Annexure A Meaning of words and phrases
separate contract document) make up a legal agreement
between you and us. Please read all the Contract documents
carefully and make sure you understand them.

When do these terms apply?

These terms will apply when you place an order to use the
Network, Mobile Device, SIM Card and Network Services and
agree to pay the charges which apply to them and when
your order and application is granted by MTN.

Important documents to keep

If you have a problem or a question, you will need to give us
Proof of Delivery ('POD') and your MTN Invoice ('Bill') so
please keep them in a safe place.

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 2

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 1. Meaning of Words and Rules about Interpretation Clause 2.5 is important. You will not be able to
This clause explains where to find the meaning of make any claim against us, because we gave or
words and phrases we use in the Terms and how to received information about you from a credit
read and apply the Terms. bureau or authorised agent.
1.1. Meaning of Words and Phrases in these Terms. You agree that we may use and disclose this
information about you.
• We have defined some words and phrases, which
means we give them specific meanings. Defined
words and phrases start with a capital letter and
3. Contract Term
will have the same meaning wherever they are
This clause explains when the Contract starts, where
used in the Terms. When we define a word or
it starts and how long the Contract will carry on for.
phrase in the Terms, we write it in bold and (for
example, 'Order' in clause 2.1 below). The only Activation - When we accept your Order and if you
3.1.
defined words that do not always have a capital comply with RICA (as set out in clause 28 'RICA') we
letter are 'you', 'we' and 'us'. will allow your SIM Card to operate on the Network
• A full list of defined words and phrases and their (this is called 'Activation').
meanings, is in Annexure A ('Meaning of words and
phrases'). 3.2. Connection Charge - We may ask you to pay a
Connection Charge for Activation. (Please see
1.2. Rules about how to read and apply (interpret) these clause 6, 'List of Charges', for a list of all of the
Terms. Charges that apply to the Contract.)
See clause 27 (‘interpreting these Terms') for rules on
interpreting the Contract. 3.3. The Contract starts on Activation
On the date of activation:
2. Orders and Credit Checks
• The Contract starts ('Start Date' of the Contract);
This clause sets out how to Order a Mobile, Device,
and
SIM Card and access to the Network Services. It also
sets out our rights to check your credit record before • You are responsible from that date for all the
we accept your Order. Charges for the Network Services and other
related amounts.
2.1. Placing your Order. Before you can receive a Mobile
Device, SIM Card or access to the Network Services, • Place of Activation. We regard Activation and
you must fill in and sign an Application Form (this the start of the Contract as being at our
application is called your 'Order'). Premises.

2.2. Orders with our agents. Placing an Order is an offer 3.4. Contract Term - The Contract starts on the Start
you make to us, even if you place an Order with our Date and carries on for the set out in your
agents or other parties who act for us. Application Form ('Minimum Term'), unless you or
we cancel it the day you or MTN cancel the Contract
2.3. Credit Check is called the 'Cancellation Date').
After you place your order, we may:
3.5. Contract Renewal Term - The 'Contract Renewal
• Ask other parties (like a credit bureau or an Term' is the term that applies after the Minimum
authorised agent) to give us information about Term ends and where the Contract carries on a
your credit worthiness (your ability to pay us); Month-to-Month basis until you exercise the option
• Accept or reject your Order based on information to renew or cancel the contract. Please see clause
we receive from the other parties; and 4.8 below for more information.
• Give other parties information about you to
3.6. Information we must give you before the end of the
monitor or record details of how you pay us.
Minimum Term - The Consumer Protection Act 68 of
2008 of South Africa ('CPA') requires us to send you
2.4. Accepting your Order
a notice with certain information before the
After we receive your Order we will either accept or
Minimum Term ends. MTN will provide you with the
reject it based on the credit check above. We will
following information:
inform you if we reject your Order and if you ask us,
we will also tell you why. • When (on which date) the Minimum Term ends;
• Important changes we will make to the Terms
2.5. Giving up your right to claim during the Contract and/or Contract Renewal
As far as the law allows, you agree to give up ('waive') Term or if you decide to renew the Contract; and
any claims you may have against us, because we give • How you can end the Contract.
out your information to third parties for doing credit
3.7. What happens if you do not cancel the Contract?
checks.
You can cancel the Contract at any time provided that
you give us 20 Business Days written notice. If you do
not cancel the Contract:

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 • The Contract will carry on from Month-to-Month • 'Package Option' - when you choose a package
after the Minimum Term(Contract Renewal Term containing various Network Services and a
explained above under clause 3.5); Mobile device; or
• Promotional or discounted Charges that applied • 'Price Plan' - if you choose a package containing
during the Minimum Term will no longer apply and various Network Services, but no Mobile Device.
you will be charged the full Charges applicable to (In these Terms, both Package Options and Price
the relevant Package Option or Price Plan. Plans are referred to as 'Service Bundles'.)
• However You may either:
4.5. What are included in Service Bundles?
o Cancel the Contract at the end of any Month
The various Service Bundles are set out on the MTN
during the Contract Renewal Term (on 20
Website. Depending on which Service Bundle you
Business Days written notice to us); or
choose, it may give you access to:
o Place a new Order with us to enter into a new
Contract for another term. • Different Network Services;
• A different amount of the Network Services;
4. Network Services and Service Bundles
We offer a number of services under the Contract • A Mobile Device (which is sold as part of a
called Network Services. This clause sets out the Package Option);
important information about our Network Services.
• Value Added Services; or
4.1. What forms part of our Network Services - Network • Included (free) minutes, Data and messages
Services include wireless telephone services, Value (SMS).
Added Services, Data Services, International Roaming
and International Calling and other wireless and 4.6. Which Service Bundles include Data Services?
network services ('Network Services'). Any Service Bundle which includes or allows you
access to the following services, uses a Data Service:
4.2. Value Added Services. 'Value Added Services' or 'VAS'
• Sending or receiving an MMS (Multi-Media
are the value added services we include as part of
Services Message);
your Service Bundle (explained below under clause
4.4, 'Service Bundles') or those you choose in a • Internet access through GPRS (General Packet
separate VAS Application Form. Value Added Services Radio Services);
do not include premium rated services which we or
other service providers may give you access to • EDGE (Enhanced Data rates for GSM Evolution);
('Premium Rated Services'). Examples of Value Added or;
Services are: • UMTS (Universal Mobile Telecommunications
• Dual Call System).

• International Roaming 4.7. Rules for each Service Bundle

• CLI − Caller line identity You can find the rules applicable to your specific
• Fax mail Service Bundle in the 'Package Option Terms' or
'Price Plan Terms' (depending on the option you
• BIS − blackberry internet services
choose) on the MTN Website. If you ask us, we will
give you a copy of these terms. They include rules
4.3. Data Services and information on:
Data Services are services which you use to send and
receive Data. • What happens if you do not use all your included
minutes, messages or Data in a Month;
• Data is made up of units called bytes and includes
any information that you send or receive over the • When included minutes, messages or Data expire
internet or a communications network, which is or can no longer be used;
not done by SMS or voice ('Data'). For example if • How many included minutes, messages or Data
you use BBM or Whatsapp. you will get if the Start Date is not at the
beginning of a Month;
• When you send or receive any Data (including
images) over the internet or a communications • What kinds of calls you can make using your
network that is not done by SMS or voice dialing, included minutes and if you can use them for
you use a 'Data Service'. Roaming and International Calling, calls from the
Network to other networks or Value Added
Services;
4.4. Service Bundles - When you place your Order you
can choose different packages containing a • What kinds of messages you can send with your
combination of Network Services or Mobile Devices. included messages;
You do this in your Application Form. Each package • If you can only use your included messages to send
has its own pricing. A package is either called: messages locally (in South Africa), when you are
outside South Africa or when Roaming;

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 • If you can use the Data locally, in other countries 6. List of Charges
or when Roaming; This clause contains a list of all the Charges that may
apply to the Contract. A list of Charges is available on
• If included minutes, messages or Data can only be the MTN Website and upon your request.
used or sent during certain times or on certain
days; and 6.1. Charges - We will charge you certain amounts
(together the 'Charges') for the Network Services,
• How we calculate (work out) how many minutes
Mobile Device (if applicable), SIM Card and self-
you have used for different types of calls;
service purchases including any Value Added
• Your Charge Limit; and Services. The Charges you must pay us, include:
• How you may buy more (add-on) bundles for
• SIM Card Charges (for example if you do a SIM
minutes, messages or Data through different self-
Swap as set out in clause 14.3, 'Rules and
service portals or on the MTN Website.
Charges for SIM Swaps');
4.8. Use of Network Services while Roaming - When you • A Connection Charge (see clause 3.2, 'Connection
use any of the above Network Services outside of Charge', for more information on this Charge);
South Africa, through Roaming, you also use a Data
• Monthly Service Charges (see clause 7.1, 'What
Service.
are Network Service Charges?', for more
information on this Charge);
4.9. Delivery - We will take reasonable steps to deliver
your Mobile Device, SIM Card and the Network • VAS Charges (see clause 7.1, 'What are Network
Services to you on time. But, as far as the law allows, Service Charges? 'for more information on this
we will not be responsible or Liable to you (or anyone Charge);
else) if supply or delivery is delayed or does not take • Subscription Fees (see clause 7.1, 'What are
place. Network Service Charges?' for more information
on this Charge);
Clause 4.9 is important. It limits our responsibility • Usage Charge (see clause 7.2, 'Monthly Service
and Liability to you and other people if we do not Charges will always apply', for more information
deliver your Mobile Device, SIM Card or the on this Charge);
Network Services on time or if we cancel. • Charges to do a SIM Swap (see clause 14.3, 'Rules
and Charges for SIM Swaps');and
5. Changing Service Bundle (Migration) • Any other Charges for the Network Services, SIM
Moving from one Service Bundle to another is called Cards, Mobile Device, Value Added Services or
'Migration'. any other services which are part of your Service
Bundle.
5.1. How to Migrate - You can change your Service Bundle
by filling in and signing an application to change your 6.2. Details of the Charges - Details of the Charges will be
Service Bundle ('Application to Migrate').The set out on the MTN Website, Package Option Terms
Application to Migrate is made up of: or Price Plan Terms. You can view these on the MTN
• the Migration Addendum; Website or get a copy from one of our outlets.

5.2. We may reject your Application to Migrate - We do 6.3. VAT - All the Charges exclude VAT (Value Added Tax)
not have to accept your Application to Migrate. If we and any other tax or duty, unless we specifically say
reject your Application to Migrate, this Contract will otherwise. You will still have to pay any VAT or other
carry on under the existing Terms. tax on top of the listed amounts.

5.3. When can you Migrate? You may only Migrate at the 6.4. Other Charges - You may also have to pay the
end of a Month during the Contract Renewal Term, following Charges:
unless we give you permission to do so earlier.
Depending on your Package Option you may have to • Cancellation Charges (see clause 20.1, 'Amounts
pay a Migration Fee. Your Package Option will also you have to pay us (including any charges due to
inform the migration rules regarding carry over or third parties for Value Added Services) at
forfeiture of unused airtime or data value. cancellation', for more information about this
Charge);
5.4. Migration and Upgrade Charges - When you Migrate,
we may charge you a Migration Fee and an Upgrade • Debit Order Return Fee (as set out in clause 8.3,
Fee. 'Charges for unsuccessful debit orders');
• A 'Migration Fee' / Upgrade Fee is the amount we • Lift Suspension Charge (as set out in clause 10.6,
charge you for changing your Service Bundle 'Charges during Suspension');
depending on whether you change to a lower
• Migration Fee or Upgrade fee, depending on
Service Option or Higher Service Option. This
whether you migrate to a lower Service Option or
amount is set out on the MTN Website or in the
Higher Service Option and
Package Option Terms or Price Plan Terms.

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 • Charges which apply to adding or deleting Network ask us to change it at any time, provided that you
Services on the MTN Website. can never exceed the Charge Limit that you qualify
for based on your credit vetting..
6.5. When do we charge you? We charge you for the
Monthly Service Charges every Month in advance. We 7.6. Our right to Suspend your access to the Network
charge all other Charges every Month in arrears. We Services
will send you a Bill with the details of the Charges If we see that you are going to go over your Charge
which you must pay. (You may also have to pay added Limit, we may, but do not have to, Suspend your
Charges in advance, when you use the MTN Website access to the Network Services. If you go over the
to add or delete adhoc (once off) and/or recurring Charge Limit before we Suspend your Network
Network Services on your Service Bundle.) For access, you will still have to pay for these extra
example adhoc or recurring data bundles. Charges. (See clause 10, 'Suspension and
Deactivation', for more information about
7. Network Service Charges Suspension). (Please see clause 6, 'List of Charges',
This clause sets out what amounts you must pay us to for a list of all of the Charges that apply to the
use the Network Services, our right to set Charge Contract).
Limits and when we may Suspend your access to the
Clause 8.3 is important. It gives MTN the right
Network if you go over the Charge Limits.
to process a non-authenticated debit order.
7.1. What are Network Service Charges? The amounts
you must pay us to use the Network Services are 8. Payment Terms
called 'Network Service Charges. Network Service This clause explains how, when and where you must
Charges are made up of: pay us amounts you owe us under the Contract.

• 'Monthly Service Charges' - these include: 8.1. Paying by Debit Order - We prefer you to pay us by
o the amounts we charge you each Month in debit order and we can require you to do so. Paying
advance to use the Network Services (also by debit order means you allow us to take money
called subscription fees); and directly out of your bank account each Month.
o the amounts you must pay us to use Value 8.2. Debit Order Dates - If a debit order date falls on a
Added Services or which we collect for other
weekend or a public holiday, we will take out the
service providers for Premium Rated
amount you owe us on the last Business Day before
Services('VAS Charges'); and
that date.
• 'Usage Charges' are the other amounts you must
pay to use the Network, including Charges for 8.3. Charges for Unsuccessful Debit Orders - If we
minutes, messages and Data which do not form cannot deduct money from your bank account, you
part of your Service Bundle. will have to pay us a 'Debit Order Return Fee' of
R11.40 (including VAT). MTN reserves the right to
7.2. Monthly Service Charges will always apply process your debit order via NAEDO (non-
You will always have to pay us the Monthly Service authenticated early debit order).
Charges (including VAT) during the Contract term. This
applies even if you have not used: 8.4. When and where to pay us - If we do not ask you to
pay by debit order you must pay us within 21 days of
• The Network Services in a specific Month, or if the date of your Bill at our Premises or into our Bank
• All of the Network Services or all of the minutes, account (our bank account details will be on your
messages or Data which are included in your Bill), provided the 21st day falls within the same
Service Bundle. month of the date of your Bill. If the 21st day falls in
the next month, the invoice is due by the last day of
7.3. Collecting VAS Charges for other providers - We the month. If you fail to pay the required amount
receive the fees for any Premium Rated Services you within the required time, this will be considered to
receive from other providers and will include them in be a breach of these terms and conditions and/or
your Bill. We will set out the details of all the VAS your Subscriber Agreement and we will be entitled
Charges (including for Premium Rated Services) on to suspend your access to the Network Services or to
your Bill. terminate this Agreement.

7.4. Usage Charges for minutes, messages and Data - We 8.5. You must ensure we get paid - If you pay us by debit
will only charge you Usage Charges for minutes, order, through any other third party (intermediary),
messages or Data which are not included as free or electronically like with an EFT (Electronic Fund
minutes, messages or Data in your Service Bundle. Transfer), your bankers or other intermediaries act
as your agents. You are responsible for the payment
7.5. Setting Charge Limits for Usage Charges - We may until we receive it at our Premises or in our bank
set limits on the amount that you spend on Usage account.
Charges in a Month based on the credit check we do
(this is called your 'Charge Limit'). We will tell you
what your Charge Limit is if you ask us and you may
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 Clause 8.5 is important. If the person who is and Mobile Device from the date we deliver them to
you or you collect them from us (including when
responsible to pay us (such as your bank or
someone accepts delivery or collects them for you).
intermediary), does not pay us, or we do not Legal limits to this clause. This clause limits and
receive the payment, you will be responsible and excludes our legal duties, responsibilities and Liability
Liable to pay us. You are also responsible and and places Liability and responsibility on you only as
Liable for the actions of any person that you use far as the law allows this.
to pay us. 9.5. Change of ownership - If you decide to give your SIM
card to somebody else (except for a family member)
8.6. Check your Bill - We will send you a Monthly both of you must approach an MTN RICA officer to
statement ('Bill') at the address you give in the initiate the change of ownership process.
Application Form. You must check that the Bill is
correct. As far as the law allows, we regard the Bill as The person to whom you wish to give / sell the SIM
correct, unless: card to must provide their identity book and proof of
residence to the MTN RICA officer in order to
• You inform us that the Bill is wrong within 30 days complete the change of ownership process.
(from the date on the Bill); and
Clause 9 is important. You are responsible or Liable if
• Give us proof that the Bill is wrong.
the SIM Card or Mobile Device has defects or is lost,
Clause 8.6 is important. If your Bill was wrong damaged or stolen after delivery or collection.
and you did not check it and tell us about the We will not be responsible or Liable for any damage
mistake within 30 days, we will treat it as correct.
You will be taking on risk and be responsible to or defects from the delivery or collection date (as far
pay amounts that may have been incorrectly as the law allows).
charged.
10. Suspension and Deactivation
8.7. Incorrect Bill - If we make a mistake on a Bill, we may
We have the right to Deactivate or Suspend your SIM
inform you of such a mistake and send you the correct
Card from operating on the Network. This clause
Bill later on. You will then be required to pay us any
explains when, how and why we may do this.
amounts on the correct Bill which are still outstanding.
We are not bound to the incorrect Bill.
10.1 What is the difference between Suspension and
Deactivation?
9. Risk and ownership
• 'Deactivation' means we take away your access
9.1. Who owns the Mobile Device? If we give you a Mobile to the Network Services through your SIM Card.
Device or you buy one from us as a part of the Package
Option chosen by you, we will own the Mobile Device • 'Suspension' means we stop you or limit you
until the end of the Minimum Term or until you have from accessing all or some of the Network
paid the full Purchase Price with any Cancellation Services through your SIM Card for a certain
Charges that may be due to us (whichever happens time, until we lift the Suspension.
first). If you cancel the Contract early (as set out in
clause 18.2, 'When can you cancel the Contract'), we 10.2 Reasons for Suspension. As far as the law allows, we
own the Mobile Device until you pay us the full may Suspend your access to the Network Services
Purchase Price and the full Cancellation Charges. completely or partly, if:
• We have to change, fix or do maintenance work
9.2. Ownership of the software - You do not own any on the Network or Network Services - we will
right, title or interest in or to the software in the SIM take reasonable steps to shorten the Suspension
Card or in the Mobile Device. and will aim to tell you upfront. We do not have
to tell you about a Suspension in case of an
9.3. Tampering with software - You cannot and you must emergency;
not allow any person to reverse engineer or decompile
• You Breach this Contract - we will write to you
(physically or electronically take apart to see how it
and tell you why we are Suspending your access
works), change or tamper with the software in, or
to the Network Services (as set out in clause 19.4,
relating to, any SIM Card or Mobile Device.
'Suspension for a Breach', below.);
9.4. You do not own your Mobile Number - You do not • You, at any time, exceed (go over) your Monthly
own any right, title or interest in or to the Mobile Charge Limit - as soon as you pay us to lessen the
Number that we allocate to you or to a SIM Card. (You amount of Usage Charges (so that it is less than
will still be able to use your Mobile Number if you the Charge Limit), we will lift the Suspension as
decide to Port). soon as reasonably possible; or

Risk and responsibility - You are responsible and • The law or ICASA requires us to suspend your
Liable for any loss, damage or theft of the SIM Card SIM Card.
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 suspend your SIM Card (completely or partly) or
10.3 Emergency calls - We will still allow you to make deactivate your SIM Card, for a Breach, we will still
emergency calls while your SIM Card is suspended. be allowed to end this Contract.

10.4 No obligation to Suspend - Unless the law requires it,

we do not have to suspend your access to the Network 11 Using the Network Services and Mobile Device
Services.
There are general rules and limits regarding how you
may use the Network Services and the Mobile Device
10.5 Part Suspension - If we only partly Suspend your
we give you. This clause explains what these general
access to the Network Services, we may afterwards
limits are.
decide to:
• Suspend your access to the Network Services 11.1 Proper use of the Network Service - You must not
further so that you have less access to the Network use or allow someone else to use the Network
or less of the Network Services; or Services:
• For anything improper, immoral or illegal; or
• Completely suspend your access to the Network
Services so that you have no access to the Network • In any way that may cause someone to get injured,
Services. cause damage to someone or their property or
cause damage to or interruption of the Network
10.6 Charges during Suspension - As far as the law allows, Services.
you must still pay us the Monthly Service Charges
while your SIM Card is Suspended, unless we agree in 11.2 Use of Approved Devices - You must only use the
writing not to charge you Mobile approved by ICASA ('Approved Device')
together with the SIM Card on the Network.
10.7 Reasons for Deactivation - As far as the law allows, we
may deactivate your SIM Card if you do not pay us the 11.3 Act reasonably and legally. You must act reasonably
full amount on your Bill on time. We will send you and must use an Approved Device, the Network
notice which tells you that the amounts have not been Services and the SIM Card in a way that complies
paid and will give you 20 Business Days to pay us, with all relevant legal requirements and directions
before we Deactivate your SIM Card. Cancellation that we give you.
Charges may apply to you if we deactivate your SIM.
12 Using your SIM Card outside South Africa
10.8 Reactivation - You will not be able to use your SIM We may allow you to use your SIM Card outside
Card on the Network again, unless you pay the South Africa. This clause explains some of the basic
Reactivation Charge and all amounts you owe us. rules for using your SIM Card outside South Africa.

10.9 Right to end this Contract - We may end the Contract 12.1 Services to use your SIM Card outside South Africa.
without limiting any of our other rights set out in this When we Activate your SIM Card, you will only be
Contract, if you have not paid us within 90 days after able to use it in South Africa. We may allow you to
we Deactivated your SIM Card. use your SIM Card outside South Africa, using our
International Calling and Roaming services:
10.10 You may lose your Mobile Number - Even if we
• 'International Calling' is the Network Service that
reactivate your SIM Card after a Deactivation, you may
allows you to make calls outside South Africa; and
lose your Mobile Number.
• 'International Roaming 'or 'Roaming' is the Network
10.11 Charges to reactivate your Network access. If you ask Service that allows you to use the Network Services
us to reverse a Suspension or Deactivation, we may on communications networks of other service
ask you to pay: providers in other countries when you are outside
South Africa.
• R75.00 to lift a Suspension ('Lift Suspension
Charge'); or
12.2 How to activate International Calling and Roaming.
• R95.00 to reconnect you to the Network after we When you want to use your SIM Card outside South
deactivated your SIM Card ('Reconnection Africa, you must request International Calling and
Charge'). Roaming access from MTN. When you request and
(Please see clause 6, 'List of Charges', for a list of all of activate the International Calling and Roaming
the Charges that apply to the Contract) services, you accept and agree to the terms and
conditions of use which can be found on our website
10.12 Ending the Contract because of a Breach. If we
(www.mtn.co.za) or can be provided to you if you
ask for it.
Clause10 is important. If you do the things
listed in this clause we may deactivate or 12.3 Five Business Days' notice before activation - You
Suspend your access to the Network Services must give us (at least) five Business Days' notice
or end this Contract. You may also lose your before you want us to activate International Calling or
Mobile Number and pay a Charge to have Roaming (we may ask you to give us the request in a
your SIM Card reconnected or Suspension. specific form).
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 12.4 We do not have to allow International Calling or • Returns and refunds - If the Mobile Device or SIM
Roaming - We may decide not to allow International Card is broken or defective (is not working
Calling or Roaming, but only if it is reasonable. properly), you may have the right return it to us for
repairs, to replace it or to give you a refund of the
12.5 Security deposit - We may also ask you to pay us a Purchase Price.
reasonable security deposit (even if we have not asked
you to pay a deposit in the past). • This will depend on the rules on returns and
refunds set out in the terms and conditions in the
12.6 Ending International Calling and Roaming - If you do CPD ('CPD Terms').
not write to us and ask us to terminate International • If there is any defect or problem with your SIM
Calling or Roaming, the International Calling or Card or Mobile Device, you must follow the
Roaming Network Services will stay active for which process in the CPD Terms.
you may incur charges this may also apply when you
upgrade, Migrate or renew this Contract. You must 13.3 SIM Swops - When your SIM Card is lost, stolen or
ensure that your written notice to us is actually defective you may also ask us to do a SIM Swop (as
received by us, failing which we will not be liable if explained in clause 14, 'SIM Swops').
International Calling and Roaming services are not
terminated in accordance with your request. 14 SIM Swops
This clause explains what a SIM Swop is and what
13 Loss, theft, damage and defects happens if you ask us to do a SIM Swop.
This clause explains what happens and what you must
do when your SIM Card or Mobile Device is lost, stolen 14.1 SIM Swops - A 'SIM Swop' is when you ask us to link
or is not working properly. your information to a new SIM Card if your SIM Card
is lost, stolen or is not working properly. (You can
Clause 13 is important. It asks you to do certain buy a SIM Card at any of our outlets.) We give you
things when your SIM Card or Mobile Device is lost step by step instructions on how to do a SIM Swop
or stolen. If you do not do these things you will not on the MTN Website.
be able to ask us to replace the lost or stolen
14.2 You keep your Mobile Number - When we do a SIM
Mobile Device or SIM Card.
Swop for you, we use the information on your old
13.1 Loss or theft - You must do two things immediately SIM Card so that your Mobile Number will stay the
when your Mobile Device or SIM Card is lost or stolen: same after the SIM Swop. You can then carry on
using the new SIM Card in the same way without
• You must (in terms of law) notify the South African having to lose your Mobile Number.
Police Service in writing by going to a police station
and filling out a police report; and 14.3 Rules and Charges for SIM Swops - We have certain
• You must notify us and ask us in writing to Suspend rules that apply to SIM Swops which you must
your SIM Card. follow. We may ask you to pay a reasonable Charge
for the SIM Swop and also for the new SIM Card (See
13.2 Charges when your Mobile Device or SIM Card is lost clause 6, 'List of Charges', for all the Charges that
or stolen - You will have to pay us for all costs and apply to the Contract). All the rules and Charges
Charges (including Usage Charges) on your SIM Card related to SIM Swops are available on the MTN
up until the time we receive your written request to Website.
Suspend the SIM Card. (See clause 6, 'List of Charges',
for more information on these and other Charges that 15 Insurance
apply to the Contract). This clause gives you more information about how to
insure your Mobile Device.

15.1 Insurance - We do not insure your Mobile Device

automatically. You must choose an insurance
Clause 13.2 is important. If your SIM Card is lost
provider and sign an insurance agreement to insure
or stolen and someone else uses it, you will still the cost of your Mobile Device or you must ask us to
have to pay for all Charges for this use until you insure it for you. (See clause 16.2 below for more
ask us to Suspend your Network access. information)

15.2 Insurance through MTN - If you choose to insure

your Mobile Device with us, you must complete and
sign a separate MTN Insurance Application Form. If
your insurance application is accepted by MTN, the
insurance terms do not form part of this Contract
and are a separate agreement.

Sensitivity: MTN Internal 9

 15.3 Information about MTN Insurance - You can find out such time periods as we may stipulate. Please see
more information about MTN Insurance on the MTN clauses 17.1 “What Changes are we allowed to make”;
Website, an MTN store or MTN Insurance at: and clause 17.2 “Short or no notice”.
Contact centre: 083 123 6084
Clause 16 is important. It allows us to make
Fax: 011 912 5122 certain changes.that affect our and your rights,
Email address: insurancequeries@mtn.co.za. responsibilities and Liabilities.

15.4 Cancelling your insurance - When you upgrade to a 17 Transfer of rights and obligations
new Service Bundle (which includes a new Mobile This clause explains what your and our rights are to
Device) the insurance cover on your previous Mobile transfer rights and obligations under this Contract.
Device will not be automatically cancelled or updated.
You must request MTN in writing and in accordance Note: Transfer of rights is known as cession and
with the terms of your Insurance policy to cancel or transfer of obligations (duties) is known as
update your insurance to cover your new Mobile delegation. In this clause transfer means the
Device. cession of rights and the delegation of
obligations.
Clause 15.4 is important. If you do not update or
No transfer without our permission - You may not
cancel your insurance when you Migrate or
give up or transfer any of your rights or obligations
Upgrade, your new Mobile Device which is a part in the Contract to any other person without first
of the Migration/Upgrade may not be covered getting our written permission. If you give up any of
under such insurance policy. your rights and/or obligations to any other person
without our written permission, you will still be
16 Changes we may make liable for all Charges in relation to your Subscriber
Agreement even if these Charges are incurred after
We have the right to change certain things in and you transferred your rights and obligations
related to the Contract. This clause explains what
these things are and what your rights are when we 17.1 We may transfer your contract without your
make a change. permission. As far as the law allows, you agree that
we may transfer all our rights and obligations under
16.1 What changes are we allowed to make? We may this Contract to anyone. This includes any entity that
make changes to the Contract, the Charges, the is seen in law as a separate legal person like a body
Network Services and the Charge Limits by giving corporate, a partnership, an association or a trust.
you(at least) 20 Business Days' notice in writing before
we make a change.
Clause 17 is important. Because of this clause we
16.2 Short or no notice - We may give you shorter notice or may transfer our rights and obligations under the
no notice, if it is reasonable or if we have to comply Contract without your permission (as far as the
with law or the requirements of ICASA. law allows this). You will not be able to transfer
any of your rights or obligations under these
16.3 Changes to Value Added Services - We may change, Terms without our permission.
withdraw (take away) or replace your Value Added
Services.

16.4 Changes to the Value Added Services and VAS

Charges - If we change, withdraw or take away any
Value Added Services as set out above, the following
will apply to the VAS Charges:
• If VAS Charge applied to any of the Value Added
Services we withdrew we will not charge you any
VAS Charge from the date we withdrew the Value
Added Service; and
• If any of the Value Added Services we withdrew
were included in your chosen Service Bundle, for
free, your monthly Subscription Charge will stay
the same.

16.5 Your right to terminate - We will never make changes

to any Package Options without giving you the right to
terminate the Contract upon 20 Business Days written
notice. Such rights to terminate will always be in
accordance with the provisions of the Consumer
Protection Act and you must ensure that comply with
Sensitivity: MTN Internal 10
 18 Cancelling the Contract or Network Services clause16, ('Changes we may make'). If we only receive
This clause sets out when you and we are allowed to your cancellation notice after the date the change
cancel the Contract or Network Services. took place (as set out in our change notice to you),
then that change will be valid until the Cancellation
In the following clauses we use some legal terms
Date.
you may not understand. We give a simple
explanation of these terms below:
Important: If you cancel the Contract, you will still
• Being 'Sequestrated' means being legally
be responsible to pay us certain Cancellation
declared bankrupt because you cannot pay your
debts. If you are a juristic person (like a Charges (as set out in clause 20, 'Charges that
company) this is referred to as being apply when the Contract ends'.
'Liquidated'.
18.4 When can we cancel the Contract? We may cancel
• If you are a juristic person and are in financial the Contract immediately if:
trouble, a court may place you under 'Judicial
Management'. The court then takes over your • We believe you are using or have used or accessed
affairs for a time. the Network Services for improper, immoral or
unlawful purposes or if you cause harm or
• 'Business Rescue' is a process that may take interruption to the Network;
place if you are a juristic person and are in
financial trouble. • You are Sequestrated, Liquidated, placed under
Judicial Management or Business Rescue,
• 'Breach' (breaking the contract) is when you or (provisionally or finally, and voluntarily or
we do something that is not allowed under the compulsory); or
Contract, or do not fulfil our duties under the
Contract or do something that is listed in the • The sub-license the Operator gave us which
Contract as being a breach. authorises and allows us to give you access to the
Network Services is cancelled.
18.1 Your right to cancel - You may cancel the Contract at
any time by giving us 20 Business Days' notice in Note: In this clause, where we ask you to give us
writing (or other form you can keep a record of, written notice or to write to us, this does not
except an SMS). Certain changes we wish to make to include you sending us an SMS.
the Contract, Charges or Charge Limits will also give
you the right to cancel the Contract or Network 19 Breach
Services as set out below under clause 16('Changes This clause explains what happens if you or we do
that give you a specific right to cancel'). not follow the terms and rules in the Contract
(Breach the Contract).
18.2 When can you cancel the Contract? You may cancel
the Contract: 19.1 What is a Breach? A 'Breach' (breaking the Contract)
is when you or we
• At the end of the Minimum Term by giving us a
19.1.1 do something that is not allowed under these
written cancellation notice before the Minimum
Terms,
Term ends;
19.1.2 do not fulfil our duties as set out in the Contract
• At the end of the Month during the Contract or
Renewal Term, by giving us a written cancellation 19.1.3 do something that is listed in clause 19.2
notice 20 Business Days before the end of the ('Deemed Breach').
relevant Month;
19.2 Deemed Breach. You will also be Breaching the
• When you want to move to another service Contract if you do not give us all the documents we
provider ('Port') by giving us 20 Business Days need as set out in the Application Form or pay us any
before you want to Port. For Porting we must
amount you owe us on time. If we ask you to pay us
receive notice between 9am and 5pm from by debit order, you also Breach this Contract if you:
Monday to Friday and between 9am and 1pm on
• Cancel the debit order without getting our written
Saturdays, excluding Sundays and South African
permission first, which we may not refuse if it is
public holidays ('Porting Hours');or
reasonable; or
• 20 Business Days after we gave you notice of a
• Change your banking details for the debit order
change to the Contract, Charges and Network
without writing to us and giving us your new
Services under clause 16.1 ('What changes are we
banking details.
allowed to make?') above, excluding changes to
the Value Added Services as set out in clause 16.3
19.3 You or we may cancel for Breach - If you or we
('Changes to the Value Added Services'), as far as
Breach the Contract ('Breaching Party') and do not
the law allows.
fix the Breach within 20 Business Days after receiving
a written notice of the Breach, then the other Party
18.3 Cancelling after a change. You must give us written
('Innocent Party') may cancel the Contract.
notice within 20 Business Days after receiving the
19.4 Suspension for a Breach - If you Breach the Contract
notice from us of a proposed change (as set out in
and we want to Suspend your SIM Card we will give
Sensitivity: MTN Internal 11
 you reasonable notice of the details of the Breach and 20.2 Breakdown of the Cancellation Charges - We
inform you that we may Suspend your Network access calculate (work out) the Cancellation Charges by
(completely or partly) if you do not remedy (fix) the taking all the relevant legal requirements and factors
Breach within 20 Business Days. into account. We will give you the full breakdown of
your Cancellation Charges in writing when you
• If the Breach is material (serious), we do not have
cancel the Contract.
to give you notice and may Suspend your Network
access immediately. 20.3 Cancelling before the end of a Month - If the
• If the Breach is not a material Breach of this Cancellation Date is not at the end of a Month, we
Contract, we will only Suspend your access to the may charge you less Monthly Services Charges for
Network Services if it is reasonable to do so and we that last Month. When this happens:
will lift your Suspension as soon as reasonably • We will reduce the amount by taking into account
possible after you remedy the Breach. the number of days in that Month, up to and
including the Cancellation Date;
19.5 Costs for a Breach - As far as the law allows the
Breaching Party must pay the legal costs and collection • You must still pay the full amount for Monthly
costs of the Innocent Party within 14 Business Days Service Charges on the Bill. (This is because we
after the Innocent Party requests payment in writing. charge you the Monthly Services Charges every
In this clause: Month in advance and we may prepare or send
you the Bill for the last Month before the
• Legal costs include all amounts the Innocent Party
Cancellation Date.); and
must pay their attorneys to take legal steps against
the Breaching Party(this may include attorney and • We will make the necessary changes in the
own client costs, that is, all the costs a client must following Months and pay you back any extra
pay his or her attorney according to the contract amounts you paid for the last Month in the
between them); and Contract (within a reasonable time).
• Collection costs include all amounts the Innocent 20.4 You will always have to pay for Usage Charges - You
Party pays to collect money the Breaching Party have to pay Usage Charges even if the Contract is
owes them. cancelled (for any reason).
19.6 Certificate as proof of your debt - As far as the law 20.5 No Cancellation Charges apply - You will not have to
allows, a certificate signed by one of our managers of pay any Cancellation Charges if you cancel the
how much you owe us for Charges and other amounts Contract:
will be treated as enough proof of your debt to us.
• By giving us written notice as set out in clause 18.2
• As far as the law allows, you will have to show ('When you can cancel the Contract'), or
why the certificate is wrong.
• Because we Breach the Contract as set out in
• We can use the certificate to get judgment or a clause 19 ('Breach').
court order against you.
20.6 Paying back the Purchase Price - You have to pay us
19.7 Other rights and remedies - This clause does not limit the rest of the Purchase Price you owe at the
or reduce other rights and remedies we may legally (or Cancellation Date if:
otherwise) have.
• You cancel the Contract:
20 Charges that apply when the Contract ends
o by giving us 20 Business Days' notice (as set out
This clause explains what amounts you must pay us
in clause18.2, 'When you can cancel the
when the contract ends.
Contract');
20.1 Cancellation Charges - If you or we cancel the o at the end of the Minimum Term or at the end
Contract, there are various Charges and other of a Month during the Contract Renewal Term
amounts which you will have to pay, as set out below. (also set out in clause 18.2'When you can
You will have to pay us: cancel the Contract');
• The reasonable costs you must pay us for o if you decide to Port to another service
cancelling the Contract early, which may include provider;
repaying us an amount of the Purchase Price. o by giving us 20 Business Days' notice in writing
These amounts are called 'Cancellation Charges'; because we want change the Contract, the
and
Charges, Charge Limit, or Value Added Services
• Other Charges for use and access to the Network as set out in clause18.2 ('When you can cancel
Services, SIM Card and Mobile Device until the the Contract'), or clause 16('Changes that give
Cancellation Date. This includes amounts that are you a specific right to cancel' and 18.3
(or become) outstanding before or after the (‘cancelling after a change').
Cancellation Date, for example Monthly Service
Charges and Usage Charges.

Sensitivity: MTN Internal 12

 We cancel the Contract: • delict (wrongful act),
o Because the License under which we operate • for anything we do or do not do; or
and gives us authority to give you access to the
Network Services is cancelled; or • because of our negligence

o If a court cancels the Contract, because a part • or for any act that we would be liable for through
of it was unenforceable. the operation of law.
21.2 No Liability - We will not be Liable to pay you for any
20.7 Claim for Damages - Despite anything else in these loss of profits, loss of goodwill, loss of business
Terms, we may decide to claim Damages from you opportunities, business interruptions, loss of or
instead of Cancellation Charges. We may claim damage to Data (however such loss or damage to
Damages from you for any damage or loss that we Data arises). We will also not be Liable to you for any
may suffer because you Breached any term of this indirect, consequential (resulting), or special losses
Contract, you are negligent or because you act or fail or Damages.
to act.
Clause 21 is important. It limits our legal duties
Clause 20 is important. If the Contract is cancelled towards you, asks you to take on legal
you may have to pay us various amounts and responsibilities. There are many things that can go
Damagesbecause you Breached any term of this wrong when buying or using a Mobile Device and
Contract, you are negligent or because you act or accessing or using the Network and Network
fail to act. Services. We are not responsible (Liable) when
things go wrong or when you suffer Damages as a
21 Limits to our Liability
result of our Contract with you (as far as the law
We will not always be responsible to you for your loss
or damages you may suffer as a result of this Contract. allows it).
This clause sets out the limits to our responsibility and
Liability to you in certain cases. 22 Your Personal Information
There may be times when we ask you to give us
Note: Indirect loss is a loss that is an indirect result
information about yourself which is personal. This
of not complying with the Terms. Indirect Damages clause sets out what kind of information we collect
are Damages that are caused by indirect loss. and we are allowed to use it.
This clause will only apply as far as the law allows.
Limits to our Liability for loss or damage - We will not By making use of the Network Services you consent
be Liable if you or any other person suffers (direct or to MTN’s Privacy Policy which can be found on the
indirect) loss or damage if: MTN website, or you can request a copy in store or
via our call centre.
• The Network Services are interrupted, Suspended
This clause is important. As you give us your
or cancelled because of anything we do (or do not
permission to disclose your Personal Information
do) or because of something beyond our control;
to other parties under certain instances and for
• We do not supply or deliver any Mobile Device or certain purposes.
SIM Card on the promised date or time;
• It is caused because of the use of any Mobile You cannot later claim that you did not give your
Device; permission for us to do this.
• We Suspend your Network Services (see clause 10,
'Suspension and Deactivation'); 23 Permission to market
This clause sets out when we are allowed to contact
• We do not Suspend your access to the Network
you for marketing purposes.
Services (for example when you ask us to limit the
Usage Charges); and
23.1 You give permission. By ticking the relevant box on
• Loss or damage was caused by anything we (or one the Application Form you give us permission(as far
of our employees or agents) did negligently (when as the law allows) to contact you by telephone, fax,
we failed to use proper care when doing SMS, MMS or email at the contact numbers or
something) or failed to do. addresses you give us so that we can market our
products or services to you.
21.1 Limits to the amounts we are Liable for - If we are
found to be Liable to you for any reason (despite 23.2 Opting out - You can ask us to stop marketing to you
anything else in this clause 21, 'Limits to our Liability'), (opt-out) or ask us to start sending you marketing
our total liability to you under the Contract will not be material again (opt-in) at any time. The CPA and other
more than the total of the Charges you actually paid laws also allow you to register a block on marketing
under the Contract over the last 12 months from the from us.
date of the incident in question. This includes Liability
for all claims, actions, demands and proceedings: Clause 23 is important, because you give us
permission to market to you. You cannot later
• for Breach ,
claim that you did not give your permission for us
Sensitivity: MTN Internal to do this. 13
 24 Questions, disputes and sending notices
This clause sets out where you can complain if you 25 General terms
have any problems or questions about the Contract. It This clause sets out the general provisions that apply
also explains how you and we may give each other to these Terms.
notices under these Terms.
25.1 Examples and explanations - The examples and
24.1 Complaints - If you are not satisfied with the Network definitions in the blocks or in the clauses are there to
Services or if you are unhappy that we have cancelled help you understand difficult words and phrases.
any of the Network Services, you may lodge a They are intended to help explain a term or
complaint in accordance with the procedure condition. They are not terms or conditions
prescribed by ICASA on their website: themselves. Examples do not limit the meaning or
https://www.icasa.org.za/. application of the Terms. The Terms do not apply
only to the situations and facts given in the examples
24.2 Address for Notices - You choose the physical or only to similar situations and facts.
addresses set out in the Application Form, and we
choose our Premises, as the addresses where you and 25.2 Conflict - If there is a conflict or inconsistency
we will accept general notices, Legal Notices (including between the Terms and any other terms and
court documents) relating to the Contract conditions in other documents in the Contract, then
('domicilium citandi et executandi' or 'Address for these Terms will apply to the extent of the conflict or
Notices'). inconsistency, unless expressly stated otherwise.

24.3 Change of address. You or we may change your or our 25.3 Whole agreement - As far as the law allows, this
physical address to any other address in South Africa Contract is the whole Contract between you and us
(which is not a post office box) by giving written notice on the subject. This Contract does not exclude any
to the other Party. The new address will become that representations or warranties we (or someone for
Party's Address for Notices 30 days after the other us) made regarding this Contract where the law does
Party receives the notice. not allow these representation or warranties to be
excluded.
24.4 Delivery of Legal Documents. A 'Legal Document'
includes all court documents like summons, notice of 25.4 Waiver (giving up rights) and leniency. As far as the
motion and letter of demand. The Parties may only law allows, neither you nor we will lose any rights
deliver Legal Documents to each other's Address for under the Contract if you or we do not exercise them
Notices by hand (these documents cannot be sent by immediately or each time.
fax, post or email).
25.5 Governing law. The law of South African governs this
24.5 Delivery of other documents by fax or email. You or Contract.
we may send any notice or document (which is not a
Legal Document) by hand, by fax or by email during 25.6 Each clause is separate. Each provision of this
our normal business hours at the receiving Party's fax Contract, and each part of any provision, is
or email address set out in the Application Form. removable and detachable from the others. As far as
the law allows, if any term is or becomes illegal,
24.6 Deemed receipt after fax or email. As far as the law invalid or unenforceable, it must be treated as if it
allows and unless you or we prove otherwise, a fax or had not been included in the Contract. The rest of
email will be presumed to have been received 48 the Contract will still be valid and enforceable.
hours after the time that it was sent. For this reason
Parties must make sure they keep proof of sending 26 RICA
documents or notices. RICA requires you to register your SIM Card with us in
person. This clause explains which documents you
24.7 Delivery of other documents by registered post. must give us to comply with RICA.
You or we may also send any document or notice
You must also give us the following documents:
(which is not a Legal Document) to each other's
postal address (yours as set out in the Application 26.1 Original identity document (ID), passport or refugee
Form or our Premises). You or we must send document;
documents or notices by prepaid registered post
26.2 A certified copy of an original identity document,
from an address in South Africa to your or our (the
passport or refugee document; and
receiving Party's) postal address (as set out above).
26.3 A certified copy of proof of residential address
24.8 Deemed delivery after posting - Unless you or we (where you live).You can prove that you live at a
prove no delivery took place (and as far as the law specific address by giving us one of these documents:
allows), the notice document will be presumed to
• Bank statement (which must not be older than
have been received by you or us (the receiving
three Months);
Party)on the seventh day after the date of posting.
For this reason you must make sure you keep proof • Rates or electricity account or phone account (bill);
that you sent the document or notice to us, unless • TV license;
expressly stated otherwise.
Sensitivity: MTN Internal 14
 • Insurance policy;
• Lease agreement; or
• New vehicle license document.

27 Interpreting these Terms

When interpreting these Terms, the following rules will
apply:

27.1 Gender - Words in any particular gender include the

other genders (male, female and neutral). Reference
to a neutral gender (for example 'they' or 'it') include
all genders.

27.2 Singular and plural - Words in the singular include the

plural and the other way around.

27.3 Different forms of the same word - Different

grammatical forms of the same word have a
corresponding (similar or matching) meaning. (For
example, 'to pay', 'paying' and 'paid').

27.4 General words are not limited - Where we use

general words to describe specific things which belong
together, the general words can also mean other
things. The word ‘including’ or 'include' or 'includes'
must not be interpreted as being limited to the list,
following after the word, or excluding other items
from a list following after the word.
For example in the sentence 'all Charges including
Cancellation Charges does not intend to mean that we
are only referring to Cancellation Charges or similar
Charges, but to all Charges, 'including Cancellation
Charges'.

27.5 Calculating days - Where any number of days is given,

those days are counted to exclude the first day but
include the last day.

27.6 Reference to laws - When there is reference to a law

or to a section of a law, we mean that law or section of
that law as amended, repealed or replaced.

27.7 Writing or written - Is any form of writing. When we

give you a notice in writing it may include an SMS sent
to a Mobile Device or an email we send you. It also
includes voice calls recorded by our official call centre.

27.8 Boxes and bold writing - There are boxes with bold
writing that appear below various clauses in these
Terms. They are only intended to bring your attention
to important parts of the Terms and to explain the
effect of those parts. These boxes with bold writing
are aids to understanding only and are not terms or
conditions themselves. They do not limit the meaning
or application of the Terms. The parts of the Terms
discussed in the boxes do not apply only to the
situations and facts given in the examples or situations
described in the boxes, or to similar examples or
situations.

Sensitivity: MTN Internal 15

 MTN Subscriber Terms and Conditions – long form 2014/06/10/14

ANNEXURE A
MEANING OF WORDS AND PHRASES
In this Contract, except where it is clear from a clause that this must not apply to that clause, the words and phrases on the left have
the meanings shown on the right.

When we accept your Order and if you comply with RICA (see clause 26 'RICA' for more
Activation or Activate information) we will enable your SIM Card to operate on the Network. This is called
Activation.
The Migration Addendum, the subscriber agreement terms which apply and the new
Application to Migrate
application form you must sign when you migrate.
Approved Device Means the Mobile Device we give you or another mobile device approved by ICASA.
Bill Means your MTN Invoice or Monthly statement.
Any day, except a Saturday, Sunday or South African public holiday. Where this contract
Business Day refers to a number of business days, it includes the first and excludes the last business
day.
Refers to a process that may take place if you are a juristic person and are in financial
Business Rescue
trouble.
When you or we do something that is not allowed under the Contract, or do not fulfil
Breach our duties under the Contract or do something that is listed in the Contract as being a
breach.
Breaching Party Means the party who committed the Breach.
Amounts we may charge you for the Network Services, Mobile Device and SIM Card and
self-service purchases as set out on the MTN Website, the Price Plan Terms or Package
Charges
Option Terms (See clause 6, 'List of Charges', for a full list of the Charges that apply to
the Contract).
Means the limits we may set on the amount that you spend on Usage Charges in a
Charges Limits
Month based on the credit check we do (as set out in clause 2.3, 'Credit Checks'.
Consumer Protection Actor CPA The Consumer Protection Act, No 68 of 2008.
Cancellation Date The day you or we cancel the Contract.
The reasonable costs you must pay us for cancelling the Contract early, which may
Cancellation Charges
include repaying us an amount of the Purchase Price.
The legal agreement that applies between you and us, which is made up of:
• These Terms;
• The Application Form;
• The Package Option Terms or Price Plan Terms (depending on which one you
choose);
• The VAS Application Form;
Contract
• The VAS Terms;
• Your CPD (Customer Pick-up Document);
• The International Roaming and Calling Application Form (if you apply for Roaming or
International Calling);
• The Migration Addendum (if you apply to Migrate); and
• The Privacy Policy
The Contract period after the Minimum Term ends, which carries on from month to
Contract Renewal Term
month, until you or we cancel the Contract.
Customer Pick Up Document Package. This is the document that we give you when you
CPD
collect your mobile device and SIM card.
CPD Terms The Terms and Conditions contained in the CPD.
These are amounts that someone may have to pay to another person to compensate
Damages
them (repay them) for loss, damage or injury they suffered.
Includes any information that is sent or received over the internet or a communications
Data
networks that is not done by SMS or voice and is made up of units called bytes;

Sensitivity: MTN Internal

 When you send or receive any data over the internet or a communications network that
Data Service
is not done by SMS or voice calling.
Deactivation When take away your access to the network services through your SIM card.
A fee of R11.40 that you will have to pay us if you allow us to deduct money from your
Debit Order Return Fee
bank account and we are unable to through no fault of our own.
Addresses you and we choose to receive notices related to this contract. This is also
Domicilium citandi et executandi
known as address for notices.
The notice the Consumer Protection Act requires us to send you with certain information
CPA Notice
before the minimum term ends.
ICASA The Independent Communications Authority of South Africa or any of its successors.
Lift Suspension Charge R75.00 you must pay to lift a suspension.
Innocent Party The Party who did not commit the breach, as referred to in clause 19 ('Breach').
International Calling The Network Service that allows you to make calls outside South Africa.
The network service that allows you to use the network services on communications
International Roaming or Roaming networks of other service providers in other countries when you are outside South
Africa.
International Roaming and Calling The form you must fill in to use your SIM Card outside South Africa.
Application Form
A situation when a court takes over your affairs for a time when you are a juristic person
Judicial Management
and are in financial trouble.
Refers to all legal documents and includes all court documents like summons, notice of
Legal Document
motion and letter of demand.
A person agrees (or a law states that) they are responsible to do something or pay
Liable something. It includes having to pay for loss, injury or damages caused because of
something you (or someone else) did. 'Liability' has a similar (consistent) meaning.
Liquidated A juristic person being legally declared bankrupt because they cannot pay their debts.
Migration When you want to change from one Service Bundle to another.
The amount we charge you for changing your service bundle as set out in package option
terms or price list terms. This is also called 'administration fee to migrate. This will also
Migration Fee
include any Charges due to MTN in for any Mobile Devices that form a part of your
Package Option prior to Migration..
Migration Addendum Is the document we ask you to fill in when you want to migrate.
The shortest term the contract will carry on for, unless you or we cancel it, as set out in
Minimum Term
your Application Form and the first Bill we send you.
Terminal equipment (for example, a cell phone), which ICASA approved. We can connect
Mobile Device it to the network with the SIM card the network for you to make or receive voice calls,
transmit data or to send or receive messages.
The telephone number we allocate to the SIM card or a telephone number we transfer
Mobile Number
by porting it from another service provider.
A period between the first days in calendar months which follow each other (for
example 1 May to 1 April). A month starts at 12am on the first day of the month and
Month ends at 11:59pm on the last day of the month. If the number of days differs from one
month to the next then we can decide when the next month starts. (For example
January 31 at 12am to February 29 at 11:59pm will be a month).
The amounts we charge you each month in advance to use the network services
Monthly Service Charges (subscription fees) and amounts that apply to Value Added Services (VAS Charges)
depending on the package option or price plan you chose;
MTN Website www.mtn.co.za
Mobile telephone Networks (Pty Ltd, Registration Number: 1993/001436/07, with
MTN, we or us
offices at our premises.
Network The mobile electronic communication network operated by MTN in South Africa.

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 The services we offer you under the Contract, including wireless telephone services,
Network Services Value Added Services, Data Services, International Roaming and International Calling and
any other wireless and network services.
Certain amounts that we may charge you for using the network services including
Network Services Charges
monthly service Charges and usage charges.
Mobile Telephone Networks (Proprietary) Limited, Registration Number:
1993/001436/07, parties it assigned its rights to or any other licensed electronic
Operator
communications network operator in South Africa which has granted us a sub-license to
give you access to the network services.
Filling and signing the application Form to receive a mobile device and SIM card or use
Order
the network services.
PAIA The Promotion of Access to Information Act, 2 of 2000.
The Package Option Terms and Conditions. These are the terms that apply to the
Package Option Terms
package option you choose on the application form.
The combination of network services, mobile devices and price options available to you
Package Options
when you place your Order.
Package Option Terms The terms and conditions that apply to a specific Package Option.
Parties or Party 'Parties' means you and MTN and 'Party' means either you or MTN.
Information which identifies you as an individual, and includes:
• Information relating to the race, gender, sex, pregnancy, marital status
• National, ethnic or social origin, colour, sexual orientation, age, physical or mental
health, well-being, disability, religion, conscience, belief, culture
Personal Information • Your language and birth
• Information relating to your education or the medical, financial, criminal or
employment history
• Any identifying number, symbol, e-mail address, physical address, telephone
number, location information, online identifier or other particular assignment to you
POD Proof of Delivery
Porting Moving to or from another network service provider.
The period between 9am and 5pm from Monday to Friday and between 9am and 1pm
Porting Hours on Saturdays, excluding Sundays and South African public holidays in which we must
receive notice before porting.
Premises Our offices at 216 Fourteenth Avenue, Fairland, Roodepoort, Gauteng, South Africa.
The combination of network services and price options available to you when you place
Price Plans
your order (price plans do not include a mobile device).
Price Plan Terms The terms and conditions that apply to a Price Plan.
The MTN online Privacy Policy. This is the policy which explains how we deal with your
Privacy Policy
personal Information.
The purchase price of the mobile device you bought from us in terms of this contract, as
Purchase Price set out on the MTN Website or the package option terms or price plan terms and
calculated in line with the service bundle you chose.
R95.00 you must pay to reconnect you to the network after we deactivated your SIM
Reconnection Charge
card.
Regulation of Interception of Communications and Provision of Communication-related
RICA
Information Act No.70 of 2002 as amended and any regulations published under it.
Service Bundle The package option or price plan you choose.
Sequestrated Being legally declared bankrupt because you cannot pay your debts.
A small card called a subscriber identity module (SIM) card, which we give you to put it
SIM Card
into your mobile device to use over the network and access the network services.
When you ask us to link your information to a new SIM card if your SIM card is lost,
SIM Swop
stolen or is not working properly.
Start Date The date we activate your SIM card will be the 'Start Date' of the contract.
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 The person, company or other entity who completed the application form to use the
network services and whose details are in the 'Subscriber Details' section of the
Subscriber or you
application form (including anyone who is your successor or who you assigned your
rights to).
We stop you or limit you from accessing all or some of the network services through
Suspension
your SIM card for a certain time, until we lift the suspension.
The MTN subscriber terms and conditions in this document, which forms part of the
Terms
Contract.
The amount we charge you to upgrade to certain package options or price plans which
Upgrade Fee
we will give you when you sign and give us the new application Form for an upgrade.
The amounts you must pay us to use the network, (which are not included in the
Usages Charges monthly services charges) and includes charges for minutes, messages and data which
do not form part of your package option or price plan.
VAS Means ‘Value Added Service’.
Value Added Service application form. This is the application form you must complete
VAS Application Form when you want us to value added services to you that are not part of your package
option.
The amounts you must pay us to use value added services or which we collect for other
VAS Charges service providers for Premium Rated Services. They form part of the monthly service
charges.
The VAS Terms and Conditions. These are the terms and conditions that apply to the
VAS Terms
Value Added Services you use; and
VAT Means value added.

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