MTN Website Legal Content
2. What is personal information?
In order to provide you with the services offered on this website, you may be required to provide MTN with personal information. Personal information is information which identifies you as an individual, including but not limited to, your race, age, contact details, any identifying number assigned to you and any information relating to transactions in which you have been involved.
3. What we collect
3.1. On some web pages of this website, you may be requested to provide certain personal information. The types of personal information collected at these pages may include your name, handset details, contact and billing information, and transaction information.
3.2. In order to tailor our subsequent communications to you and continuously improve our products and services, we may also ask you to provide us with information regarding your personal or professional interests, demographics, experience with our products and this website, and more detailed contact preferences.
4. How we use your personal information and how we may contact you
4.1. MTN uses your information to better understand your needs and to provide you with better service. Specifically, MTN will use your personal information to contact you in relation to the goods and services that MTN provides to you.
4.2. MTN reserves the right to perform statistical analyses of user behaviour in order to measure interest in and use the various areas of the website, so long as such statistical analyses will not be linked to any registered person by a third party.
4.3. Because we don't want you to miss out on any of the deals and promotions that we may have, and if it is agreeable to you when you register with us or at any other time, we may use your personal information to contact you for market research.
4.4. MTN may send you promotional materials or details by SMS, e-mail or post in order to update you and keep you advised of any promotions, news, competitions or developments which we think may be of interest to you. We will always give you the opportunity to unsubscribe to the receiving of such direct communications.
5. Protection of personal information
5.1. If you register on this website, we will not make your personal information available to anyone unless permitted or required to do so by law. We will therefore not sell, rent or provide your personal information to unauthorised entities or third parties for their independent use without your consent. We may, however, share your personal information with our affiliates within the MTN Group of companies.
5.2. We value the information which you provide to us and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. We will ask for your express permission before we use your personal information for any purpose not disclosed above.
6. Correction of personal information
6.1. MTN strives to keep your personal information accurate. We will provide you with access to your personal information and make every effort to provide you with access to your registration data so that you may view, update or correct your information. To protect your privacy, we will also take steps to verify your identity before granting you access to your personal information.
7. Links to other sites and advertisements
9. Which laws apply?
MTN Terms & Conditions
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING MTN WEB SITE.
Welcome to the Internet site of MTN South Sudan. By using MTN Site, or any of the products or services (collectively the "Services") available on MTN Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular MTN Site or Service, all as may be modified by MTN from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use MTN Site or any of the Services on MTN Site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of MTN Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
Registration, accounts and passwords
Certain of the Services and related features made available on MTN Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features; you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on MTN Site, and (b) all activities that occur under such password or account. Further, you agree to notify MTN of any unauthorized use of your password or account. MTN shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
Restrictions on use of materials
All material, information and content (collectively "Content") available on MTN Site, including the manner in which such Content is presented, and the Services are for MTN South Sudan. MTN grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through MTN Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
MTN and all associated designs and logos are trademarks of MTN. All other product, brand and company names and logos used or mentioned on MTN Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on MTN Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
In consideration of the availability, and your use, of MTN Site or any of the Services, you agree to comply with all applicable laws and these Terms and Conditions when using such MTN Site or Service. You acknowledge that MTN may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to: post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use MTN Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying MTN Site, any of the Services, or the Internet; post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use MTN Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying MTN Site, any of the Services, or the Internet; post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
Responsibility for minors
In cases where you have authorized a minor to use MTN Site or any of the Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of MTN Site or any of the Services; and (iii) the consequences of any misuse by the minor. You acknowledge that some of the areas of MTN Site may contain material that is inappropriate for minors.
Forums and content submissions
By uploading materials to any chat board or forum available on MTN Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting Service on MTN Site, you automatically grant (or warrant that the owner of such materials expressly grants) MTN a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the limited purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. MTN cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that MTN reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) MTN SOUTH SUDAN SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT MTN MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) MTN SPECIFICALLY MAKES NO WARRANTIES THAT MTN SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF MTN SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Professional information disclaimer
The MTN South Sudan Site may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the "Professional Information"). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of MTN Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that MTN, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
Financial information disclaimer
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by MTN through MTN Site or any of the Services is: (a) for information purposes only; (b) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by MTN; and (c) not necessarily reflective of the views or policy of MTN, including the publisher, contributors and staff of, and advertisers on, MTN Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by MTN. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions.
PRIOR TO MAKING ANY INVESTMENT DECISION, IT IS STRONGLY RECOMMENDED THAT YOU SEEK OUTSIDE ADVICE FROM A QUALIFIED INVESTMENT ADVISOR. MTN DOES NOT PROVIDE OR GUARANTEE ANY FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE OR ADVICE REGARDING THE SUITABILITY, PROFITABILITY, OR POTENTIAL VALUE OF ANY PARTICULAR INVESTMENT, SECURITY, OR INFORMATION SOURCE.
You acknowledge that MTN or its affiliates may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through MTN Site. The views and opinions expressed on MTN Site are not intended to constitute a description of securities bought, sold, or held on behalf of MTN nor an indication by MTN of any intention to buy, sell, or hold any security.
Disclaimer regarding search content
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through MTN Site's search services are protected by copyright and/or other intellectual property laws. MTN does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside MTN Site, all of the Multimedia Content contained on such sites is owned and served by entities other than MTN. MTN provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through MTN Site's search services for commercial or noncommercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
MTN reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on MTN Site. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of MTN Site and any of the Services immediately. Your continued use of MTN Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, MTN reserves the right to change, modify, suspend or discontinue any aspect of MTN Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
Downloads and shareware
Certain MTN Sites allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by MTN or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by MTN or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that MTN or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that MTN, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
Content linked to MTN site
Please exercise discretion while browsing the Internet. Please note that certain links on MTN Site may take you to other websites. MTN provides these links only as a convenience and not as an endorsement by MTN. These linked sites are not necessarily under the control of MTN. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. MTN is not responsible for the content of any such linked sites or any other web page which is not part of MTN Site and under MTN's control. Unless otherwise expressly provided, MTN makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that MTN will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from MTN Site.
Dealings with third parties
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, MTN Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. MTN assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that MTN shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify and hold harmless each of MTN, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on MTN Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of MTN Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from MTN Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL MTN, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER MTN HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF MTN SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO MTN SITE OR ANY OF THE SERVICES.
You expressly acknowledge that MTN has entered into this agreement, and has and will make MTN Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and MTN. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
You acknowledge and agree that MTN, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, MTN Site or any of the Services, and remove and discard any information or content related to MTN Site or any of the Services (and your use thereof), for any reason, including where MTN believes that you have violated any of these Terms and Conditions. You further agree that MTN shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with MTN Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of MTN in operating MTN Site or any of the Services, your sole and exclusive remedy is to discontinue using MTN Site or any of the Services.
Submission of ideas and/or suggestions
MTN is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them - but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO MTN BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO MTN, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO MTN THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT MTN IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MTN, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between MTN and you pertaining to your use of MTN Site, Services and Content and supercede any prior agreements between you and MTN with respect to the subject matter hereof. MTN's failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein.
MTN Internet Fair & Acceptable Usage Policy
Please ensure that anyone using your account to access MTN South Sudan Internet Service agrees with this Policy and is aware of their obligations under it. This extends to your children or Users of your household or your employees or office workers (for pro Users) or any one accessing the network through your home or office.
What can MTN Internet service not be used for?
1. Unlawful, fraudulent, criminal or otherwise illegal activities.
2. Sending, receiving, publishing, posting, distributing, disseminating, encouraging the receipt of, uploading, downloading or using any material which is offensive, abusive, defamatory, indecent, obscene, unlawful, harassing or menacing or a breach of the copyright, trademark, intellectual property, confidence, privacy or any other rights of any person.
3. Use of GPRS and MTN Broadband for Commercial purposes, these products can't be used for direct re-sale (Internet Cafes); Customers with Dedicated MTN Internet products can however use their bandwidth for Direct Re-sale.
4. Knowingly or negligently transmitting or uploading any electronic material (including, without limit, files that contain viruses, corrupted files, or any other similar software or programmes) which is known or likely to cause, interrupt, damage, destroy or limit the functionality of any computer software, hardware or telecommunications equipment owned by MTN or any other Internet user or person.
5. Activities that invade another's privacy, cause annoyance, inconvenience or needless anxiety to any person.
6. Activities that are in breach of any other third party's rights, including downloading, installation or distribution of pirated software or other inappropriately licensed software, deletion of any author attributions, legal notices or proprietary designations or labels in any file that is uploaded, falsification of the origin or source of any software or other material.
7. Anything that may disrupt or interfere with MTN South Sudan network or services or cause a host or the network to crash.
8. Launching "denial of service" attacks; "mail bombing" attacks; or "flooding" attacks against a host or network.
9. Making excessive use of, or placing unusual burdens on, the network, for example by sending or receiving large volumes of email or excessively large email attachments.
10. Circumventing the user authentication or security process of a host or network.
11. Creating, transmitting, storing or publishing any virus, Trojan, corrupting programme or corrupted data.
What about security?
- You are responsible for ensuring that any User ID and/or password selected by you remain confidential so that the network cannot be used by any unauthorized person.
- The user ID and/or password referred to include, but are not limited to, those controlling access to (a) any computer hardware systems or networks; (b) any computer software or applications; or (c) any other services accessed by you in the use of either of the above. You shall not disclose any User ID or password to any third party, or use the same for any purpose connected with the improper use of the network including accessing or attempting to access other parts of the services for which you do not have access rights.
- You are responsible for taking all reasonable steps necessary to prevent a third party obtaining access to your network or your Personal Computer.
- You must protect your network from any external attack through hacking or Virus intrusion, so we expect you to have the necessary software or hardware tools in place to mitigate this sort of attack.
- You must immediately advise us if you become aware of any violation or suspected violation of these Security provisions.
What about usage by kids and others without you knowing?
- No excuse. You are responsible for all uses made of MTN Internet service through your account (whether authorized or unauthorized) and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission.
- You agree that MTN South Sudan is not responsible for any of your activities in using the network. Although the Internet is designed to appeal to a broad audience, it's your responsibility to determine whether any of the content accessed via MTN Internet service is appropriate for children or others in your household or office to view or use.
Anything else you should know?
- Spam is evil. MTN South Sudan reserves the right to block any emails that have the characteristics of spam. You'll be contacted by MTN South Sudan if any emails sent by you are blocked for this reason. Any spamming activity may result in suspension or termination of your service at MTN South Sudan option and sole discretion.
What about excessive network usage?
- If it's felt that any MTN South Sudan Users Internet activities are so excessive that other Users are detrimentally affected, MTN South Sudan may give the member generating the excessive web traffic a written warning (by email or otherwise). In extreme circumstances, should the levels of activity not immediately decrease after the warning, MTN South Sudan may terminate that member's services.
- Please note that this will not apply to dedicated MTN Internet customers and MTN Broadband customers purchasing dedicated volumes bundles (e.g. 200Mb, 500Mb etc). MTN configures packet shaping for customers with dedicated circuits so excessive usage of the service by this customer doesn't affect other subscribers.
What happens if the Policy is breached?
- If any member's use of these services constitute a breach of this Policy, MTN South Sudan may, at its option and discretion, either give the User notice to stop the unacceptable use(s) or terminate that member's services (with or without notice as MTN South Sudan considers appropriate).
- The following list details all the uses of MTN Internet service that we consider unacceptable - in other words, unfair usage. MTN maintains and promotes a policy of fair and acceptable usage at all times, so please ensure that any use of MTN's services, by yourself or anyone in your household doesn't in any way contradict the restrictions listed below. You will also find your responsibilities to help keep our network secure listed at the end of this Fair and acceptable usage policy.
Prepaid bundle terms & conditions:
1. When a prepaid bundle subscriber uses up their bundle threshold, an out-of-bundle charge of SSP 0.00012 will apply for the rest of the validity period. For example, 25MB is valid until mid-night of the same day of activation. When a client uses up the 25MB, they will receive a notification to the effect that the 25MB is used up and they are now being charged a per KB rate of SSP 0.00012. On the following day at 00h00h01, the charging will revert to the standard SSP 0.002 per KB if the client does not activate another bundle after the grace period window.
2. The validity window during which the client will browse at the per KB rate of 0.00012 will be called the grace period.
3. The grace period shall apply for all our data products in our product arsenal i.e. 10MB, 25MB, 50MB, 100MB, 250MB, 500MB, 1GB and the 3GB data bundle.
4. The MDP will automatically trigger notifications when the client uses up 50%, 80% and upon completion of their bundle (100%). The service will only go live upon confirmation and tests to confirm that the notification system is working as per specification.
5. The messages configured will be:
- At 50% consumption: "Dear customer, you have used up 50% of your data bundle"
- At 80% consumption: "Dear customer, you have used up 80% of your data bundle"
- Upon completion: "Dear customer, you have used up your data bundle. You will now be charged for usage at SSP 0.00012 per KB until the end of the validity period of your data bundle. To activate another data bundle, dial *123# and follow the prompts"
6. For non-bundle customers, the per KB rate of SSP 0.002 will apply as a default.
7. The out of bundle rate derivation is as per the matrix in Schedule A.
8. There will be no throttling of speeds when customers use up their data thresholds. Customers will enjoy the same browsing experience for in bundle usage.
9. The above rules will be tested and the tests evaluated before full implementation.
10. All SIM will be open to automatically browse at 0.002 as a default for non-bundle usage outside the grace period.
11. The impact of the change will be evaluated one month after implementation.
12. A notification will be sent to the respective customers upon bundle/ subscription expiry at 00:00:00 for the daily, weekly and monthly bundles.
MTN PayAsYouGo Services Terms & Conditions
Get the most out of your pre-paid service by knowing the parameters of your agreement with MTN South Sudan. Please read these terms and conditions carefully. They govern the relationship between you ("The Subscriber") and MTN South Sudan and explain the respective legal rights concerning all aspects of the legal relationship, including: - Charges, Start and end of service, Privacy and confidentiality, early termination fees, Limitation of liability and warranty, Resolution of disputes by arbitration instead of litigation. If you have the service or the phone installed, you consent to the terms and conditions set forth in this Agreement. If you do not agree with these terms and conditions, do not use the service or phone and notify us immediately to cancel the service.
This is an agreement ("Agreement") for pre-paid services and related services and/or features between you ("the Subscriber") or your company and MTN South Sudan, which is licensed to provide the service you have subscribed for in South Sudan.
The term "Phone" means the receiving and transmitting equipment that MTN South Sudan has authorized to be programmed with the Subscriber identity number and any accessories. Installation of the service shall only commence upon the Subscriber making any required pre-payment.
a. Term. For any service subscribed for in this Agreement, the term shall be one (1) year from the date of execution of this Agreement. After the fixed term expires, this Agreement will continue until terminated by either party with advance notice of not less than thirty (30) days. If the Subscriber does not use the line by way of loading airtime and/or service fee for a period of six (6) months or more, MTN South Sudan reserves the right to retrieve its equipment, withdraw the line and subsequently cancel this Agreement.
b. Rates. The cost of calls and other charges for the service subscribed for are described in the MTN South Sudan Prepaid tariff guide. MTN South Sudan reserves the right to alter the said tariff guide and/or the duration of airtime units at any time in such manner as MTN South Sudan may deem fit. The Subscriber shall not be charged for receiving phone calls.
c. Availability/Interruption. The service is subject to transmission limitation or interruption caused by weather, terrain, obstructions such as buildings, and other conditions and may be temporarily limited or interrupted due to system capacity limitations and system repairs or modifications or to combat potential fraud. Provision of the service may be interrupted at any time without notice to the Subscriber. MTN South Sudan may choose to block calls to certain categories of numbers and certain international destinations if MTN South Sudan is experiencing fraud problems with calls to those numbers. However, MTN South Sudan undertakes to offer reliable and cost effective service lines will be offered with an availability of not less than 98% up time, calculated over a period of a year. MTN South Sudan shall not be liable in any manner where the Subscriber's calls are prematurely ended when the Subscriber's credit is used up.
d. Use of service/phone. The Subscriber agrees not to use the service or phone for any unlawful or abusive purpose, or in any way which might damage or interfere with or disrupt MTN South Sudan's system or other MTN South Sudan Subscriber's use of the network. The Subscriber shall comply with all laws while using the service and shall not transmit any communication which could violate any laws, court order, or regulation or that could be offensive to the recipient. The Subscriber is responsible for all content transmitted through the Subscriber's phone. Resale of the service is prohibited without prior contractual arrangements with MTN South Sudan and any required regulatory approvals. The Subscriber is responsible for ensuring that the phone is compatible with the service provided by MTN South Sudan and contracted for by virtue of this Agreement. The Subscriber shall have all ownership rights over all equipment purchased from and supplied by MTN South Sudan in terms of its obligations hereunder. The Subscriber accepts any identity number provided by MTN South Sudan and agrees that MTN South Sudan may change such number at any time, with or without prior notice to the Subscriber. The Subscriber's phone may contain pre-installed software necessary for use of the service, and the software may prevent the phone from being activated with another carrier's service. By using the service, the Subscriber agrees to abide by the terms and conditions of any applicable software license. The Subscriber shall be liable for any damage that may be occasioned to the equipment supplied in accordance with this Agreement. MTN South Sudan shall not be liable to the Subscriber, or its employees, agents or any third party for any loss, or damage, financial or otherwise resulting from the misuse of or unauthorized access to the phone and/or telecommunication equipment supplied to the Subscriber by MTN South Sudan.
e. Unauthorized usage. Where the Subscriber's phone is stolen or used for fraudulent purposes the Subscriber shall inform MTN South Sudan as soon as possible and provide MTN South Sudan with such documentation and information as requested by MTN South Sudan (including affidavits and police reports). MTN South Sudan has the right to interrupt or restrict service to the Subscriber's number without notice to the Subscriber if MTN South Sudan suspects fraudulent, illegal, and/or abusive activity on the part of the Subscriber. The Subscriber agrees to cooperate with MTN South Sudan in any fraud investigation and to use any fraud prevention measures prescribed by MTN South Sudan.
1. CHARGES / PAYMENT / DEFAULT
a. Generally. The Subscriber is responsible for all charges, (i.e.) the purchasing of the equipment and purchase of airtime for the phone. For all incoming and outgoing service, the length of the call shall be measured during the time that the Subscriber is connected to the MTN South Sudan system, which is approximately from the time the Subscriber connects to the time the Subscriber presses end, or any other key to terminate the call or hangs up. Usage on each call is charged for the entire time that the MTN South Sudan switch handles the call. For calls made or received from the local area, the Subscriber will not be charged for busy or unconnected calls if the Subscriber presses end, or hangs up within a reasonable time.
b. Billing. Postpaid dial-up subscribers shall receive itemized bills showing monthly usage. The details of the Subscribers monthly usage for prepaid dial-up subscribers shall only be provided to the subscriber on request to MTN South Sudan, in cases of a legal nature, at a cost to be determined by MTN South Sudan.
c. Default/Termination. Where the Subscriber breaches any clause of this Agreement and/or omits to fulfill any of the covenants contained in this Agreement, or is subject to any proceeding(s) under the Bankruptcy Act, or is undergoing liquidation, the Subscriber will be deemed to be in default and MTN South Sudan may without notice to the Subscriber suspend its service to the Subscriber, and/or terminate this Agreement. The Subscriber shall be liable to pay all costs including attorney's fees, and court costs incurred by MTN South Sudan in its attempt to enforce this Agreement. If this Agreement is terminated following default by the Subscriber, MTN South Sudan may charge the Subscriber for any damages suffered by MTN South Sudan as a result of the said default. MTN South Sudan reserves the right change the method in which prepayments for the use of airtime is made and network services on the network, by notice at any time in such manner as MTN South Sudan may deem sufficient.
d. Account information. Any person able to provide the Subscriber's name, address, an affidavit or duly executed Power of Attorney, baring the Subscriber's signature authorized by the Subscriber to receive information about and make changes to the Subscriber's account including the adding of new numbers shall be granted such on request. Where the Subscriber is receiving the service through the Subscriber's employer, the Subscriber authorizes MTN South Sudan to share his/her account information with the employer in question.
e. Confidentiality. The Subscriber has the right and MTN South Sudan has the duty to protect the confidentiality of the Subscriber's information relating to the service usage. The Subscriber consents to the sharing of his/her/its call data with MTN South Sudan's affiliates and contractor's to develop or bring to the Subscriber's attention, any available products and/or services. This consent survives the termination of this Agreement. To withdraw this consent at any time, please notify MTN South Sudan in writing for the attention of the Company Secretary and Legal manager -provide us with the following details:
- Home address;
- Home telephone number;
- Service number;
Removal of the above named consent shall not affect the service envisaged by this Agreement.
3. CHANGES TO THIS AGREEMENT
MTN South Sudan may amend the terms of this Agreement at any time and the MTN South Sudan service guide, upon either prior or subsequent notice to the Subscriber. Where the Subscriber does not agree with the said amendment, the Subscriber may terminate this Agreement by giving MTN South Sudan notice, no later than twenty (20) days after receiving the notice of the proposed amendment from MTN South Sudan. If the Subscriber continues to use MTN South Sudan’s services for a period of over twenty (20) days after MTN South Sudan has notified the Subscriber of the said change, it shall be an indication that the Subscriber has agreed to the proposed amendments to this Agreement.
Some laws do not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations contained in this section may not necessarily apply to you.
a. Limitation of Liability. MTN South Sudan is not liable for the acts or omissions of another service provider through the Subscriber's phone, equipment failure, or modification, or causes beyond MTN South Sudan’s reasonable control. MTN South Sudan is not liable for the service outages of twenty (24) hours, or less nor for service limitations or interruptions, as described in paragraph 1.c above. MTN South Sudan’s liability and the liability of any underlying carrier, for any failure or omission shall under no circumstances exceed the service charges during the affected period. MTN South Sudan and any underlying carrier are not liable for:
i. Any economic loss or injuries to persons or property, arising from use of the service, the phone or any equipment used in connection with the phone. The installation or repair of the phone by any parties who are not employees or express agents of MTN South Sudan.
ii. MTN South Sudan is not liable for any act associated with the proper exercise of rights of privacy and/or unauthorized usage provisions of this Agreement. This clause shall survive the termination of this Agreement.
MTN South Sudan shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber whether direct or consequential, where:
iii. MTN South Sudan fails for any reason whatsoever to supply and/or deliver and/or provide installation of any Terminal equipment, either on the required date, or at all; and/or
iv. MTN South Sudan’s network services are interrupted, suspended or terminated, for whatever reason; and/or
v. MTN South Sudan fails to suspend the provision of the network services to the Subscriber in terms of an arrangement between MTN South Sudan and the Subscriber, or after the Subscriber has specifically requested MTN South Sudan to do so in order to limit the usage; and/or
vi. Loss or damage has been caused by the negligent act(s) or omission(s) of MTN South Sudan, its employees or its agents.
b. Indemnification. The Subscriber agrees to defend, indemnify and hold MTN South Sudan, its affiliates and agents and any other service provider associated with it, harmless against claims or damages relating to this Agreement, or any promise or statement made in it and use of the phone or service. The Subscriber also agrees to pay reasonable (in MTN South Sudan’s estimation) attorneys and expert witness fees and costs incurred in enforcing this Agreement through appeal.
c. Warranties. MTN South Sudan warrants that the equipment purchased by the Subscriber in accordance with this Agreement shall be covered by a general warranty of no more than six (6) months. MTN South Sudan does not make any express warranty regarding the service and hereby disclaims any implied warranty, including any warranty of merchantability or fitness for a particular purpose. MTN South Sudan does not authorize anyone to make any warranty on its behalf and the Subscriber shall not rely on any such warranty. MTN South Sudan is not the manufacturer of any phone and/or telecommunication equipment and therefore any statement regarding the same shall not be interpreted as a warranty issued by MTN South Sudan.
5. RESOLUTION OF DISPUTES
Please read this section carefully. It affects rights that the Subscriber may otherwise have in relation to the resolution of disputes through arbitration instead of court trials and representative actions. Arbitration is final and binding and subject to limited review by any court of law. This arbitration clause shall survive the termination of this Agreement.
a. Binding Arbitration. Any dispute or claim arising out of, or relating to any product or service provided in connection with this Agreement, (whether based on contract, tort, statute, fraud, misrepresentation or any other legal basis), shall be resolved by arbitration which shall be binding upon the parties except that, MTN South Sudan or the Subscriber may choose to pursue claims in a court of law if such claims relate solely to the collection of any amount(s) owed by the Subscriber to MTN South Sudan. However, for such claims that may be taken before a court of law the Subscriber and MT MTN South Sudan waive any claims to punitive damages and any right to pursue claims on a class or representative basis.
b. Arbitration procedure. The Subscriber must first present any claim or disputes to MTN South Sudan by contacting the MTN South Sudan Legal department to give MTN South Sudan an opportunity to resolve the dispute. The Subscriber may request arbitration if the claim or dispute cannot be resolved within sixty (60) days. Unless the Subscriber and MTN South Sudan agree otherwise, the arbitration will take place in the city where the MTN South Sudan switching center for the Subscriber's number is located. An Arbitrator may not award relief in excess of, or contrary to what this Agreement provides, order consolidation or class arbitration, or award punitive damages, or any other damages aside of the prevailing party's actual damages, except that the Arbitrator may award on an individual basis, damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential and neither the Subscriber, nor MTN South Sudan may disclose the existence, contents or results of any arbitration, except as may be required by law, or for purposes of enforcement of the arbitration award. Judgment given in any arbitration may be entered in any court of competent jurisdiction. If any portion of this arbitration clause is determined by a court to be invalid or inapplicable, the remainder shall still be given full force and effect.
a. Privacy. MTN South Sudan is not liable for any lack of privacy, which may be experienced with regard to the service. The Subscriber hereby authorizes MTN South Sudan to monitor and record calls made to MTN South Sudan concerning the Subscriber's account, or the service and the Subscriber further consents to the use by MTN South Sudan of automatic dialing equipment to contact the Subscriber. MTN South Sudan has the right to intercept and disclose transmissions over the MTN South Sudan facilities, in order to protect MTN South Sudan’s rights and property.
b. Assignment. MTN South Sudan may at any time assign this Agreement in part or totality to any party without such assignment being considered as a change in this Agreement, and without notice to the Subscriber. However, the Subscriber shall not assign its rights and/or obligations envisaged by this Agreement without the prior written consent of MTN South Sudan
c. Notices. Written notices to the Subscriber shall be effective three (3) days after the day it was deposited in the mail addressed to the Subscriber's address, as indicated in the Subscriber's account file at MTN South Sudan’s premises. Or immediately upon delivery in cases of delivery by electronic means (i.e.) e-mail or short messaging services. The Subscriber shall notify MTN South Sudan of any changes in address. Written notice to MTN South Sudan shall be effective when directed to and received by the MTN South Sudan Customer Care and Services Department Manager and/or the MTN South Sudan Company Secretary and Legal Manager.
d. Entire Agreement. These general terms and conditions together with all other documentation directly or indirectly made part of this Agreement represent the entire agreement between the parties, which may only be amended as envisaged by this Agreement. This Agreement supersedes any inconsistent or additional promises made to the Subscriber by any of MTN South Sudan's employees, agents, dealers and/or representatives. If any part of this Agreement is declared invalid by any authority with the mandate to make such declaration, the remainder of the Agreement shall remain valid.
e. Governing Laws. This Agreement shall be governed and construed in accordance with the laws of the Republic of South Sudan and is subject to all regulations imposed by the South Sudan Communications Regulator.
f. Other MTN services. The Subscriber may receive special promotions or discounts for other services offered by MTN South Sudan in connection with the use of certain services. The said promotions and/or discounts terminate upon termination of this Agreement.
g. Capacity. The Subscriber represents that it/he/she bares the capacity and is legally competent in regard to adulthood or due registration and incorporation in South Sudan to enter into this Agreement and that it/he/she is not aware of any disability or lack of legal capacity that would prevent it/he/she from entering into a legally binding agreement with MTN South Sudan.
h. Where the Subscriber subscribes for more than one line and fails to honour its/his/her obligations in respect of any of the lines subscribed for, MTN South Sudan reserves the right in its discretion, to take action in accordance with this Agreement in respect of the said line without prejudice to the other lines that are not in default. (Such actions shall include but not be limited to suspension, disconnection, surcharge, and any other remedy provided herein.
MTN Purchase Orders Policy
1. The standard terms and conditions of purchase below are applicable to every purchase order issued by MTN. However, in some circumstances due to the nature of the goods/services, supplemental terms and conditions of purchase have to be developed and agreed to between buyer and supplier. Supplier’s electronic acceptance, acknowledgement of this Purchase Order or commencement of performance constitutes Supplier’s acceptance of these terms and conditions. If a contract agreement covering procurement of products or services as per Purchase Order exists, the terms of such contract agreement shall prevail over any inconsistent terms herein.
2 .MTN declares that this order has been awarded on a competitive and open business basis, with the full understanding that the order has been placed without any commissions or any other form of inducement (bribe) being paid by the supplier to any member of MTN staff. Where there is evidence of malpractices involving MTN staff in securing this order then MTN will immediately report the matter to the appropriate regulatory and statutory authorities for legal redress. The supplier by agreeing to supply the goods and services to MTN shall also have agreed to pay back to MTN the amount, twice of the purchased value, as a penalty for any proven violations contained within the Clause.
1. Goods and services
1. The goods and services described in this Purchase Order (the "PO") are provided by Supplier, subject to the following terms and conditions. Supplier agrees to be bound by and to comply with all such conditions. Other terms and conditions are not binding unless accepted in writing.
2. Time is of essence in Supplier’s performance of its obligations as stipulated in the Purchase Order. Supplier will immediately notify MTN Procurement if Supplier’s timely performance under the Purchase Order is delayed or is likely to be delayed. MTN’s acceptance of Supplier’s notice will not constitute MTN’s waiver of any of Supplier’s obligations.
If Supplier delivers Goods and Services after delivery date, MTN may reject such Goods and Services.
3. MTN will hold any Goods and Services rejected under this Purchase Order at Supplier’s risk and expense, including storage charges, while awaiting Supplier’s returns shipping instructions. Supplier will bear all return shipping charges, including without limitation, insurance charges MTN incurs on Supplier’s behalf. MTN may, in its sole discretion, destroy or sell any rejected Goods and Services for which MTN does not receive return shipping instructions within a reasonable time, and apply the proceeds, if any, towards any storage charges.
4. Supplier will preserve, pack, package and handle the Deliverables and Products so as to protect it from loss or damage and in accordance with best commercial practices in the absence of any specifications MTN may provide. Without limiting the foregoing, Supplier shall observe the requirements of any local laws and regulations relating to hazardous Goods and Services, including, without limitation, with respect to its accompanying information, packing, labeling reporting, carriage and disposal.
5. Supplier will include with each delivery of Products a packing list identifying the Purchase Order number, part number for each of the Products, and the date of shipment.
6. Unless MTN Procurement expressly instructs otherwise, Supplier will deliver all Goods and Services to MTN Warehouse at the address set forth in the Purchase Order.
2. Purchase price and payment
1. Unless otherwise specified in the Purchase Order, the price for the Goods and Services includes tax and other charges such as shipping and delivery charges. Supplier will at MTN’s request break-out from the price all such tax and other charges in its invoice.
2. MTN will pay Supplier the price in accordance with payment terms set forth in the Purchase Order following the later of: (1) the Delivery Date; (2) the date of MTN’s acceptance of all the Goods and Services; or (3) MTN’s receipt of a properly prepared invoice. A properly prepared invoice must include the Purchase Order number. Payments will be in the currency as indicated on the Purchase Order. All prices shown in this Purchase Order are firm and are not subject to adjustment.
3. In principle, MTN does NOT provide advance payments against Purchase Orders. Suppliers are encouraged to consult with their bankers for funding requirements. In exceptional cases, where MTN decides to provide advance payment, such payment must be covered by an acceptable form of surety provided by the Supplier.
3. Method of shipment or packing
Goods are packaged in a manner which assures that they are suitable protected against deterioration and contamination. All goods are delivered to the delivery address specified in the Purchase Order. Title and risks remain with Supplier until delivery.
4. Inspection and rejection
The goods and services furnished are exactly as specified in the PO. They are free from all defects in design. The goods and services are subject to inspection and verification test acceptance by MTN at any time and place.
MTN may reject any or all Goods and Services which does not conform to the applicable requirements within 10 business days after delivery. At MTN’s discretion, non-conforming Goods and Services may be returned to Supplier at their cost.
1. MTN may make changes to this Purchase Order including to drawings and specifications for specially manufactured goods, place of delivery, by giving notice to Supplier. If such changes affect the cost of or the time required for performance of this Purchase Order, an equitable adjustment in the price or date of delivery or both will be made.
2. No change by Supplier is allowed without written approval of MTN. Any claim of Supplier for an adjustment under this Article must be made in writing within seven (7) days from the date of receipt by Supplier of notification of such change. Nothing in this Article excuses Supplier from delivering the goods and services described in this Purchase Order.
1. Supplier warrants to MTN that goods supplied under this PO are free from defects in material, and design, suitable for the purposes intended implied, in compliance with all applicable specifications. All services are performed in accordance with current, sound and generally accepted industry practices by qualified personnel trained and experienced in the appropriate fields.
7. Assignment and subcontracting
1. Supplier may not assign any of its rights or delegate any of its obligations under the Purchase Order without MTN’s prior written consent, which MTN will not unreasonably withhold. MTN may, at its option, void any attempted assignment or delegation undertaken without MTN’s prior written consent.
2. Supplier may not subcontract any of its rights or obligations under the Purchase Order without MTN’s prior written consent. If MTN consents to the use of a subcontractor, Supplier will: (1) guarantee and will remain liable for the performance of all subcontracted obligations; (2) indemnify MTN for all damages and costs of any kind caused by acts and omissions of Supplier’s Subcontractors and (3) make all payments to its subcontractors.
3. If Supplier fails to timely pay a Subcontractor for Goods and Services performed, MTN will have the right, but not the obligation, to pay the Subcontractor and offset any amount due to Supplier by any amount paid to the Subcontractor. Supplier will defend, indemnify and hold MTN harmless for all damages and costs of any kind, without limitation, incurred by MTN and caused by Supplier’s failure to pay a Subcontractor.
4. To the extent allowed by applicable law, no person who is not a party to Purchase Order shall be entitled to enforce or take the benefit of any of its terms whether as a result of applicable legislation, custom or otherwise.
1. The Purchase Order will remain in effect with respect to any SCOPE OF WORK already issued prior to expiration of the term of the Purchase Order until such SCOPE OF WORK is either terminated or the Goods and Services is completed and accepted.
2. MTN may terminate this Purchase Order, any SCOPE OF WORK, or both at any time, for no reason or for any reason, upon 15 days written notice to supplier. Upon receipt of notice of such termination, Supplier will inform MTN of the extent to which it has completed performance as of the date of the notice, and Supplier will collect and deliver to MTN whatever Goods and Services then exists. MTN will pay Supplier for all Goods and Services performed and accepted through the effective date and termination, provided that MTN will not be obliged to pay any more than the payment that would have become due had Supplier completed and MTN had accepted the Goods and Services. MTN will have no further payment obligation in connection with any termination.
3. Either party may terminate this Purchase Order, any SCOPE OF WORK or both, immediately by delivering written notice to the other party for any material breach not cured within 30 days of receipt of notice of the breach. MTN shall have no further payment obligation to Supplier under any terminated SCOPE OF WORK if MTN terminates the SCOPE OF WORK.
Any obligations or duties which, by their nature, extend beyond the expiration or termination of the Purchase Order shall survive the expiration or termination of the Purchase Order.
1. If MTN and Supplier have entered into a Non-Disclosure Agreement (“NDA”) which covers disclosure of confidential information under the Purchase Order, and if the term of the NDA expires before the expiration or termination of the Purchase Order, then the term of the NDA shall be automatically extended to match the term of the Purchase Order.
2. The parties shall treat the terms, conditions and existence of the Purchase Order as Confidential Information as defined in the NDA.
3. Supplier shall obtain MTN’s written consent prior to any publication, presentation, public announcement, or press release concerning its relationship as a supplier to MTN.
Supplier shall defend, indemnify and hold MTN harmless from and against any and all Claims as incurred, arising out of or in connection with any (1) act or omission of Supplier (including its Subcontractors) in the performance of the Goods and Services; or (2) any infringement of a third party’s Intellectual Property Rights or any other rights.
Supplier will secure and maintain insurance providing coverage for liabilities to third parties for damage to property in amounts sufficient to protect MTN in the event of such damage.
This Purchase Order is assignable by MTN. This Purchase Order may not be assigned by Supplier without written approval of MTN. In case such consent is given, Supplier remains liable as if no such transfer has been made.
A party is in default of its obligations under this Purchase Order if any of the following events occur, namely:
1. such party is adjudged bankrupt or insolvent by a court of competent jurisdiction, or otherwise becomes insolvent, as evidenced by its inability to pay its debts generally as and when they become due; or
2. such party is in default of its obligations hereunder and fails to cure such default within thirty days of written notice from the other party, or if such default cannot be cured within thirty days, within such longer period as may be reasonable, provided the defaulting party commences promptly and diligently proceeds with curing the default.
Upon the occurrence of any of the above events, the party not in default may, by written notice to the defaulting party, terminate this Purchase Order without prejudice to any other right or remedy available to it at law and without liability for such termination. Neither the Supplier nor MTN shall be liable to the other for indirect damages, for loss of profit or for damages arising from loss of use or production.
This Purchase Order may be terminated or suspended by MTN in whole or in part. MTN then delivers to the Supplier a written notice specifying the extent to which performance and/or the deliveries of goods and services under this Purchase Order is terminated and/or suspended and the date upon which such action shall become effective. In the event of such action, MTN shall pay Supplier for the goods and services satisfactorily provided to the effective date of termination or suspension. In this case, Supplier may submit a proposal to MTN for equitable increase in the prices to account for costs of demobilization and direct termination expenses. The termination of this Purchase Order shall discharge any further obligations of either party.
15. Force Majeure
Supplier shall not be liable for default or delay due to causes beyond Supplier's reasonable control and without fault or negligence on the part of Supplier. The Supplier gives MTN prompt notice in writing when any such cause appears likely to delay deliveries and/or performances of services and takes appropriate action to avoid or minimize such delay. If any such default or delay threatens to impair Supplier's ability to meet delivery requirements for its material, supplies and services, MTN shall have the right, without any liability to Supplier, to cancel the portion or portions of this Purchase Order so affected. MTN shall not be liable for default or delay in the performance of its obligations due to cause beyond its reasonable control.
16. Governing Law
The validity, interpretation, and performance of this Purchase Order shall be controlled by and construed under the laws of the Republic of South Sudan.
17. Penalty clause(s)
MTN has the right to impose penalties for late delivery of Goods and Services. The Supplier is compelled to deliver Goods and Services within the accepted delivery timeframe agreed to. Delivery of Goods and Services.
This is also reflected on the Purchase Order. As a general rule all suppliers of goods, equipment, and services who deliver them late shall be subject to a penalty charge that varies from 1% of to a maximum of 5% within a period of 28 calendar days. The days duration includes Saturdays, Sundays and Public Holidays.