The following terms and conditions refer to the offer, acceptance and consideration necessary for the Customer to participate in the use of the MTN’s XtraByte service. By using this product, you are deemed to have read and agreed to the following Terms and Conditions.

The following terms and conditions refer to the offer, acceptance and consideration necessary for the Customer to participate in the use of the MTN’s XtraByte service. By using this product, you are deemed to have read and agreed to the following Terms and Conditions.

The following terminology applies to these Terms and Conditions:

1.1. “Customer“, “You” and “Your” refers to you, the person participating in this service and accepting MTN‘s Terms and Conditions.

1.2. “MTN“, “We” and “Us“, refers to MTN Nigeria Communications PLC.

1.3. “MTN XtraByte” refers to this product, the subject matter of these Terms and Conditions, which allows eligible prepaid Customers access data on credit when their data balance is low.

1.4. “Party” and “Parties” refers to either the Customer or MTN and both the Customer and MTN respectively.

1.5. “Service” refers to the MTN XtraByte service being provided by MTN pursuant to these terms and conditions.

1.6. “XtraByte Account” refers to the dedicated account which will be created when a Customer’s request for advance data is approved. It will be credited with the total data volume requested and the service charge of 15% (fifteen percent) will be added to the data bundle amount.

Any use of the above terminology or other words in the singular, plural, capitalization is taken as interchangeable and therefore referring to same. And any reference to natural persons include legal persons and vice-versa and references to any gender includes reference to the other gender and vice-versa.

2.1. The Service will be available to eligible prepaid Customers only.

2.2. Eligibility criteria for the Service includes but is not limited to the following:

• SIM must be prepaid;
• SIM must be registered;
• Customer’s main account balance must be between N49.99 (Forty Nine Naira, Ninety Kobo) and N750 (Seven Hundred and Fifty Naira) depending on the band of data being requested;
• MTN’s consideration of Customer’s average monthly spend of N200 (Two Hundred Naira) monthly for 3 (three) months;
• Customer must have paid up any previous XtraByte request and the charges associated thereto;
• The Service is open only to persons of 18 (eighteen) years and above. By clicking on Accept, you certify that you are above 18 (eighteen) years and acknowledge that you are fully bound by the legal and other consequences of the Service as contained in these Terms and Conditions.

3.1. The Service can be accessed via the following channels:

• USSD code by dialing *303#
• SMS by sending keywords to 303
• IVR by dialing 303
• MyMTNApp
• MTN Zigi
• FaceBook

4.1. Different credit bands are available to different customers, depending on the Customer’s profile (tenure on network, spend frequency, etc). Available credit bands include:

• XtraByte 40MB Daily Bundle
• XtraByte 100MB Daily Bundle
• XtraByte 1GB Daily Bundle
• XtraByte 2GB 2-Days Bundle
• XtraByte 200MB 3-Days Bundle
• XtraByte 350MB Weekly Bundle
• XtraByte 1GB Weekly Bundle
• XtraByte 6GB Weekly Bundle
• XtraByte 750MB Bi-Weekly Bundle
• XtraByte 1.5GB Monthly Bundle
• XtraByte 2GB Monthly Bundle
• XtraByte 3GB Monthly Bundle
• XtraByte 4.5GB Monthly Bundle
• XtraByte 6GB Monthly Bundle
• XtraByte 12GB Monthly Bundle
• XtraByte 20GB Monthly Bundle

4.2. Other MTN XtraByte data plans can be introduced and/or existing data plans withdrawn as the need arises without prior notice to Customers.

4.3. MTN XtraByte data will be loaded in a special XtraByte Account for successful requests.

5.1. A Service charge of 15% (fifteen percent) of the requested data is charged per successful request. The service charge will be added to the bundle amount.

5.2. Any airtime in a Customer’s main account prior to requesting for MTN XtraByte will be used to partly offset any approved MTN XtraByte request immediately the Customer’s XtraByte Account is credited.

6.1. Data used by a Customer will be charged from his/her XtraByte Account and not from the main account once the XtraByte Account has been credited.

6.2. XtraByte data can be used for all data activities on the MTN network.

6.3. A Customer will NOT be able to transfer data from her/his XtraByte Account using MTN Data Share.

6.4. A Customer must recharge her/his main account via any of the available physical, logical or virtual recharge channels to payback the MTN XtraByte data borrowed. The amount borrowed is first deducted from the recharge amount and the balance, if any, will then be loaded in the Customer’s main account.

6.5. In cases where the recharge amount is less than the outstanding MTN XtraByte amount, subsequent recharges will be used to recover whatever is outstanding until the loan is fully recovered.

6.6. When a Customer exhausts her/his MTN XtraByte data, the Customer will not be able to perform chargeable data activity until the XtraByte data advanced to her/him is paid back in full by recharging her/his account. However, a Customer will still be able to use the data bonus for other data activities, call Customer care or any other toll-free number when his/her XtraByte data has been exhausted.

6.7. A Customer will still be able to receive calls when his/her XtraByte data has been exhausted.

6.8. Whenever a Customer recharges using a different recharge code, e.g. “Awuf4U”, the XtraByte data borrowed will first be deducted from the amount recharged, the balance and its associated bonus will then be loaded into their respective dedicated accounts.

6.9. A Customer will be required to pay back the full amount of data borrowed even if the MTN XtraByte data has not been used at all.

6.10. In cases where a Customer has data in both her/his main account and XtraByte Account, any data activity will first be charged from the XtraByte Account before being charged from the main account.

6.11. There’s no limitation on the number of times a Customer can borrow MTN XtraByte data, as long as the Customer has no outstanding MTN XtraByte payment, meets all other eligibility criteria and is within his/her credit limit.

6.12. Where a Customer has failed to make repayment of the MTN XtraByte data borrowed including the applicable 15% (fifteen percent) Service fee for use of the Service, within the repayment period of 180 (One Hundred and Eighty) days from the date of request of the MTN XtraByte, the Customer would no longer be granted access to the Service until the full value of the loan has been paid by the Customer. Thereafter the Customer will be permitted to access the Service, if eligible, after monthly profiling of the Customer in line with these Terms and Conditions.

6.13. In line with the above provision, and where the Customer’s phone number appears to be abandoned or no longer in use, MTN will exercise its right to submit the Customer’s default of payment to any Credit Reporting Agency and the Customer hereby absolves MTN of any liability in this regard.

The Customer’s attention is specifically drawn to the provisions of these conditions which limit the liability of MTN:

7.1. Except as expressly set out in these Terms and Conditions, all warranties, and representations, whether express or implied, and whether arising in contract or under common law or by statute are excluded to the fullest extent permissible by law.

7.2. In no event shall MTN or any officer, staff or employee of MTN be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with the Service or its terms.

7.3. MTN (and its third-party service providers, affiliates and contractors) is hereby authorized to collect, retain, process, transfer and use the Customer’s personal data for the purpose of providing the Service, improving the Customer’s experience, for marketing purposes, for determining the credit scoring and for submitting the Customer’s credit information to any Credit Reporting Agency as required by law. The Customer hereby absolves MTN of any liability in this regard. The Customer fully consents to the use of any such information obtained and recognizes that such use is not a breach of MTN’s (and its third-party service providers, affiliates and contractors) obligation to protect the Customer’s privacy in that regard.

7.4. It is acknowledged that all MTN services including MTN XtraByte are provided subject to the MTN Consumer Code of Practice.

8.1. You acknowledge and agree that MTN reserves the right to revise these terms and conditions at any time for any reason and reserves the right to make changes at any time, without notice of obligation, to

any of the information and materials contained under these terms and conditions. You further acknowledge and agree that by use of this product, you will be bound by any such revisions to the Service, and that you shall periodically visit the MTN website (www.mtnonline.com) to review these terms and conditions.

8.2. MTN reserves the right to amend or cancel the terms of this Service or to withdraw the service entirely without notice.

This service shall be governed by and construed in accordance with Nigerian Law and the parties submit to the jurisdiction of the Courts of the Federal Republic of Nigeria.