Terms and Conditions for FTTx Service

These terms and conditions set out the agreement between (‘you‘ or ‘the customer‘) and MTN Nigeria Communications Plc (‘MTNN’ ‘us‘ or ‘we‘).

Your use of the services shall be governed by the terms and conditions contained in this agreement. Please read through these terms and conditions carefully.

A. Getting our Services

1. We will endeavour to meet projected dates agreed with you for installation or activation of the services, but such installation or activation date is subject to changes or delay notice of which shall be communicated to you as soon as practicable.

2. You undertake to be present or authorize a representative (such representative shall be at least 18 years old) on the day of installation of the equipment at your office or home.

3. Where we need to install equipment at your office or home, we will make every effort to fit the equipment where you prefer. However, in some circumstances this may not be possible because of technical or other reasons. Please do not move any existing equipment installed by MTNN. Should you wish to relocate or alter the routing of any existing equipment such as cables or wall sockets, you should contact us. You agree that the cost of supplying, relocating, routing or installation of any equipment shall be borne by you.

4. We are not responsible for any equipment that you have purchased in order to facilitate your use of our services.

5. To provide the services, our equipment (including but not limited to a modem) must be connected to your equipment (including but not limited to a Personal Computer, Switch or Router). We are not responsible for the operation or working capabilities of your equipment.

6. You are responsible for applying for and obtaining any consents, permissions or permits necessary for us to connect and maintain the equipment at your office or home. We are not obliged to install or provide the services unless all consents, permissions or permits have been obtained.

7. Our obligation to provide the services is also subject to survey. If a survey shows that the services cannot be installed or connected at your office or home, or if a non-standard installation is required, we may cancel any installation date we have given you and terminate this agreement. We will do our best to notify you of this as soon as possible after the survey. We shall be under no liability whatsoever to you for any failure to provide the services in these circumstances.

8. We are not obliged to connect the equipment at your office or home or to otherwise perform our obligations under this agreement if:

a. your office or home is outside our service area or in a part of our service area where no cable has been laid, or we are unable to activate the services on your line at your office or home for any reason;

b. it is not practical to carry out the connection for health and safety reasons;

c. you are not considered by MTNN to be an eligible customer because you have previously misused our services;

d. your Device or network interface card does not meet our minimum specifications for Internet access;

e. your Device or its operating software does not work correctly or normally for Internet access; or

f. it is not practical to carry out the connection for any other reason.

B. About our services

1. General

a. If you keep to the terms of this agreement, we will provide you with our services.

b. In supplying the services we will always use our reasonable skill and care but are not able to guarantee fault-free performance.

c. You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges. For example, if someone who has access to your office or home uses the services, we would consider them to be within your control and you would be liable for those charges.

d. You will be responsible for payment of all charges on the services attributable to you regardless of whether or not the bill was sent or delivered to you.

2. FTTx Voice Landline Service

If we provide you with a telephone line, we will allocate a number to your telephone line. The telephone number and any rights in it remain our property and you may not sell or agree to transfer the number to any person. MTN may also choose to introduce Community based services in gated estates price of which would be communicated to interested customers.

3. FTTx Internet Service

a. For Internet access you agree that your DEVICE will meet the minimum specifications required to get our service. You also agree that you are required to either have a Wifi, USB or LAN port enabled available that we can connect our modem to, or that you will install a network interface card on your DEVICE.

b. Due to the nature of the Internet, we cannot guarantee specific levels of performance for the Internet access or services.

c. You confirm and warrant that you are the owner of, and that you have obtained all necessary consents or approvals to use, the domain name, mailbox name or any other name selected by you in connection with the Internet access and you hereby indemnify MTNN for anything to the contrary.

d. Any Internet address allocated by us to you will at all times belong to us and you may not sell or agree to transfer it to any person. You will have a non-transferable license to use such Internet address whilst you receive Internet access from us. In the event that this agreement is terminated, for whatever reason, your license to use the Internet address shall automatically terminate and thereafter you will not use or be permitted to use the Internet address. We reserve the right to utilize the address thereafter.

e. We reserve the right to monitor and control data volume and/or types of traffic transmitted via the Internet access. In the event that your use does not comply with our ‘fair use policy’ or with relevant laws and regulations, we reserve the right (at our sole discretion) to reduce, suspend or terminate your Internet access. During any time of reduction or suspension, you will remain liable for the payment of your original level of Internet access charge. We also reserve the right (at our sole discretion) to re-grade your Internet access to a different speed and/or usage allowance at the appropriate charge. If we make such changes we will notify you as soon as possible.

4. Community Connect Service

a. MTNN may also provide Community Connect Services to qualified subscribers in appropriate cases. Only Residential Estates with a minimum of 20 interested users can be granted the facilities and terms of the Community Connect service. Where the residents or group subscribing to the Community Connect Services falls below the minimum 20, MTNN shall decide at its sole discretion whether to continue the provision of the services and the terms of any such continued provision.

b. The subscribers of Community Connect service shall pay a Monthly Access fee. This is in addition to the FTTx Voice Monthly Access Fee MTNN reserves the right to change the Access Fee at any point in time.

c. All calls made within the Community Connect Group in each Estate shall be zero rated

d. All non-Community Connect calls shall be rated on the standard destination tariff plan; the standard tariff plan shall also be applicable to calls made between members of different Community Connect Group.

e. Short codes shall be unique to members of the same Community Connect Group. The use of short dial codes is restricted within each Community Connect Group.

f. That all information supplied by the subscriber in its application, is warranted by the subscriber to be true and correct.

g. All prices and charges set out in this agreement any price list are inclusive of Value added Tax, the liability of which shall vest with the subscriber

C. Looking after your services

We will provide any maintenance services during normal working hours that we believe are necessary for our system and equipment to work properly and for us to provide our services to you.

D. Using our services

MTNN strictly prohibits its internet and data services customers from using spam and other forms of abuse for business or personal gains or otherwise using the services in any illegal or immoral way.

Abuse is defined as any acts of wrongful or illegal use of the services including but not limited to; Spam, Threats and or Harassment, Privacy Issues, Redistribution of Services (ftp, www, etc.), Copyright and Trademark Issues, Hacking, Port Scanning, Spreading Virus, Denial of Service Attacks, Password Cracking and Unauthorized Access, Credit Card Fraud, Product/Service Fraud, Financial Solicitation, Make Money Fast Chain Letters, General Fraud or Theft.

1. You are responsible for the way our services are used. You must not use our services to do any of the following acts or allow anyone else to use our services to do such acts:

a. Send a message or communication that is unsolicited (spam mails)offensive, abusive, defamatory , obscene, seditious, menacing or otherwise illegal;

b. Cause annoyance, nuisance, inconvenience or infringe upon the rights of any other person; c. Perform any illegal activity;

d. Break, or try to break the security of anyone else’s equipment, hardware or software;

e. Deliberately receive, use, own, post, transmit or publish obscene or pornographic material;

f. Upload, post, publish or transmit any information or software that is protected by copyright or other ownership rights without the permission of its owner;

g. Copy or distribute any software or services we provide (but you may make not more than one backup copy of the software we provide for your personal use);

h. You may not use your MTN Nigeria internet connection to harm the service of another internet provider or user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice;

i. Use our services in a way that risks degradation of service levels to other customers and put our system at risk. If we believe that you are using our services in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of our services without giving you notice and without any liability whatsoever for our action.

2. By subscribing to our services, you hereby accept the provisions of our Anti-Spam Policy as prescribed or published by MTNN from time to time in addition to these terms and conditions.

E. Using our Equipment

1. You are responsible for making sure that our equipment is safe and used properly at all times.

2. You agree that you are responsible for any loss of or damage to our equipment, regardless of how it happens and shall be liable for any loss of or damage to our equipment.

3. In the event of the termination of this agreement, or you decide to disconnect from our services, you must return our equipment to us or grant prompt and unrestricted access to MTNN to retrieve the equipment. You must return equipment or make it available for collection in a reasonable condition, allowing for fair wear and tear. If you fail to return or make available the equipment for collection for any reason, we are entitled to charge you for the replacement cost of the equipment. If we hold any money outstanding to your credit, we may use that money towards offsetting the cost of the equipment.

4. You may use your own equipment together with our equipment, but we do not guarantee that our equipment will work with your equipment.

5. We will not be liable in any way for any loss or damage which is caused to your own equipment arising as a result of its use with our equipment.

F. Paying for our services

1. Our service is subscription based and as such, payment is not hinged on use. You will be liable for the monthly subscription fee for every day that you remain connected to our network, whether or not you make actual use of the service.

2. Your subscription fee is payable in advance, based on the payment plan you have selected at the point of subscribing to our service (monthly, quarterly, annually).

3. Your subscription fee and all applicable charges that you have incurred in respect of our service shall be settled in full, together with any applicable taxes including value added tax.

4. In the possible case of a postpaid service, You must ensure that your payments are received by MTN Nigeria, within 7 (seven) days of the stipulated due date for payment or of receiving our invoice (or bill). If you do not pay your bills on time, you may lose any discount we have given you. We will also suspend or cancel our services and charge you the costs of debt-recovery proceedings to recover any debt you owe under this agreement. Please note that it is your responsibility to ensure that you obtain and pay your bills and that any alleged non-receipt of bills will not be justification for payment default.

5. You may pay your bills through any of our channels including but not limited to electronic payment, cash or cheque to any one of our designated banks as stipulated in your bill. You may also pay cash at any MTN Nigeria service centres or any other authorised locations as may be prescribed in writing by MTNN from time to time.

6. For new service installations, we may ask you to make an advance payment toward your future bills through an MTN Nigeria sales representative, being a duly authorised staff of MTNN identified by an official identification card issued by MTNN.

7. We advise that you make payment directly into an MTN account.

8. If at any time before or during the term of this agreement you fail to meet our payment conditions, we may do the following:

a. Require you to make a payment (which shall be made to MTN Nigeria) In advance for future line rental and usage charges;

b. Enforce credit limits on you for any of our charges (to the extent we believe is reasonable in the circumstances), restrict the level of services we provide to you, only allow certain methods of payment and/or suspend some or all of our services at any time when you reach the limits, until we have received the full payment of any charges you owe under this agreement;

c. We may ask for any deposit at any time (as we believe to be reasonable in the circumstances). All or any part of this deposit may be used to pay any charges you owe under this agreement.

G. Changing this Agreement

1. You may add to or reduce our services you receive from time to time by contacting our Customer Care team and requesting for such addition or reduction as required.

2. MTNN may at any time improve, modify, amend or alter the terms of this agreement and/or our services and their content if:

a. there is any change or amendment to any law or regulation which applies to us or MTN Nigeria or the services we provide to you;

b. we decide that our services should be altered for reasons of quality of service or otherwise for the benefit of our customers or, in our reasonable opinion, it is necessary to do so;

c. for security, technical or operational reasons;

d. if the changes or additions are minor and do not affect you significantly or we wish to have all our customers on the same terms and conditions; or

e. in all other events, where we reasonably determine that any modification to our system or change in our trading, operating or business practices or policy is necessary to maintain or improve our services which we provide to you.

3. MTN may change our respective charges at any time. Whenever possible, any changes to our usage charges and tariffs will be communicated to you via notifications or email

H. Suspending Our Service

1. We may suspend any or all of our services immediately without notice and without any liability on our part if:

a. you have breached any of the terms of this agreement;

b. If you do not pay your bills on time

c. we need to carry out any maintenance, repairs or improvements to any part of our services or our system;

d. we have to do so by law or in line with a contract;

e. you exceed any credit limit on your account;

f. we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining our services and/or the equipment from us or at any time during the provision of our services and/or the equipment;

g. we believe that you or another person at your office or home have committed, or may be committing, any act which contravenes the terms of this agreement by using our services or equipment (or both);

If we suspend our services because you have not paid your bill on time or you have breached the terms of this agreement, we may charge you for reconnecting you to our services again. You must pay this charge together with all outstanding bills that has accrued on your account.

2. As this is a subscription based service you will still be liable for your monthly subscription fee during any period of suspension resulting from not paying your bills.

3. Any failure or default in payment for any other voice services introduced in the future shall also lead to the suspension of FTTx Voice service, or any other future voice services.

I. Terminating This Agreement

1. Subject to termination or suspension of this agreement, this agreement shall be operative for the period of provision of our services to you.

2. You have a right to cancel this agreement after you have placed your order but before we install our service to your address. You can do this by writing to our customer care team or email escustomerservice@mtnnigeria.net . Please note that we may charge an administration fee for processing this cancellation.

3. Once your service has been installed, any party may terminate this agreement by giving the other party 30 days’ notice, in writing. You must pay any relevant usage charges and line rental up to the end of that 30-day notice period.

4. Without prejudice to your right to terminate this agreement If MTNN breaches the terms and conditions of this agreement, you are required to notify us of the breach and grant us a period of 30 days within which to rectify the breach prior to terminating this agreement.

5. Where the customer requests for termination, the service, including the Community Connect Service, shall only be terminated at the end of a billing period.

6. MTNN reserves the right to terminate any of the services, including the Community Connect service at any time due to breaches of the terms and condition.

J. Visiting your office or home

1. You authorise us to install and keep installed our equipment on your office or home and you agree that we and our employees, agents or contractors may enter your office or home so that we can carry out any work that is necessary for us to connect, maintain, alter, replace or remove any equipment necessary for us to provide the services requested for.

2. We will endeavour to cause as little disturbance as reasonably possible when carrying out any work at your office or home. We agree to repair any damage that we, our agents or contractors may cause at your office or home in the course of installing our equipment.

K. Our liability to you

1. MTNN will not be liable to you for:

a. any indirect loss whether or not any such loss which is a reasonably foreseeable consequence of MTNN negligence or breach of this agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);

b. lost or destroyed data;

c. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or MTNN had been advised of the possibility of you incurring such loss; or

d. direct physical damage to your property.

2. When MTNN carries out any obligation under this agreement, we shall endeavour to exercise the reasonable care and skill of a competent service provider.

3. We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using our services, or for transmitting or receiving, or failure to transmit or receive any material through our services.

4. We shall not be liable for any loss, cost or damage arising from transactions you enter into with third parties using our services (such transactions include but are not limited to buying or renting goods or services from them or ordering goods from other organisations using our Internet access).

5. We accept no responsibility for the contents of any material from other organisations, which may be accessed through our services. We also reserve the right to block access to any such information.

6. We shall not be liable for any other losses, claims or damages whether alleged or real which has not been expressly admitted in writing by an authorised representative of MTNN.

L. Matters beyond our Reasonable Control

MTNN will not be liable for failing to do what MTNN promised under this agreement if MTNN are prevented from doing so by something outside our reasonable control which will include (but are not limited to):

    • Acts of God such as lightning, flood or severe weather conditions, epidemics, fire or explosion; o civil disorder, riots, insurrection
    • damage or vandalism to our network or equipment o terrorist activities; o war; o actions of regulators or local or national governments or other authorities; or industrial disputes.

M. Transfer of this Agreement

This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our prior written consent. For business reasons we may transfer any of our rights and responsibilities (as the case may be) under this agreement without your permission but shall endeavour to promptly notify you after any such transfer.