Terms and Conditions

Welcome to the MTN Nigeria Job Application Portal. Before you proceed to review and consider any of the jobs on the MTN website, please read this important message – we promise that it will only take a minute to scan through.

MTN Nigeria Communications PLC holds itself and its employees to high ethical standards. Accordingly, MTN will never ask you to make payment of any kind to facilitate ANY recruitment process.

MTNN will not be held liable for the fraudulent use of its name or materials in any manner whatsoever, including but not limited to publication of job offers, candidate application forms or requests for candidate information, invitation to interviews, placements, etc.

MTN Nigeria Communications Plc (MTNN) is an employer of equal opportunity. No applicant shall be discriminated against based on race, colour, gender, tribe, ethnic origin, nationality, religion, creed, political preference and/or affiliation, age, marital status, disability or any other category protected by federal, state and local legislations.

MTN Nigeria Communications Plc (MTNN) prohibits employment of any person under the age of eighteen (18) years. It is a requirement for any person seeking employment into MTNN to present a copy of a valid age declaration or birth certificate as part of employment data.

Interns provided with on the job training are not considered employees therefore the minimum age requirement of eighteen (18) years does not apply to them.

The Pulse Digital Army (the “Activation”, “PDA“) is built on the premise of driving communication and education of both new and existing products and services at the last mile, leveraging social media networks.

The PDA plans to drive consistent and unified communication of youthful MTN propositions and campaigns across social networks, championed by campus representatives nationwide. It is safe to say that with the new normal, everyone (especially youths) now live online.

The Pulse Digital Army (PDA) will be made up of 50 social savvy students with a cumulative following of 10,000 on any 3 social media platforms (Instagram, Facebook, Twitter, WhatsApp, TikTok) from higher institutions across the regions.

In this Terms and Conditions (“Terms”), where the context so admits:

“Army” shall refer to the Participants selected during the Recruitment Period, for the Activation;

“Designated Online Platform” shall refer to the Pulse page on the MTN website www.mtnonline.com/pulse with an embedded Google Form.

“Entry/Entries” shall refer to any content uploaded by a Participant on the Google form embedded on the Pulse webpage.

“MTN/We/Us” shall refer to MTN Nigeria Communications Plc;

“Influencer” shall mean a member of the Army;

“Participant(s)” shall refer to every eligible individual in Tertiary Institutions in Nigeria who indicates interest and participates in the Activation. Employees and relatives of MTN, and Employees and relatives of MTN’s Partners and Vendors are prohibited from participating in the Activation;

“Parties” shall refer to MTN Nigeria Communications Plc and the Participant(s) together; and

“Party” shall refer to MTN Nigeria Communications Plc and each Participant individually.

“Personal Information” shall refer to any information relating to an identified or identifiable natural person, including those identified under clause 10 and as defined under the Nigerian Data Protection Regulation;

“Privacy Policy” shall refer to MTN’s privacy policy which is accessible at https://www.mtnonline.com/data-privacy-policy; and

“You/your” may also be used to refer to a Participant.

These Terms set out the contractual framework for participation at the different levels of the Activation from the selection process to when the Influencers are announced. Once accepted, it becomes a binding agreement between a Participant and MTN.

In order to participate in the activation, Participants must agree to these terms and conditions. You accept that you have read these Terms prior to submitting Your Entry to ensure You understand and You agree to be bound by these Terms. You agree that the submission of your information and agreement to be selected as a Pulse Digital Army member constitutes your acceptance of these Terms. These Terms form a binding legal agreement between You and MTN with respect to the Activation. All requirements within these Terms will be strictly enforced.

These Terms shall be read in conjunction with all official information about the Activation on MTN’s website and MTN Pulse website (the “Website”) as well as any MTN designated online platform. These Terms shall supersede any conflicting information on the Website or MTN designated online platform.

a. Participant must be an MTN subscriber.
b. All valid Entries must be received through the Designated Online Platform.
c. Every submitted entry must adhere to the specified requirement and submitted within the Call for Entry Period.
d. Participant must be between the ages of 16 and 25 and be a Tertiary school student in Nigeria during the Activation Period as defined below.
e. Participants must be resident in Nigeria.
f. Participants must ensure that entries align with the specified requirements.
g. All Participants must indicate consent to and/or sign these Terms by themselves and any additional document to be provided by MTN at the different levels of participation in the activation.
h. Participants must be active on at least three (3) social media platforms (Facebook, TokTok, Snapchat or Instagram) with a cumulative following of at least 10,000.

Entries shall be received and reviewed for a period of two (2) weeks (Call for Entry Period) and one (1) week respectively (the Recruitment Period) from the date announced by MTN. The Activation shall then commence from the day after the date of expiration of the Recruitment Period and shall continue for three (3) months (“the Activation Period”).

To participate in the Activation, visit the Website during the “Call for Entry Period” and follow the instructions for submitting the Entry.

All Entries shall be reviewed by a panel of judges together with MTN representatives during the Recruitment Period. The top fifty (50) students who fit the criteria shall be selected by an in house team and included in a WhatsApp group.

a. All relevant regulations apply.
b. MTN reserves the right to disqualify Your Entry from the Activation if, in MTN’s sole discretion, MTN reasonably believes that You have attempted to undermine or actually undermined the legitimate operation of the Activation by cheating, deception, plagiarism, passing off or other unfair playing practices or threatening or harassing or inducing any other Participant (online or offline), MTN, or the judges.
c. You acknowledge that the submission of Your Entry in to the Activation is without any guarantee or assurance of any sort or for reward to You and/or any compensation for any fees that may have been incurred by You in submitting Your Entry.
d. You agree and understand that you shall have no claims against MTN whatsoever in connection with Your Entries. Any participation in the Activation is entirely at Your own risk and in no event shall MTN be liable for any direct, indirect, incidental or consequential damages.
e. Subject to the foregoing, we reserve the right to change these Terms at any time without notice. By continuing to participate in the Activation, You will be deemed to have accepted these and any varied terms and conditions which may be posted on the Designated Platform.
f. MTN reserves the right to cancel the Activation at any time for any reason whatsoever in its sole and absolute discretion without any obligation to furnish any reasons or provide any compensation.

Entries are void if they are in whole or part illegible, inaccessible or partially accessible, inaudible or partially audible, incomplete, altered, counterfeit, in a non-text format, or submitted outside the Activation Period. During the Recruitment Period, MTN, its agents, and/or the judges shall evaluate each Entry to ensure that it meets MTN’s requirements. MTN reserves the right, in its sole discretion, to disqualify Your Entry. If requested, You shall provide any such required document within three (3) days following a request by MTN, otherwise, You will be deemed to have withdrawn Your Entry.

Successful Participants shall be notified by MTN, on their selection during the Recruitment Period. If requested by MTN, the Participant must provide any required document or information during and after the Recruitment and Activation Periods, otherwise the Entry of the Participant shall be deemed to be withdrawn.

Subject to the foregoing, MTN reserves the right to change these Terms at any time without notice. By continuing to participate in the Activation, the Participant will be deemed to have accepted these Terms & Conditions and any varied terms and conditions which may be posted on the Website or circulated by MTN. MTN reserves the right to cancel the Activation at any time for any reason whatsoever in its sole and absolute discretion without any obligation to furnish any reasons and without any obligation to You.
8.1. Monthly rewards for the Army shall be 40GB data bundle,
8.2. The top performing Influencers each month may receive additional rewards including shopping vouchers, Pulse gift items and such other reward as MTN may determine.
8.3. There is no alternative reward or cash alternative and reward cannot be transferred to any other person. We may alter arrangements or reward should this be deemed necessary by us. Rewards are not transferable.
8.4. The selection of the Army or Influenceris final, and at MTN’s sole discretion. No correspondence or discussion will be entered into by us in relation to this.
8.5. MTN via its designated personnel will make all reasonable efforts to contact participant. If any participant cannot be contacted or is not available within three(3) days after contacting the participant or any such other time as communicated by MTN, the Participant will lose their slot as a potential Influencer withinthe Army
8.6. MTN via its designated personnel may ask You to provide documentary proof of Your identity and/or address and/or school and/or social media following before selecting you to be part of the PDA and award of the prize. The use of a false name or address or school or social media handle will disqualify you from being part of the PDA and receiving any prize.
8.7. Each Influencer shall only upload the content provided to him/her by MTN via its designated channels. For the avoidance of doubt, each Influencer shall not upload any content relating to the Activation which was not approved by or provided by MTN.

By submitting a Content or Entry in this activation, You warrant and represent that You own all of the intellectual property and proprietary rights in and to the Content. You shall indemnify MTN and its partners from any claims and liability whatsoever and howsoever arising in connection with an allegation of or actual breach of intellectual property or other proprietary rights to the Content.
MTN shall retain ownership and control of the Content.

By accepting the terms and conditions, you confirm that you have been granted the license in relation to all content relating to the activation.

Additionally, You accept that MTN possesses all licensed rights over all content you upload on your social media handles regarding this Activation and hereby indemnify and hold MTN harmless against any claim, loss or liability, howsoever arising in connection with the uploaded pictures.

Unless otherwise expressly stated herein, each Party shall retain their intellectual property relating to this Activation and nothing herein shall constitute a transfer of intellectual property between the Parties,

The Activation, the Website, the features within the Website and the Designated Online Platform, all related trademarks, logos, taglines, trade names, copyrights and all intellectual property and features within the Activation are protected by intellectual property rights belonging to MTN or to our licensors. No license is granted to You in respect of any of these, except to the extent required for Your personal use of the Website or for submitting an Entry, in accordance with these Terms. MTN and any other MTN product are trademarks of MTN and You shall not be entitled to reproduce such marks without MTN’s prior written consent.

MTN may collect certain Personal Information during the course of your sign up, submitting an Entry and, generally, in the course of the Activation. Such information shall include but may not be limited to your name, location, mailing address, phone number, email address, school location, age, social media handles, interest, and experiences. By accepting these terms and conditions you consent to MTN’s processing, storage and sharing of your Personal Information. All Personal Information shall be stored, processed and dealt with in line with MTN’s Privacy Policy.

The Personal Information collected by MTN shall be used for identifying you as a Participant during the activation as may be applicable, to facilitate appropriate profiling and engagements with the Participants during the Activation, for statistical purposes, contact purposes, and other ancillary purposes as well as in any other circumstance as prescribed by law or further to the purpose of MTN’s telecommunication business.

Participant also unequivocally consents to and grants MTN right to use such Personal Information to verify the Participant’s identity, and telephone number whenever required in the course of the Activation.

Participants completely excludes and indemnifies MTN from any claims and liability whatsoever and howsoever arising in connection with malfunction of the entire Activation portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Entry materials or Personal Information, due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions or any other event beyond MTN’s control, which may limit your ability to participate.

This clause shall be read in conjunction with MTN’s Privacy Policy which sets out in full how your information shall be processed and also sets out your rights over your Personal Information.
10. Non-Disclosure and Confidentiality

Every information, content, event, or incident related to this Activation “Confidential Information”) shall be treated with utmost secrecy and confidentiality by the Participant. Except where authorized by MTN in writing, no Participant shall disclose such Confidential Information) to any third party whatsoever.

Where Confidential Information is released to or accessed by any Participant in accordance with the requirement under this clause, such Participant shall take all reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of any data and Confidential Information; except upon the prior written authorization of MTN.

The provision of this clause shall continue to apply even after the cancellation or completion of the Activation. The Participant shall erase or cause to be erased all Confidential Information of MTN and data released to or accessed by the Participant. The Participant shall provide a written confirmation of the aforementioned deletion to MTN.
Additionally, if so required by law or valid legal or regulatory process, the Participant may disclose such Confidential Information, but only following notice by the Participant to MTN of the requirement to disclose and reasonable cooperation with any attempt by MTN to maintain the confidentiality of such Confidential Information.

MTN may share Your details with its partners or service providers for the purpose of providing rewards on its behalf, and any sponsors or partners involved in this Activation.

By participating in this activation, you warrant that all the information provided in your entry is accurate, every content (post or skit regarding an MTN campaign) you put out during the course of this Activation is/are as approved or provided by MTN.

You agree not to submit any Content that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity or confidentiality obligations; or (2) is already submitted, for whatsoever purpose, to a competitor of MTN; or (3) otherwise violates the applicable state, federal, local or provincial law.

To the maximum extent permitted by law, You indemnify and agree to keep indemnified MTN and its affiliates at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from Your actions, default or omission and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless MTN and its affiliates from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any Content or other material uploaded or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by You in connection with the Activation (c) any non-compliance by You with these Terms; (d) claims brought by third parties arising from or related to Your involvement with the Activation (e) misuse or participation in any activation -related activity or participation in this Activation (f) any malfunction or other problem with the Website or Designated Online Platform arising from your misuse of the Website; or (g) any error in the submission of Entry information. You further indemnify MTN and its officers, directors, employees, servants, agents or contractors or other persons against any loss, damage, liability, claim or demand by third parties in relation to Your breach of these Terms.

Any false information provided within the context of the Activation by You concerning identity, school, age, address, telephone number, email address, social media handles and followership, ownership of right or non-compliance with these Terms or the like shall result in Your immediate elimination from the Activation.

MTN and its affiliates are not responsible for any malfunction of the entire activation portal/channel or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed content or Entry materials due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet during the activation or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Your ability to participate.

Participant must only upload content provided by or approved by MTN.

You shall not include cutouts or any parts from third party videos, or third party sound tracks on your social media posts. Your content should also not contain any programming that would cause harm to MTN network in any manner.

You understand and accept that the submission of any unacceptable content shall be a ground for Your automatic disqualification from the activation.

Failure to abide by the guiding rules of this Activation will amount to an automatic disqualification, as participant will forfeit participation.

If for any reason the activation is not capable of running as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the activation, MTN reserves the right at its sole discretion to cancel, terminate, modify or suspend the activation. MTN further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the activation or the Website. Any attempt by a Participant to deliberately damage the Website, or undermine the legitimate operation of the activation is a violation of criminal and civil laws and should such an attempt be made, MTN reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.

These Terms shall be governed by, subject to, and construed in accordance with the laws of the Federal Republic of Nigeria.

In the event of a dispute or conflict between the Parties in connection with or in relation to the Activation, these Terms or its performance, such dispute shall first be amicably settled as soon as possible at the senior management level of MTN by representatives of both Parties. All such representatives of the Parties shall be referred to as ‘Settlement Nominees’ and the period agreed on for such discussion shall be referred to as “Period of Discussion”.

If the dispute is not resolved by formal negotiation as stated above within fourteen (14) Business Days of the notice of dispute, the dispute shall be referred to mediation. The mediation shall be conducted by a CEDR UK accredited mediator or any other equivalent accredited mediator to be appointed by the Parties. The Lagos Multi-Door Court House Model Procedure Rules 2007 shall apply. For the avoidance of doubt, in the event that the Parties are unable to agree on the appointment of a mediator within one (1) month, the Parties shall proceed to litigation as stated above.

In the event the dispute is still not resolved after fourteen (14) Business Days of its being referred to mediation as specified above, each Party irrevocably agrees that the dispute shall be finally resolved by a Nigerian court of competent jurisdiction which shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the Activation, its subject matter or formation.

If any of the provisions of these Terms are deemed not enforceable by law, all other provisions outlined in these Terms will still apply while the unenforceable provision will be severed here from.

Except as expressly provided herein, MTN shall not be liable to any Participant for any liability or expenses, damages, or injuries suffered as a result or in connection with the Activation.

For more information about “MTN Pulse Digital Army Activation”, please reach out to us on any of the following channels:
Phone number: 180
Email: mtn.mpulse@mtn.com
Instagram: @mtnng
Twitter: @mtnng

MTN shall not be liable for any damage, loss or disappointment suffered by you taking part or not being able to take part in this Activation, or from being unable to claim your prize.

Insofar as is permitted by law, MTN, its agents or distributors will not in any circumstances be responsible or liable to compensate the Army or any Influencer or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up a prize except where it is caused by the negligence of MTN, its agents or distributors or that of their employees. Your statutory rights are not affected.

Copyright © 2021 MTN Nigeria Communications, Plc. All rights reserved.
MTN Nigeria Communications Plc. MTN Plaza, Falomo, Ikoyi, Lagos, Nigeria.

1.1. “Activation” means the grant of full access (ability to send and receive calls/SMS and enjoy the full range of services) typically provided on the MTN Network.

1.2. “Activation Date” means the date when having completed SIM registration in line with the provisions of clause 5 below, the line is activated and given full access to the MTN network.

1.3. “Airtime” means the amount a subscriber has in her/his main or dedicated account to enjoy all Network Services.

1.4. “GSM” means Global System for Mobile Communications as defined in the European Technical Standards Institute of specifications.

1.5. “IMSI” means International Mobile Subscriber Identity being an identity number unique to each SIM Card.

1.6. “Load” means to load a Recharge Card (please see clause 1.12) on the MTN Pre-paid SIM Card so that the Subscriber’s line is credited with the call credit and/or the discount specified thereon.

1.7. “MSISDN” means the Mobile Subscriber International Subscriber Directory Number (otherwise known as the mobile telephone number) programmed into each SIM Card.

1.8. “MTN” means MTN Nigeria Communications Plc, a public limited liability company with RC number 395010, registered in accordance with the laws of the Federal Republic of Nigeria and licensed by the Nigeria Communications Commission (“NCC”) to provide digital telephony and related services. MTN shall where the context so admits include its successors-in-title and assigns.

1.9. “Network” means the digital mobile (cellular) telephony system operated by MTN by which the Network Services are made available by MTN.

1.10. “Network Services” means those GSM Telecommunications services and related services, including Value Added Services, made accessible to the Subscriber by MTN in terms of this Agreement.

1.11. “Pack” or “Kit” means the package containing an information sheet describing the Network Services and SIM Card which the Subscriber will receive upon purchasing Terminal Equipment and/or a SIM Card.

1.12. “Recharge Card” means the Refill Voucher (either physical or virtual) which, when loaded, gives the Subscriber Airtime to enjoy Network Services to the value indicated thereon, subject to clause 6.

1.13. “SIM Card” means a Subscriber Identification Module (incorporating an IMSI and MSISDN) which when activated by MTN provides a Subscriber using a compatible Terminal Equipment with access to Network Services.

1.14. “Subscriber” means the individual in whose name an MSISDN is registered.

1.15. “Terminal Equipment” means GSM Terminal and accessories thereto utilized by the Subscriber to send and /or receive messages via the Network (commonly referred to as a mobile handset).

1.16. “Value Added Services” means all non-core/non-standard services provided by and designated as such by MTN or any of its third party content providers which are part of the Network Services except that they may be provided to a Subscriber under certain package options to the exclusion of other package options, or may be provided at additional charges and may be introduced or withdrawn by MTN at its discretion from time to time.

Your mobile telephone number (“MSISDN”) will only be generated after the SIM is inserted into a Terminal Equipment.

The instructions to connect your SIM Card to the Network are available on the MTN website: www.mtnonline.com

If you do not undertake a revenue generated event on the Network within three hundred and sixty-five (365) days of the Activation Date, your line shall be disconnected from your use and recycled.

5.1. In line with the Federal Government’s directive to ensure all active MSISDNs are linked with National Identification Numbers (NINs), a valid National Identity Number (NIN) is required to purchase a SIM card on the Network.

5.2. After purchase of your SIM card, you are required to insert your SIM Card into your Terminal Equipment after which an MSISDN will be generated and assigned as your phone number.

5.3. Your provided NIN details, including your biometrics (i.e. finger prints or facial image), will be verified against the National Identity Management Commission database and on confirmation of the information provided, these details will be adopted as your SIM registration details on the Network. Registration of a SIM Card by a Subscriber shall only be valid and completed after successful verification and linkage of the Subscriber’s MSISDN to his/her NIN.

5.4. Please note that by providing your NIN details for the purpose of registering a SIM card on the Network, you consent to MTN updating its SIM registration records with these NIN details.

5.5. All personal information relating to the Subscriber made available to MTN due to the NIN link or via any other medium as stated within these Terms and Conditions shall be stored, processed and subject at all times to MTN’s privacy policy at https://www.mtnonline.com/data-privacy-policy , the Nigerian Data Protection Regulations, the NCC Registration of Telephone Subscribers Regulation (2011) and any other applicable extant regulation.

5.6. Please note that the requirement of a NIN for the purchase of a SIM card shall not apply to visitors staying less than 24 (twenty-four) months within the territory of the Federal Republic of Nigeria. Such persons will however require a valid visa and international passport/travel document to perform a SIM registration on the Network

5.7. After registration, the MSISDN shall be enabled to make, and receive calls and perform the full range of services available on the MTN Network. You are however required to undertake a revenue generating event/activity (i.e. make call/SMS or engage in an internet data session) within forty eight (48) hours after such registration, failing which the MSISDN will revert to pre-registration status i.e. receiving calls or SMS alone.

5.8. The timelines as provided above are subject to change based on directives issued by the NCC from time to time.

5.9. By purchasing and registering a SIM Card in line with the above provisions you accept these Terms and Conditions and agree to be bound by same.

In line with any relevant regulatory directive, MTN reserves the right to change the period within which to connect your SIM card to the Network, and this shall be at MTN’s sole discretion.

Unless otherwise advised by MTN, the SIM Card contained in this Kit allows you to access the Network Services within the Federal Republic of Nigeria only.

All calls made shall be billed in units calculated and charged per minute or per second as may be applicable, whether completed or not. MTN shall from time to time set out the price of calls, the billing unit and service fees (if any), whether daily, weekly, monthly as the case may be, payable for access to the Network on MTN’s website. MTN reserves the right to alter such prices, fees and billing units at any time.

8.1. Where applicable, any and all Airtime loaded onto a Subscriber’s mobile phone line should be utilized prior to access to the Network expiring for any reason. The Subscriber’s SIM Card shall be deactivated, where the subscriber fails to load Airtime credit, send SMS, make a chargeable voice call or engage in an internet data session within one hundred and eighty (180) days of purchase. Where the subscriber fails to load Airtime credit, send SMS, make a chargeable voice call or engage in an internet data session within a further period of one hundred and eighty (180) days thereafter, the MSISDN shall be forfeited (including any Airtime on the account) and recycled.

Should you receive a call on your Terminal Equipment, the cost of such a call shall be billed from the caller’s account and charged at the rates applicable to the tariff on the Network used by the caller.

1.1 “Account” means the Subscriber’s profile as defined in the customer information management system reflecting the customer’s name, account number, MSISDN, assigned credit limit, account type/category etc.

1.2 “Activation” means the grant of full access (ability to send and receive calls/SMS and enjoy the full range of services) typically provided on the Network.

1.3 “Activation Date” means the date when having completed SIM registration in line with the provisions of clause 4 below, the line is activated and given full access to the MTN network.

1.4 “Agreement” means these Terms and Conditions.

1.5 “Credit Based Account” means the postpaid account category for customers who achieve the minimum score required for allocation of ‘unsecured credit’ as defined in MTN credit policy document.

1.6 “Deposit Based Account” means the postpaid account category for customers who satisfy the requirement for allocation of ‘secured credit’ as defined in MTN credit policy document.

1.7 “Fee(s)” means the charges for the use of the Network Services i.e. voice, SMS and data, as may be published by MTN from time to time or fees levied by MTN on the Subscriber and pertaining to the provision of the Network Services, SIM cards and any other services however described.

1.8 “GSM” means the Global System for Mobile Communication as defined in the European Technical Standards Institute structure of specifications.

1.9 “Hard Suspension” means when a line is suspended from making outgoing and incoming activities. (i.e Calls, SMS & Data).

1.10 “ICC” means International Country Code.

1.11 “Month” means a period, which commences from 00:00hrs on a particular day (determined by MTN from time to time) of a calendar month and shall endure until 23:59:59hrs of the last day of the calendar month.

1.12 “MTN” means MTN Nigeria Communications PLC, an Information Communications Company incorporated in accordance with the laws of the Federal Republic of Nigeria and licensed by the Nigeria Communications Commission to provide digital telephony and related services whose principal place of business is at MTN Plaza Building, Falomo, Ikoyi, Lagos. MTN shall where the context so admits include its successors-in-title and assigns.

1.13 “MSISDN” means the Mobile Station International Subscriber Directory Number (otherwise known as the mobile telephone number) programmed into each SIM Card.

1.14 “Network” means the digital mobile (cellular) telephony system operated by the Operator.

1.15 “Network Services” or “Services” means the Telecommunications Network Services and related services, including Value Added Services, made accessible to the Subscriber by MTN in terms of this Agreement.

1.16 “Operator” means MTN, its successor or assignees.

1.17 “Order” means an order placed by a subscriber on MTN in respect of SIM cards and/or use of the Network Services.

1.18 “Package Option” or “Tariff Plan” means any one of the tariff plans under which the Network Services are made accessible to Subscribers, which tariff plans are set out by MTN and vary according to the rate or usage charges i.e. voice, SMS and data, value added services included and other variables determined by MTN from time to time – but subject to the requirements, conditions and/or approval of the Regulatory Authority, where applicable.

1.19 “Pack” or “Kit” means the package containing the SIM Card and information sheet describing the Network Services which the Subscriber will receive upon purchasing Terminal Equipment and/or a SIM Card.

1.20 “Prime Rate” means a rate of interest per annum which is equal to the prevailing Monetary Policy Rate (MPR) per annum plus 3% (three percent), compounded monthly in arrears and charged on any outstanding bill.

1.21 “Regulator” or “Regulatory Authority” means the Nigerian Communications Commission (NCC) and/or any government-appointed body with powers of regulation affecting the telecommunications industry.

1.22 “Security Deposit” means the payment of minimum sum of NGN5,000.00 (Five Thousand Naira) deposit which may be required for allocation of credit limit during activation of deposit based postpaid account.

1.23 “The Schedule” means the Order or subscriber agreement form section of this Agreement and to which these Terms and Conditions are attached or printed overleaf.

1.24 “SIM Card” means a Subscriber Identity Module incorporating an IMSI (International Mobile Subscriber Identity) and MSISDN which, when activated by MTN, provides a Subscriber using a compatible Terminal Equipment with access to the Network Services.

1.25 “Soft Suspension” means when a line is suspended from making incoming and outgoing calls in cases of Roaming plan, but is able to receive incoming calls in cases of national calls.

1.26 “Subscriber” means that the individual in whose name an MSISDN is registered in accordance with the provisions of Clause 4 herein.

1.27 “Terminal Equipment” means a Terminal and accessories thereto utilized by the Subscriber to send and/or receive messages and voice calls via the Network (which is commonly known as the mobile handset).

1.28 “Value Added Services (VAS)” means additional benefits, non-core /non-standard services provided by a content provider to MTN’s Subscribers. The VAS is provided to a Subscriber under certain Package Options to the exclusion of other Package Options, or may be provided at additional charges and may be introduced or withdrawn by MTN at its discretion from time to time.

1.29 “You” means the Subscriber.

In this Agreement, unless the context clearly indicates a contrary intention, the words defined below have the meanings assigned to them, and similar expressions shall bear corresponding meanings.

3.1 This Agreement shall commence on the Activation Date of a SIM Card issued to the Subscriber by MTN until terminated by MTN forthwith on notice to the Subscriber.

3.2 Termination under this Clause shall be at MTN’s discretion in the event of any of the following: persistent breach of this Agreement by the Subscriber, non-payment of Fees, illegal use of the MSISDN, withdrawal or termination of the license issued by the Regulatory Authority in terms of which MTN is authorized to give the Subscriber access to the Network Service or for whatsoever reason at MTN’s discretion. Such termination shall not preclude the Subscriber from fulfilling any outstanding obligations to MTN.

3.3 Notwithstanding the use of agents or other intermediaries by MTN, the Order by the Subscriber is an offer made by the Subscriber to MTN and will be so considered once received and acknowledged by MTN. MTN’s acceptance of the offer (if it does accept) shall be indicated by the Activation of the SIM Card as contemplated in Clause 3.1 in which instance this Agreement shall become binding between MTN and the Subscriber whether or not the Subscriber was notified of the acceptance of the Order. The Subscriber hereby expressly dispenses with any requirement of notification of such acceptance.

3.4 If any SIM Card is supplied to the Subscriber for any purposes other than that contemplated under this Agreement and activated at any time pursuant to the execution of a further agreement between MTN and the Subscriber, which execution occurred subsequently to the execution of this Agreement, then to the extent applicable, such SIM Card shall be governed by the terms and conditions of such later agreement.

4.1 In line with the Federal Government’s directive to ensure all active MSISDNs are linked with National Identification Numbers (NINs), a valid National Identity Number (NIN) is required to purchase a SIM card on the Network.

4.2 After purchase of your SIM card, you are required to insert your SIM Card into your Terminal Equipment after which an MSISDN will be generated and assigned as your number.

4.3 Your provided NIN details, including your biometrics (i.e. finger prints or facial image), will be verified against the National Identity Management Commission database and on confirmation of the information provided, these details will be adopted as your SIM registration details on the Network. Registration of a SIM Card by a Subscriber shall only be valid and completed after successful verification and linkage of the Subscriber’s MSISDN to his/her NIN.

4.4 Please note that by providing your NIN details for the purpose registering a SIM card on the Network, you consent to MTN updating its SIM registration records with these NIN details.

4.5 All personal information relating to the Subscriber made available to MTN due to the NIN link or via any other medium as stated within these Terms and Conditions shall be stored, processed and subject to at all times to MTN’s privacy policy at https://www.mtnonline.com/data-privacy-policy the Nigerian Data Protection Regulations, the NCC Registration of Telephone Subscribers Regulation (2011) and any other applicable extant regulation.

4.6 Please note that the requirement of a NIN for the purchase of a SIM card shall not apply to visitors staying less than 24 (twenty-four) months within the territory of the Federal Republic of Nigeria. Such persons will however require a valid visa and international passport/travel document to perform a SIM registration on the Network.

4.7 After registration, the MSISDN shall be enabled to make, and receive calls and perform the full range of services available on the MTN Network. You are however required to undertake a revenue generating event/activity (i.e. make call/SMS or engage in an internet data session) within forty eight (48) hours after such registration (Initial Post-Registration Revenue Generating Event). The Subscriber is required to perform a further revenue generating event/activity forty eight (48) hours after the Initial Post Registration Revenue Generating Event, failing which the MSISDN will revert to pre-registration status i.e. receiving calls or SMS alone.

4.8 The timelines as provided above are subject to change based on directives issued by the NCC from time to time.

5.1 The following are the two categories/options available to postpaid accounts for new customers:

a. Credit based account – For the purpose of the credit based account activation, the Subscriber shall be required to provide the following:

i. Completed Subscriber Agreement Form;

ii. Bank Verification Number (BVN) and/or any other information, which may be required to complete credit assessment for the Subscriber;

iii. Payment of a non-refundable fee of N2000 (Two Thousand Naira) for service activation;

iv. Subscriber’s valid NIN slip for verification;

v. Subscriber’s passport photo (soft/hard copy); and

vi. Any other documentation as may be required for the allocation of unsecured credit as included in MTN credit policy document.

b. Deposit based account – For the purpose of the deposit based account activation, the Subscriber shall be required to provide the following:

i. Completed Subscriber Agreement Form;

ii. Payment of a non-refundable fee of N2000 for service activation;

iii. Subscriber’s NIN slip for verification;

iv. Subscriber’s passport photo (soft/hard copy); and

v. Minimum N5000 (Five Thousand Naira) Security Deposit (which shall be applied as credit limit).

5.2 The provision in Clause 5.1 (a & b) above shall be subject to rules indicated in MTN credit policy for all accounts activated under any of the postpaid account category.

5.3 MTN reserves the right to review or withdraw credit where information provided by the Subscriber during pre-assessment is false or there is a significant change in situation under which credit was advanced.

5.4 All Orders placed by the Subscriber shall be subject to MTN’s approval and at MTN’s sole discretion. MTN shall not be obligated to provide any reason to the Subscriber where such Order is not approved.

5.5 MTN shall use its best endeavors to promptly comply with any requirements recorded in the Order but shall not be liable to the Subscriber in the event that it fails to comply with the said requirements.

5.6 The Subscriber will be liable for all usage charges that are, or become, payable in respect of each SIM Card issued whether he/she/it or any third party used such SIM Card.

5.7 The Subscriber shall be responsible for obtaining all necessary approvals and authorization imposed by any competent authority in respect of the requirements contained in the Order and the Subscriber hereby indemnifies MTN against any claim or liability suffered by MTN by reason of such approvals and authorizations not having been obtained.

5.8 The risk in and to the SIM Cards, products and services contained in the Kit transfers to the Subscriber upon delivery and accordingly, MTN accepts no responsibility whatsoever for any loss of or damage to any of the contents of the Kit including, inter alia, the SIM Card where applicable. In the event of the Subscriber losing his/her Terminal Equipment and/or SIM Card, such items shall be replaced at the Subscriber’s own cost.

5.9 If a SIM Card is lost, stolen or damaged, the Subscriber shall immediately notify MTN in writing. The Subscriber shall remain liable for all costs and charges pertaining to such SIM Card. MTN shall, as soon as reasonably possible, issue to the Subscriber a replacement SIM Card, and may in its discretion, require the Subscriber to effect payment of a reasonable charge in respect of the cost of such SIM. Such loss, theft or damage of a SIM Card and/or the issue of a replacement SIM Card and/or the allocation of a new MSISDN for any reason, shall in no way be deemed to constitute a termination of this Agreement which shall continue to be of full force and effect.

5.10 The Subscriber hereby warrants and undertakes in favour of MTN that the Subscriber:

5.10.1 Shall not use or allow the Network services to be used for any improper, illegal, immoral or unlawful purpose, or in any way which may cause injury or damage to any persons or property or an impairment or interruption to the Network Services;

5.10.2 Shall only use Terminal Equipment compatible with the MTN Network, and comply with all relevant legislation and regulations imposed by any competent authority and all directives issued by MTN relating to the use of Terminal Equipment, Network Services and SIM Cards;

5.10.3 Will not act, (whether by commission or omission) in any way likely to injure or damage any person, property or the Network or cause the quality of the Network Services to be impaired or interrupted in any manner;

5.10.4 Recognizes that no right, title or interest in the software, MSISDN or the IMSI contained in each SIM Card issued to the Subscriber vests in the Subscriber;

5.10.5 Shall not, nor permit any third party to reverse engineer, decompile, modify or tamper with the software, the MSISDN or the ICC contained in, or pertaining to, any SIM Card; and

5.10.6 Shall not use the SIM card for any purposes or use other than for the purposes or uses contemplated under this Agreement.

5.11 Subject to the NCC’s directive on Valued Added Services, the provision of any Value Added Services, the determination of any charges therefore or the withdrawal of such Value Added Services shall at all times be made by MTN in its sole discretion. In the event that MTN withdraws any Value Added Services for which a Subscriber Fee is charged, no further subscription Fee will be charged for the period after the withdrawal of the Value Added Services concerned. Where the Subscriber subscribes to a package option that includes the provision of Value Added Services free of charge, MTN shall be entitled, in its sole discretion and subject to NCC’s directive on Valued Added Services, to vary, discontinue any such Value Added Services. MTN shall also notify the subscriber of the discontinuance of the VAS services.

5.12 Except for when MTN advises the availability of roaming services, you will be able to make and receive calls only when you are in the Federal Republic of Nigeria in an area covered by the MTN Network. You may not be able to utilize your SIM Card on any other network other than MTN’s Network. Roaming services will be charged based on MTN’s rates that may be advised from time to time.

5.13 MTN reserves the right to, without notice, change the frequency by which you access the MTN network. Any services made available to you upon your purchase of the Kit (where applicable) may be varied by MTN from time to time. Furthermore, the charges of such services (if any) may be varied by MTN in line with the applicable regulatory requirements and without notice to the Subscriber.

5.14 No warranties are given in relation to the items contained in the Kit or in relation to the Network.

5.15 Nothing contained in these Terms and Conditions pertaining to the sale of Terminal Equipment and SIM Card will be construed as vesting in or transferring to you any right, title or interest in the software, the MSISDN or the ICC contained in any SIM Card or any intellectual property belonging to MTN.

5.16 A Subscriber may be entitled to a refund of the Airtime on his account at the time the MSISDN is recycled provided that the Subscriber can establish ownership of that phone line at any given time within the one (1) year period of non-revenue generating activity on the MSISDN. The refund shall be less any fee paid by MTN for the number during the one (1) year period of non-revenue generating activity.

5.17 You agree that unsolicited marketing messages shall be sent to you in accordance with your Do not Disturb (DND) status.

5.18 By purchasing our SIM Pack, you agree that any issues that arise from the use of our Network Services shall not constitute a breach of any fundamental human rights and no right of action shall lie therefrom.

5.19 These terms and conditions shall apply to all Subscribers equally.

6.1 MTN will reasonably endeavour to make the Network available and will advise the Subscriber of any planned outages. Nevertheless, unplanned outages may occur on the MTN Network for reasons beyond our control (i.e. force majeure events may occur).

6.2 MTN Services may be interrupted, including for maintenance, repairs, upgrades of equipment or due to technical issues. MTN may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time. Events beyond our control may affect the provision of our Services, such as events in nature and other force majeure events. However, MTN is hereby excluded from any liability as a result of a call being interrupted and/or failing for any reason or for any interruption in the provision of Network Services.

6.3 As a Subscriber, your Service area, network availability, coverage and quality may vary based on a number of factors, including your selected Service, network capacity, terrain, weather, or if your Terminal Equipment no longer supports network technologies compatible with or available on MTN’s network.

6.4 Outages and interruptions in Service may occur, and speed of Service varies. Your Terminal Equipment also have varying speed capabilities and their stability of connection to the MTN Network may differ depending on technology. Even within coverage areas and with broadband-capable devices, network changes, traffic volume, outages, technical limitations, signal strength, obstructions, weather, public safety needs, and other conditions may impact speeds and disrupt MTN’s provision of Services.

6.5 MTN constantly works to improve network performance and capacity for the benefit and satisfaction of its Subscribers, however, there are physical and technical limits on how much capacity is available, and in constrained locations the frequency of heavy loading in relation to available capacity may be greater than in other locations thereby impacting Service availability.

7.1 In consideration for the provision of the Network Services, SIM Cards and any other products and/or service supplied by MTN to the Subscriber, the Subscriber shall, where applicable, effect payment to MTN of the applicable Fees, as detailed by MTN from time to time, whether or not the Network Services have been, or are being utilized by the Subscriber.

7.2 MTN may on reasonable notice to the Subscriber; vary any charges, either in whole or part, with effect from the date specified in such notice.

7.3 Unless otherwise agreed by MTN in writing, the Subscriber shall effect payment to MTN:

7.3.1 for the provision and activation of SIM Cards;

7.3.2 for Terminal Equipment (applicable only in the event of a device financing scheme as available pursuant to our Services);

7.3.3 Security Deposit commensurate to desired credit limit; and

7.3.4 non-refundable service fee to activate new postpaid plan.

7.4 Subscribers can make payment through any of the following acceptable means:

7.4.1 Cash;

7.4.2 Airtime top-up; and

7.4.3 Electronic channels (DYA, debit/credit card, POS, bank transfers etc.)

7.5 Where payment is made by the Subscriber through any means, including electronic means or any other intermediary, the Subscriber’s bankers or other intermediaries shall act as the Subscriber’s agents and the Subscriber shall have discharged its obligations only upon payment being received and acknowledged by MTN and/or by the bankers of MTN and such payment has been identified by MTN as the Subscriber’s payment for the relevant Subscriber’s Account.

7.6 MTN may at any time, on reasonable notice to the Subscriber vary its invoicing and/or payment procedure and requirements. Such notice may be prior to or after such variation.

7.7 MTN shall invoice the Subscriber monthly or as may be determined from time to time. In the event that MTN requires payment for the services provided to the Subscriber to be made by a particular method, and the Subscriber has authorized payment to MTN, the Subscriber will commit a breach of this Agreement if the Subscriber:

7.7.1 Changes/withdraws such authorization without the prior written consent of MTN.

7.7.2 Changes his banking details upon which such payment relies, without giving MTN prior written notification of such change and providing MTN with the Subscriber’s new banking details and alternative payment means acceptable to MTN.

7.8 Notwithstanding the banking details contained in the schedule, the Subscriber hereby authorizes MTN to debit any bank account held by the Subscriber for any amounts owed by the Subscriber to MTN in terms of this Agreement.

7.9 MTN may by email or text message provide to the Subscriber the Subscriber’s monthly statement bill(s). These bills shall be sent to the Subscriber’s email or MSISDN, which was provided by the Subscriber at the point of Activation. MTN shall not be liable for any delay in delivery or non-delivery of any such statement(s) bill to the Subscriber. It shall be the duty of the Subscriber to check the bill in order to ensure that the contents thereof are correct and to settle all bill(s) promptly. Unless a query is raised in respect of the contents of a bill within 5 (five) days from the date thereof, the content shall be deemed to be correct.

7.10 For purposes of clarity, it is hereby agreed that the monthly statement bill(s) as referenced in Clause 7.7 above, shall only reflect the Subscriber’s monthly usage based on the Credit Limit. For all usage within and outside the Credit Limit, please access https://mymtn.com.ng/ or MyMTN App.

7.11 Billing and invoice records will be available for a period not exceeding 12 (twelve) months prior to a request for the records.

7.12 Any migration from one Package Option to another shall for the duration of this Agreement be subject to MTN’s approval in its sole discretion. In addition, any migration or upgrade applied for by the Subscriber shall be treated in accordance with MTN’s policies and procedures from time to time.

7.13 Subject to any contrary provision of the price as may be indicated by MTN from time to time:

7.13.1 Local, national and inclusive minutes are calculated and charged per minute or per second as may be applicable, or any part thereof.

7.13.2 International calls are charged per minute or per second, as referred to above and at the rate applicable from time to time in respect of the particular package to which the Subscriber subscribes.

8.1 MTN may require the Subscriber to provide a deposit as security for the payment of:

8.1.1 Any item of Terminal Equipment; and/or

8.1.2 In the event of more than one Terminal Equipment, each Terminal Equipment; and/or

8.1.3 Security Deposit and charges which include usage charges and any other charges pertaining to the provision of the Network Services, SIM Cards and any other services however described, by MTN to the Subscriber.

8.2 Where any amount is held by MTN on the Subscriber’s behalf as a deposit for the purposes referred to in Clause 8.1 above, such amount shall not attract any interest and accordingly, MTN shall not be liable to the Subscriber for any interest payments on the amounts so held.

8.3 The Subscriber will not be entitled to use the Security Deposit as part of the credit limit and his/her credit limit, the Subscriber shall be required to increase his/her deposit.

8.4 MTN shall in its discretion be entitled to use the deposit to clear any debt where unpaid for 18 (eighteen) months or MTN may retain the deposit for as long as it deems it necessary as security for the fulfilment of the Subscriber’s obligation as set out in this Clause 8. Accordingly, the Subscriber shall not be entitled to require the return of such deposit from MTN unless the Agreement was terminated. In which case, MTN shall be entitled to offset against the deposit all and other amounts, which are due, by the Subscriber to MTN. In the event that any balance remains from the deposit, MTN shall then be obliged to pay such balance over to the Subscriber in accordance with the following terms:

8.4.1 All Security Deposits (cash or electronic payment) (including port-out customers) will be refunded by electronic transfer.

8.4.2 Refunds shall be made at least 30 days after reconciliation of the Subscriber’s Account.

9.1 In the event that a Subscriber applies to change the method by which he/she pays for services delivered by MTN, more specifically if a Subscriber applies to change from MTN’s prepaid billing system to the postpaid billing system and MTN accepts the Subscriber’s application, he/she shall do so subject to the following conditions:

9.1.1 Complete a Subscriber agreement form giving details of personal information as required.

9.1.2 Provide NIN slip for verification.

9.1.3 Existing prepaid customers with complete details on customer management system, will not require to present a valid identification card/document during prepaid to postpaid migration.

9.1.4 Be subject to MTN credit rating matrix.

9.1.5 The Subscriber shall be required to provide any other document as may be required by MTN in MTN’s sole discretion.

9.1.6 Any Value Added Services which the Subscriber wishes to retain from its previous package shall unless otherwise agreed to in writing, be subject to the tariff applicable to the new package.

9.1.7 The Subscriber’s remaining airtime and/or access days prior to migration shall be migrated to the postpaid service accordingly.

9.1.8 All information supplied by the Subscriber in his/her application, including the SIM and MSISDN number, is warranted by the Subscriber to be true and correct. The Subscriber shall be liable for all costs, losses and charges incurred by MTN in rectifying incorrect information supplied by the Subscriber. In addition, the Subscriber hereby indemnifies MTN against any charges, damages and/or actions incurred by or brought against MTN following MTN’s use of such information.

9.1.9 The Subscriber further warrants that he/she has the authority to complete the application in relation to such SIM card and MSISDN number.

9.2 The following migration rules shall be applicable for an application for migration:

9.2.1 An application from prepaid to postpaid shall be for a credit limit not below N5,000 where it is a deposit activation.

9.2.2 Where an application for a deposit to credit activation is made by a Subscriber, MTN shall convert the Security Deposit to airtime.

9.2.3 A Security Deposit shall be required for migration from a Credit Based Account to Deposit Based Account, for credit limit allocation.

9.2.4 A letter of release from a corporate Subscriber must be provided for an application for migration from corporate to consumer account in addition to the other requirement for credit/deposit activation as appropriate.

10.1 Provision of the Network Services may be interrupted or suspended by MTN at any time, inter alia:

10.1.1 To facilitate any modifications, maintenance or remedial work in respect of the Network Services or the Network by MTN; or

10.1.2 If you act or omit to act in such a way that the operation of the Network or quality of the Network Services may, in MTN’s opinion, be jeopardized; or

10.1.3 Where there is an outstanding debt payable by you for calls or activities made on your MSISDN; or

10.1.4 To facilitate reconciliation of any outstanding debt you may have accrued in respect of usage of the Network Services; or

10.1.5 To enable the conduct of any investigation regarding your Terminal Equipment, SIM, MSISDN or related activities of any sort whatsoever; or

10.1.6 Upon lawful court order or directive of any Security Agency in relation to the conduct of any investigation regarding your Terminal Equipment, SIM, MSISDN or related activities of any sort whatsoever; or

10.1.7 For so long as you do not comply with or are in breach of any of the conditions contained under this Terms and conditions; or

10.1.8 If the Subscriber infringes the intellectual property rights relating to the use of the SIM or MSISDN;

10.1.9 If the Subscriber fails to perform any of his/her obligations, or breaches any terms of this Agreement;

10.1.10 If the Subscriber fails to pay for the credit limit that MTN with his/her consent had assigned to him/her.

10.1.11 Any other scenario which in MTN’s opinion necessitates the interruption and suspension of the Network Services.

10.2 MTN reserves the right to require you to effect payment of any applicable reconnection charges pursuant to the restoration of Network Services suspended in the circumstances contemplated in Clauses 10.1.3. and 10.1.4. MTN shall not be obliged to lift the suspension of your access to the Network Service unless payment is effected.

10.3 Where you are indebted for calls or activities made on your MSISDN and subsequently recharge your account, any loaded airtime will be used to offset any outstanding liabilities until the indebtedness is extinguished.

10.4 Notwithstanding the suspension contemplated in Clause 10.1.1, the period of operation of the Agreement shall not be interrupted.

11.1 Your Postpaid account would become dormant where:

11.1.1 You have not made any chargeable activity for a period of 6 months.

11.1.2 You have not settled outstanding bills for a period of 96 days+.

11.2 Where there are no outstanding debt and chargeable activities on the line, the following will apply:

11.2.1 Your line will be suspended after 180 days (this is inclusive of 96 days stated in 10.1.2).

11.2.2 You will have the option of reactivating the account by recharging the line within the 180 days and perform a chargeable activity.

11.2.3 Where a dormancy period of five hundred and forty (540) days elapses and account has not made any rechargeable activity, the contract would be terminated and account recycled in line with the provisions of this clause 11.

11.3 Where there is an outstanding debt on the line, the following will apply For Postpaid (Consumer)/Postpaid (High Value Customer-HVC):

11.3.1 A Soft Suspension will be effected on your line if outstanding bills are not paid by the Sixth (6th) / Sixteen (16) days after they fall due from the grace period of five (5) days and fifteen (15) days respectively.

11.3.2 A Hard Suspension will be effected on your line if thirty (30) / twenty (20) days after the Soft Suspension outstanding liabilities on your MSISDN are still not settled.

11.3.3 A quarantine will be effected on your line if sixty (60) days after the Hard Suspension, outstanding liabilities on your MSISDN are still not settled.

11.3.4 MTN shall have the right to recycle any quarantined line at any time if outstanding liabilities on your MSISDN are still not settled. PROVIDED THAT MTN may at its sole discretion postpone the recycling of any such MSISDNs.

11.3.5 Notwithstanding the provisions of 10.3.4 above, your MSISDN shall be deemed forfeited and may be recycled by MTN where there are any outstanding liabilities thereon and such liabilities remain unsettled for a maximum period of five hundred and forty days (540) days.

11.4 Where a Subscriber’s liabilities on his/her account remain unsettled for a period of five hundred and forty (540) days, at MTN’s discretion:

11.4.1 It shall be moved to the prepaid platform (Pay as you go default plan), however, the Subscriber shall only be able to make use of the line after all liabilities have been settled in full.

11.4.2 Previous Postpaid contract shall be automatically terminated when accounts are moved to prepaid.

11.4.3 Contracts moved to prepaid account can only move back to Postpaid after 3 months of settling the indebtedness.

11.5 When contract is moved to prepaid account on the grounds of unsettled indebtedness, they become subject to recycling i.e. they will be recycled if they are dormant for a period of one (1) year .

11.6 Where a Subscriber indicates interest to remain on the postpaid platform, he will be assigned a new credit limit as assessed and or deemed reasonable by MTN.

11.7 MTN stands to remove the assigned credit limit upon a second defaulting on bill payment/ overdue indebtedness without recourse to customer.

11.8 Re-assignment of the credit limit can only happen after ninety (90) days of acceptable performance in the prepaid segment and other credit assessment benchmarks

In purchasing a Kit:

12.1 The Subscriber acknowledges that MTN shall not be liable for any loss, injury or damage to any person arising out of the use of the Subscriber’s Terminal Equipment or the contents of the Kit.

12.2 The Subscriber indemnifies MTN and hold it harmless from and against any liability arising out of claims made against MTN, its employees and/or its agents in connection with the use of the Services and the contents of the Kit. Furthermore, the Subscriber acknowledges that MTN shall not be liable for any loss, claim, harm, expense or damages suffered or sustained by the Subscriber or any third party and arising, directly or indirectly out of suspension of the Network Services or any of them pursuant to the provisions of these conditions.

12.3 Without detracting from any of the other provisions of these terms and conditions, MTN shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber whether same is direct or consequential:

12.3.1 In the event that such loss or damage was not caused by any negligent act or omission on the part of MTN, its employees and/or its agents; or

12.3.2 Where such loss or damage is as a result of the Subscriber accessing VAS from any third party content provider through the MTN Network; or

12.3.3 In the event of a SIM swap effected by MTN upon reasonable compliance with the Regulators’ guidelines and its internal processes; or

12.3.4 Where MTN fails for any reason whatsoever to supply and/or deliver any Terminal Equipment or SIM card(s), either on the required date, or at all; or

12.3.5 Where the Network Services are interrupted, suspended or terminated, for whatever reason; or

12.3.6 Where MTN fails to suspend the provision of the Network Service to the Subscriber in terms of an arrangement between MTN and the Subscriber or after the Subscriber has specifically requested MTN to do so in other to limit the Subscriber’s Usage Charges; or

12.3.7 Where such loss or damage was caused by any negligent act or omission on the part of the Subscriber.

13.1 Should the Subscriber lose his/her SIM Card and/or cellphone; the Subscriber should report this to MTN immediately.

13.2 In the event of loss of or damage to the Subscriber’s SIM Card, the Subscriber has a choice of either purchasing a replacement SIM Card with a new MSISDN or effecting a SIM swap, from an MTN Service Centre or through alternative means as advertised by MTN to retain the MSISDN. Should the Subscriber choose a SIM swap, the swap shall be carried out in accordance with MTN’s verification procedure and regulatory guidelines. The swapped SIM Card will still be charged for at a rate determined by MTN in accordance with any relevant regulatory requirements.

13.3 MTN advises the Subscriber to keep his/her password and identification documents confidential. MTN will not be held liable for any loss or damage of whatever nature arising from/caused by the loss, theft, unauthorized distribution and/or manufacture of any SIM Card including unauthorized third party SIM swap, unlawful withdrawal from the Subscriber’s Bank account or unauthorized or illegal use of Subscriber’s SIM.

13.4 The Subscriber may not in any way tamper with, modify or decompile his/her SIM Card. In the event that MTN has reason to believe that the Subscriber has so tampered with his/her SIM Card, MTN reserves the right to suspend the Subscriber’s Network Services.

13.5 MTN is not responsible for a call being interrupted and/or failing for any reason or for any interruption in the Network Services.

13.6 In event of loss and or damage of SIM card, swap can only be done by the Subscriber (No SWAP by proxy).

14.1 In the event that the Subscriber breaches any term of this Agreement, or any warranty given by him/her hereunder, or fails to fulfill an obligation resting upon him/her, including a failure to pay any amount owing to MTN on due date, then without prejudice to MTN’s rights, MTN may forthwith and without notice to the Subscriber, either terminate this Agreement, or call for specific performance of all the Subscriber’s obligations and immediate payment of all sums of money owed by the Subscriber, whether or not then due, in either event without prejudice to MTN’s right to seek such damages as it may have suffered by reason of such breach or failure.

14.2 Notwithstanding the afore-going and pending MTN’s election in terms of this clause, MTN shall not be obliged to perform any of its obligations under this Agreement and the Subscriber shall remain liable for the payment of all amounts owing by the Subscriber in terms of this Agreement, whether or not such amounts are due.

14.3 MTN shall be entitled forthwith, without notice to terminate the Agreement in the event that the Subscriber is bankrupt, liquidated, or placed under judicial management, whether provisionally or finally, and whether voluntary or compulsory.

14.4 Without detracting from any of the other provisions of this Clause 14, in the event of the Subscriber breaching any provisions of this Agreement or the Subscriber prematurely terminating this Agreement and/or MTN electing to cancel same, the Subscriber shall be liable to effect payment to MTN of all the monthly service charges which would have been payable to MTN in respect of the remainder of the initial period or renewed period (whichever is applicable) of this Agreement.

14.5 The Subscriber will be entitled to refer any dispute between itself and MTN relating to the availability of the Network Services, to the Regulatory Authority.

15.1 Unless the Subscriber specifically elects to take insurance for loss or damage to the Terminal equipment and related risks in accordance with the procedure and/or policies introduced by MTN from time to time, the Subscriber shall not be covered by any insurance procured by MTN.

15.2 The Subscriber declares that at the time of concluding this Agreement and/or requesting insurance cover, the Subscriber was aware of the provisions of the applicable insurance policy and agrees to be bound by thereby.

15.3 It shall be the responsibility of the Subscriber to ensure that the premiums in respect of his/her insurance policy are paid timeously and in full and, if for any reason.

15.4 Save as provided herein, any queries which the Subscriber may have regarding or arising from the insurance of the Terminal Equipment and related risks, shall be directed to the insurance administrators or brokers, as the case may be.

16.1 In the event of the Subscriber failing to effect payment of any amount owing by him/her to MTN on due date, then without derogating from MTN’s right in terms of Clause 7, the Subscriber shall be liable to effect payment to MTN on the amount so owing at the Prime Rate from due date to date of payment in full.

16.2 All prices and charges set out in this Agreement and any price are inclusive of Value Added Tax and any other applicable tax or duty, the liability for which shall vest with the Subscriber.

16.3 The rights and obligation of the Subscriber in terms of this Agreement may not be ceded or delegated to any third party. MTN’s rights and obligations in terms of this Agreement may be ceded or delegated by it to any other party on reasonable notice to the Subscriber.

16.4 MTN may change the terms and conditions of this Agreement as a result of changes in taxes, laws, regulations, the terms and conditions of the license or any circumstances or events similar to the aforesaid.

16.5 This document contains the entire agreement between the Parties regarding the matters contained herein and no other warranties, undertakings and/or representations have been made by MTN or any dealer or purported agent of MTN.

16.6 No indulgence, leniency or extension of time, which MTN may show to the Subscriber, shall in any way prejudice MTN or preclude MTN from exercising any of its rights in the future.

16.7 This Agreement and all matters of disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria.

16.8 The Subscriber by his/her signature hereto, consents to the jurisdiction of the courts of Nigeria in relation to any actions or proceedings instituted against the Subscriber in terms of, or arising out of the provisions of this Agreement, provided that MTN, in its sole and absolute discretion shall be entitled to institute any such actions or proceedings in the High Courts of Nigeria possessed of the requisite jurisdiction.

16.9 A document under the hand of any authorized officer of MTN certifying the sum of any amount owing by the Subscriber to MTN shall be prima facie proof of its contents and sufficient proof for the purposes of enabling MTN to obtain any judgment or order against the Subscriber.

16.10 If any term, condition, agreement, requirement or provision contained in this Agreement is held by any court having jurisdiction to be unenforceable, illegal, void or contrary to public policy, such term, condition, agreement, requirement or provision shall be of no effect whatsoever upon the binding force or effectiveness of any of the remainder of this Agreement, it being the intention and declaration of the parties that had they or either of them known of such unenforceability, illegality, invalidity or that the provision was contrary to public policy, they would have entered into a contract, containing all other terms and conditions set out in this Agreement.

16.11 The Subscriber hereby authorizes MTN or MTN’s authorized agents to share/transfer the Subscriber’s name, address and any other relevant personal details with any party in line with the reasonable requirements of MTN’s business purposes or to enable MTN comply with its national security obligations or any other obligations under any relevant Law or Regulation. MTN shall ensure that the provided information shall not be utilized for purposes other than those contemplated in this Clause.

16.12 Each of the parties chooses, as their place of permanent residence/principal place of business for purposes of the giving of any notice, the serving of any process and for any other purposes arising from this agreement, their respective addresses as set forth by MTN in Clause 1 and by the Subscriber as set forth in the Schedule.

16.13 Each of the parties shall be entitled from time to time, by written notice to the other to vary its domicilium to any other address within the Federal Republic of Nigeria which is not a post office box or poste restante.

16.14 No alteration, cancellation or variation, which the Subscriber may be entitled to make to the Schedule, shall be of any force or effected unless thirty (30) days written notice of such alteration, cancellation or variation is given to MTN.

16.15 Any notice given by a party to the other (“the addressee”) which:

16.15.1 Is delivered by hand during the normal business hours of the addressee’s domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by or on behalf of the Subscriber at the domicilium, the presumption shall only apply as regards MTN if proof of receipt is obtained by the party effecting such delivery and duly produced as may be required to prove such delivery.

16.15.2 Is posted by prepaid registered post from an address within the Federal Republic of Nigeria to the addressee at the addressee’s domicillum for the time being shall be presumed, unless the contrary is proved by the addressee to have been received by the addressee on the seventh day after the day of posting.

16.16 Where, in terms of the Agreement any communication is required to be in writing, the term “writing” shall include communications by email unless the contrary is proved by the addressee.

16.17 In the event of MTN instituting legal proceeding against the Subscriber to recover amounts due to MTN or take any other legal action arising from out of this Agreement, the Subscriber shall be liable for the legal costs on the scale as between attorney and own client and/or any collection costs.

16.18 MTN shall be entitled to charge any banking, and/or administration fees in the event of the Subscriber defaulting in its payment of any other of its obligations as set out in this Agreement.

16.19 The Subscriber is entitled to refer any dispute relating to the Network Services to the Regulatory Authority. In referring the dispute, the Subscriber shall however ensure compliance with the compliant procedure/process established under the NCC’s Consumer Code of Practice.

By signing below, I …………………………………………………of………………… (the Subscriber) accept to be bound by the above Terms and Conditions including the terms of any Annexure attached hereto (if any).

Signature:

Date:

MTN Nigeria Communications PLC (“MTN”), a public limited liability company, incorporated in the Federal Republic of Nigeria with registration number 395010 and its principal office at MTN Plaza, Falomo Roundabout, Awolowo Road, Ikoyi, Lagos, respects the privacy of our Customers’ Personal Information which should be protected through the use and interaction with www.mtnonline.com and all associated websites, mobile applications, products and services.

We have prepared this MTN Customer Privacy Notice (this “Privacy Notice or “Notice”) to notify You of the type of Personal Information we collect from You, Our Customers and/or Users; how We will treat that Personal Information; and the circumstances under which We will share it with third parties. This Notice incorporates MTN’s Privacy Policy at https://mtn.ng/data-privacy-policy and Apple’s Terms and Conditions at https://www.apple.com/legal/privacy/en-ww/

Customers who act on behalf of an organisation may only use MTN websites, mobile applications, products and services with authorisation from the organisation.

Customers who are natural persons must be 18 years or older. If You are under 18 years, you may only use MTN websites, mobile applications, products and services with the assistance of a parent or guardian who has provided consent for You.

This Notice applies to:

• all Customers and/or users who are natural persons; and
• all Customers and/or users who are organisations.

Through the website, mobile applications, USSD, SMS or any other products and services which You are subscribing to and purchasing, You may be requested to provide Your Personal Information or company information which is relevant to the type of services and products.

Company information of Our Customers would include but not be limited to name, registered address and billing information etc.

While You are making use of any MTN website, mobile applications, MTN automatically collects certain personal or company information such as Your IP address; browser type; operating system; mobile carrier; Your Internet Service Provider (ISP), Uniform Resource Locators (URLs) of sites from which You arrive or leave the MTN website; and mobile applications and sites that have embedded MTN platform technology. Through cookies and other technologies, We can recognise You as an existing or registered user of the MTN website and/or mobile application and are able to better serve You as a result.

MTN partner Apple will use your personal data to power their services, process your transactions, to communicate with you, for security and fraud prevention, and to comply with law.

Cookies

A cookie is generally a tiny data file that resides on Your computer, mobile phone, or other devices, and allows MTN to recognise You as a user when You return to the MTN online store website using the same computer and web browser. There are different types of cookies. Here are two examples:

A “persistent” cookie – this cookie is set once You have logged on to a website. The next time You visit the website, the persistent cookie will allow the website to recognise You as an existing user or registered user, so You will not need to log in before using the services. However, if You wish to access or change any of Your payment information (like a debit or credit card number) or Your registered information, You must log in securely again with Your password, even if Your computer contains a persistent cookie.

A “session” cookie – this cookie is used to identify a visit to a website. Session cookies expire after a short time or when You close Your web browser.

You can remove or block cookies using the settings in Your browser, but in some cases doing so may impact Your ability to use the website.

By accepting to this, You are accepting the terms of this Privacy Notice and provide MTN with consent for the processing of Your personal or company information and accepting the practices described in this Notice as well as the privacy practices in Apple’s Privacy Notice which, can be accessed here https://www.apple.com/legal/privacy/pdfs/apple-privacy-policy-en-ww.pdf

To provide You, Our Customers and/or user, with the best online services, mobile applications, USSD and SMS products and services, MTN will use Your Personal Information to:

• • Process the goods and services You have bought from Us, and keep You updated with Your order progress.
  • Carry out a credit check if You are applying for a contract for services, and to assess Your application.
  • Provide the relevant service or product to You. This includes other services not included in Your agreement with Us, and services that use information about where You are when using Your mobile equipment (location information) and to contact You with messages about changes to the service or product.
  • Bill You for using Our products or services.
  • Protect Our network and manage the volume of calls, texts and other use of Our network. For example, We identify peak periods of use, so We can ensure the network functions optimally during those times.
  • Understand how You use Our network, products and services. That way, We can develop more interesting and relevant products and services, as well as personalise the products and services We offer You.
  • Carry out research and statistical analysis to monitor how Customers and/or users’ use Our network, products and services on an anonymous or personal basis.
  • Review Your application, participation or eligibility in respect of any form of donation, project or program under MTN Foundation.
  • Conduct market research and perform statistical analyses of Our Customers and/or users’ behaviour. By being aware of Our Customer’s and/or User’s interest in and use of the various areas of the MTN websites, mobile applications, USSD and SMS products and services for MTN to better serve its Customers and/or Users.
  • Share information across MTN’s different business units for processing to serve MTN’s Customers and/or users more efficiently such as, but not limited to, Credit Vetting Process, Direct Marketing Process and Customer Loyalty Processes.
  • Share information with MTN third parties within Our operations and Value Added Service Providers where We have an underlying contractual relationship to provide the service to You, including those third parties to whom You have subscribed for their services and consented to Our provision of Your Personal Information to them.
  • Prevent and detect fraud, information security and privacy incidents and other crimes, recover debts or trace those who owe Us money.
  • Send You promotional materials or details by SMS, e-mail, post or electronic communication provided You have given Your consent to receive such promotional materials from MTN.
  • Let You know about other companies’ products and services (including offers and discounts We have specially negotiated for Our customers) that We think may interest You, if You have chosen to receive this information.
  • Contact You in the event of a query and respond to any questions or concerns You may have about using Our network, products or services.
  • In any circumstance prescribed by law including but not limited to biometrics for SIM registration, investigation of criminal activities, directives from law enforcement etc.
  • Provide up to date service delivery as regards the services subscribed to and/or made available by MTN to its Customers.
  • to fulfil employee contractual agreement(s) for;
  • for staffing, assessment, recruitment and career development opportunities
  • to administer the benefits and services to employees;
  • for purposes of performance management, talent management and succession planning, remuneration and benefits; training and development; management statistics on employment;
  • for occupational health administration; work management; business travel; corporate security; organisational charts; archiving emails for disaster recovery purposes, legal and regulatory reporting obligations; and any other legitimate business interests;
  • Where Your Personal Information is required other than in respect of the aforementioned, MTN shall notify You of such other purpose for which Your Personal Information is required to enable You to provide Your consent.

• • Maintaining the security of Your Personal Information is important to MTN. Reasonable security safeguards have been implemented to protect Your Personal Information. MTN uses various methods to protect Your information such as:
  • Encryption methods when transmitting payment information, such as Your credit card information. An icon resembling a padlock is displayed on the bottom of most Internet browser windows during encrypted transactions.
  • Access to Your Personal Information on MTN websites, mobile applications, USSD and SMS products and services will be encrypted and/or password-protected.
  • Sensitive data (such as credit card information) is protected by SSL encryption when it is exchanged between Your web browser and the MTN website and mobile applications.
  • To protect any data, You store on Our servers, MTN regularly audits its systems for possible vulnerabilities and attacks.
  • MTN maintains an Information Security Programme internally to ensure that Your Personal Information is protected against unauthorised access, accidental loss or destruction.

MTN will share Your Personal Information to third parties only where it is necessary to deliver services You and in compliance with a lawful order or request without recourse to the Customer. Disclosure in the former instance shall be made with the Customer and/or user’s consent;

There will be circumstances where We are obliged to disclose Your information by law and are prohibited from informing You when we have received a request for Your Personal Information in relation to any suspected or alleged criminal activity.

In addition, companies employed by MTN to perform certain functions (“Third Parties”) may be assessed to ensure that they handle Our Customer and/or user information securely. Some of MTN Third Parties perform the following functions for MTN:

• • Receiving payments, fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing market assistance, providing search results and links (including paid listings and links), processing credit card payment, and providing customer service.
  • Approved online service on MTN’s websites, products and services.

These Third Parties have access to Personal Information needed to perform their functions and for purposes clearly defined by MTN.

· Erasing your information

You have the right to request that MTN erase your Personal Data if it is no longer valid or necessary for the purposes for which it was collected or if it is incomplete or inaccurate.

· Receiving your information

You have the right to receive your Personal Data in a commonly used and machine-readable format and the right to transmit these data to another Data Controller when the processing is based on (explicit) consent or when the processing is necessary for the performance of a contract.

10.1 Accessing and Changing Your Information

You can review the information You provide to Us and make any desired changes to the information You have provided. Please be aware that even after Your request for a change is processed, MTN may, for a time, retain residual information about You in its backup and/or archival copies of its database.

10.2 Direct Marketing

You have the right to choose whether You receive marketing material or not. By accepting using Our products and services, You are also agreeing to MTN sending You marketing material on related services, products and offerings provided from MTN from time to time. If You change Your mind at any time, You are always able to opt-out.

We do comply with applicable provisions of the Nigerian Communications Commission’s Guidelines and relevant Consumer Protection regulations on direct marketing.

10.3 Deletion or destruction of Your Information and Period of Retention

10.3.1 You may request that we delete and destroy any of Your Personal Information provided that Your relationship with MTN has been appropriately terminated.

10.3.2 MTN will, however, retain and use Your Personal Information in accordance with applicable laws for retention of data, for as long as is necessary to provide You with Our services and comply with legal and business obligations, resolution of disputes and enforcement of this Notice among others.

10.4 Transfer and storage of Personal Information across borders

• • You understand that MTN may be required to host, process, transfer and store Your Personal Information in other countries for business purposes which could include giving effect to a third-party contract for Your benefit or Your protection.
  • MTN shall ensure that the countries have adequate data protection laws, corporate security policies, procedures and standards to adequately protect Your Personal Information as prescribed by NITDA.
  • Your Personal Information shall be stored in Oracle Advanced Security Transparent Data Encryption format using Generally Accepted International Security Standards (ISO).
  • Your Personal Information shall be subject to the Nigerian Data Protection Regulation 2019 (as may be amended from time to time) and any other applicable Data Protection Regulation.

10.5 Right to withdraw consent

You have a right to withdraw Your consent at any time without affecting the lawfulness of Your information received and processed by MTN in line any legal obligation or prior to Your withdrawal of consent.

10. 6 Reporting incidents

In the event of a privacy breach, MTN shall report such breach to the relevant authority and if necessary, affected individuals of personal data breach (where the personal data breach will likely result in high risks to the freedoms and rights of the data subject) within reasonable time of being aware of the breach.

MTN shall take steps to investigate and recover personal data. MTN will also ensure that controls are enhanced to prevent a re-occurrence of the breach.

You have a right to lodge a complaint before an appropriate authority for any breach of Your rights.

Kindly notify Us:

• • If You believe Your MTN platform via website and/or mobile application or subscription account to MTN products and services has been compromised.
  • If You have been contacted by someone via email or SMS about Your MTN websites, mobile applications, products and services account asking for a password, birth date or other personal or company information.
  • If You believe Your Personal Information has been used for fraudulent activity.
  • If You are a member of the security community and need to report a technical vulnerability.
  • If You have any other enquiry relating to information privacy and security.

As a Customer and/or user, there are certain obligations expected from You. Some of these obligations are imposed by applicable law and regulations, and others have become commonplace for MTN:

• You must always abide by the terms of this Notice and any agreement or consent relating to MTN products and services that You have subscribed to. This includes respecting all intellectual property rights that may belong to Third Parties (such as trademarks or photographs).
• You must not download or otherwise disseminate any information that may be deemed to be injurious, violent, offensive, racist or xenophobic, discriminates against people on the basis of gender and sexual orientation threatens the rights and safety of others, or which may otherwise violate the purpose and spirit of MTN and its community of users on MTN websites and/or mobile applications.
• You must not provide MTN with information that You believe might be false or misleading.
• You must keep Your username and password confidential and not share it with others.
• Promptly notify MTN at the Contact Details indicated below, where You wish to exercise any of Your rights with respect to Your Personal Information.

 MTN may, at any time, change its Privacy policy and this Privacy Notice by posting the amended version on www.mtnonline.com. Unless otherwise stated, the current version will apply each time You access this website.

 Attention: Data Processing Officer

Address: MTN Nigeria Communications PLC

Email address: DPONigeria@mtn.com

Last updated November 2022