MTN Nigeria ::: Product Terms & Services

1. Definitions:

1.1 “Activation” means the enabling of a SIM Card by MTN so that it operates on the Network in        terms of this agreement and the terms stipulated by MTN from time to time;

1.2 “Airtime” means the call value that a physical, logical, electronic or other forms of Refill        Voucher/Recharge Card credits to a Subscriber’s line based on the applicable Call Charge;

1.3 “Booster Card” means a voucher which will entitle the Subscriber, for a specified
       period from the date that it is loaded, to a discount on the Call Charge Rate applicable to
       the Network Services or other benefits as may be specified by MTN from
       time;(excluding international calls, voicemail/faxmail retrieval and SMS).

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

1.5 “ICC” means the International Card Configuration being an identity number
       unique to each SIM Card by the manufacturer of such SIM Card;

1.6 “Load” means to load a Refill Voucher/Recharge Card or BoosterCard
       on the MTN Pre-paid System so that the Subscriber’s account 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 Limited, a company incorporated
        in accordance with the company laws of the Federal Republic of Nigeria;

1.9 “Network” means the digital mobile telephone system operated by MTN
        by which the Network services are made available by MTN;

1.10 “Network Services” means those GSM Telecommunications services
        made available from time to time by MTN via the Network;

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 physical, logical, electronic or other forms of Refill Voucher        which, when loaded, gives the Subscriber Airtime to enjoy Network Services to the value        indicated thereon, subject to clause 6;

1.13 “Subscriber” means the individual who purchases and or uses the MSISDN on a
       regular and continuous basis for services rendered on the MTN Network;

1.14 “SIM Card” means a Subscriber Identification Module (incorporating an ICC and MSISDN)        which when activated by MTN and used in conjunction with compatible Terminal Equipment,        enables the Subscriber to operate such Terminal Equipment on the Network;

1.15 “Terminal Equipment” means GSM Terminal and accessories thereto
        which are used by the Subscriber to send and /or receive messages via the Network        (commonly referred to as a cell phone or handset);

2. Your mobile telephone number (“MSISDN”) is printed on the SIM Card cover contained in this      cellular kit (“Kit”).

3. Instructions on how to connect your SIM Card to the Network as well as the Terms and      Conditions for the provisions of the services are available on the MTN website –      www.mtnonline.com.

4. If you do not connect your SIM Card to the Network within three hundred and
    eighty (380) days of the manufacture date as indicated on the Kit, and/or do not utilize it on    the MTN Network, after activation, for a period of ninety (90) consecutive days, MTN will be    entitled to cancel this MSISDN number and deactivate your SIM Card.

5 MTN reserves the right to recycle and re-allocate the deactivated MSISDN number
    without further recourse to you.

6. Should you wish to continue to access the MTN network after your MSISDN number and SIM      card have been disconnected, you will be obliged to purchase a new SIM Card with a new      and different MSISDN number.

7. MTN reserves the right to change the period within which you will be required
     to connect yourb SIM card to the Network or utilize the SIM on the Network, and this shall be      at MTN’s sole discretion.

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

9. All calls made shall be charged and billed in units calculated in sixty (60) or one (1) second     increments depending on the Subscriber’s tariff plan (per minute or per second,
    respectively), shall be billed per unit, whether completed or not. The Service information             brochures (available at MTN Service Centres and Connects Stores)
    sets out the price of calls, the billing unit and monthly service fees payable
   for access to specific services.    Information is also available in the Product & Services
    section on the MTN website. MTN reserves the right to alter such prices, fees and
    billing units at any time and without any notice.

10. Failure to utilize any or all call credit (Airtime) loaded onto an account prior to
      the Subscriber’s access to the network expiring for any reason, including failure to load       Airtime credit within 90 days, or to make a chargeable voice or data call, GPRS, send or       receive SMS or MMS within same 90-day period shall result in the deactivation
      of the line and permanent forfeiture of both the number, as well as such Airtime.

11. In the event that more than one BoosterCard is loaded onto an account,
      the BoosterCard first loaded shall be valid until the end of that Booster’s
      validity period, thereafter the BoosterCard loaded next in time shall become valid, and so on.

12. Should you receive a call on your Terminal Equipment, the cost of such a call
      shall be for the caller’s account and charged at the rates applicable to the Network used by        the caller. You will however be charged for incoming calls and SMS received on your line        where you subscribe to the roaming services offered by MTN and the charges
       payable shall be in accordance with the terms stipulated by MTN and the network of MTN’s        roaming partners from time to time.

13. MTN shall be entitled to immediately suspend any calls or other Network Services
      if it appears that your Airtime/credit has been used up or has been forfeited for
      any reason. MTN will, however, endeavour to give you advance warning of your       Airtime/credit being forfeited, or your number being permanently disconnected.

14. MTN is not responsible and shall not be liable for a call or any Network
      Service being interrupted, suspended and/or failing for any reason or for any
      interruption in the Network Services.

15. 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, unless otherwise
       advertised by MTN. You may not be able to utilize your SIM Card on any other
       network other than MTN’s Network or MTN partner networks.

16. Risk in and to the products and services contained in the Prepaid Starter
       Kit transfers upon delivery of the Kit to you and accordingly MTN accepts
       no responsibility whatsoever for any loss of or damage to any of the contents
       of this Kit including, inter alia, the SIM Card where applicable. In the event of you
       losing your Terminal Equipment, Refill Voucher/ Recharge Card and/or SIM Card,
       such items shall be replaced at your own cost.

17. 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 Refill Voucher/Recharge Card.

18. MTN is under no obligation to give you any proof of how your Airtime has
      been used or of any calls made or received on your Terminal Equipment.
      Accordingly, MTN is under no obligation to give itemized information with
      respect to any call or utilization records for your Terminal Equipment or MSISDN.

19. For security reasons, should you enter an incorrect PIN code more than
      three (3) consecutive times, your SIM Card will be “blocked” (i.e. you will not
      be allowed to Access the Network) in which event you shall not be able to make
      or receive calls on that SIM Card. The “block” can be removed by entering, when
      prompted by your Terminal Equipment, the “PUK” number which is contained in your
      starter Kit or you can obtain by calling MTN Customer Service.

20. Should you lose your SIM Card and/or cellphone you should report this to
      MTN immediately.

21. In the event of loss of or damage to your SIM Card you have 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. Should you choose a SIM Swap, your MSISDN shall remain the same.
     The replacement or swap SIM Card, as the case may be, will still be charged for
     at a rate determined by MTN in accordance with any relevant regulatory requirements.

22. You may not in any way tamper with, modify or decompile your SIM Card. In the
      event that MTN has reason to believe that you have so tampered with your SIM Card,
      MTN reserves the unfettered right to suspend or terminate your access to the
      Network Services.

23. In purchasing the Prepaid Starter Kit:

23.1 You acknowledge that MTN shall not be liable for any loss, injury or
      damage to any person arising out of the use of your cellphone or the contents
      of the Kit or howsoever else;

23.2 You indemnify 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 cellphone and the contents of the Kit. Furthermore, you
      acknowledge that MTN shall not be liable for any loss, claim, harm, expense or
      damages suffered or sustained by you 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.

24. Without detracting from any of the other provisions of these terms and conditions,
      MTN shall not be liable to you for any loss or damage suffered by you and whether
      same is direct or consequential, in the event that such loss or damage was caused by
      any negligent act or omission on the part of MTN, its employees and/or its agents.

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

26. You are entitled to refer any dispute relating to the Network Services to any
      Telecommunications Representative who may be appointed as such by the Nigeria
      Communications Commission.

27. In the event of the VAT rate being varied in any way, the call credit of your Refill       Voucher/Recharge Card will decrease or increase proportionately.

28. MTN reserves the right to, without notice, to change the method by which you
      purchase your call credit and/or gain access to the MTN Network. Any services
      made available to you upon your purchase of the Kit may be varied by MTN
      from time to time. Furthermore, the charges of such services (if any) may be varied
      by MTN without notice.

29. The Network Service are made available to you on the basis that you, your
       employees, agents and sub-contractors:

29.1 Will not use the services for any improper or unlawful purpose, nor allow others to do so;

29.2 Will only use a terminal equipment approved for use with the Network and will
      comply with all relevant legislation or regulations relating to use of such terminal
      equipment and use of the Network Services;

29.3 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.

30. You will be liable for all charges that are, or become, payable in respect of each SIM Card       issued to you whether you or any third party used such SIM Card.

31. Provision of the Network Services may be interrupted or suspended by MTN at any
      time without notice, inter alia:-

31.1To facilitate any modifications, maintenance or remedial work in respect
       of the Network Services or the Network by MTN; or

31.2 For so long as you do not comply with or are in breach of any of these conditions;

31.3 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

31.4 If the terminal equipment used by you infringes or is alleged to infringe the
      intellectual property rights of any third party.

32. MTN reserves the right to levy a reconnection fee for any reconnection of
      your SIM Card where your access to your phone and/or SIM Card has been
      interrupted or suspended in the circumstances envisaged in this agreement. In such
      event, MTN reserves the right to refuse to reconnect you unless you furnish security
      or agree to adhere to payment terms which are acceptable to MTN in the circumstances.

33. 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.

34. If you decide at any time to stop using your cellphone on a permanent basis you
      are obliged to return your SIM Card to MTN without any charge to MTN.

35. Upon returning your SIM Card to MTN as envisaged on termination of the
      provision of the Network Services to you for any reason, you will forfeit any
      Airtime or Booster validity days remaining on your account at the time of return/termination.

36. These terms and conditions shall apply to all MTN prepaid subscribers equally.