Terms and Conditions of Purchase and/or Use of MTN PayAsYouGo Dual SIM Pack

1. In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, ID number and residential address to a RICA officer when purchasing a SIM card from 1 July 2009. This is necessary to activate you as a customer on the MTN network. MTN is obliged by law not to activate your SIM cards on the MTN network if you have not complied with the RICA registration requirements. By law, if a SIM card is lost, stolen or damaged, you are required to immediately notify the South African Police Services in writing. You will also have to immediately notify MTN and request the SIM cards to be suspended. If you wish to transfer/sell your SIM card/s to another person (other than a family member), you are required to contact 173 to report such a transfer to MTN, and then MTN is required by law to deactivate the SIM card/s. Before the new holder of the SIM card/s can use the SIM card/s, they must provide proof of their full names, surname, ID number and residential address to an approved MTN RICA officer to register them as a customer on the MTN network. Once they have complied with RICA, and the RICA information is received by MTN, MTN will reactivate the SIM card/s. Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact MTN on 173 or see www.mtn.co.za for details.

2. If you do not connect your SIM cards to the MTN network by following the steps provided by MTN within six (6) months after purchasing it or after the SIM cards have been activated, or you do not use your SIM cards on the MTN network for a period of 90 consecutive days (a chargeable call, excluding SMS needs to be made from the MSISDN), MTN shall be entitled to cancel this MSISDN and deactivate your SIM cards from the MTN network, in which case all the airtime credit on the cancelled MSISDN will be forfeited. You will be obliged to purchase a new MTN PayAsYouGo starter pack, (by following the steps provided by MTN to obtain your MSISDN) and MTN prepaid airtime should you wish to continue to make calls on the MTN network. MTN reserves the right to change the period within which you are required to connect your SIM cards to the MTN network from time to time, at MTN’s sole discretion. MTN Access4Life rules and Number4Life rules apply to all MTN prepaid services. See www.mtn.co.za

3. Access4Life Extender: If you wish to go out of South Africa and not use your SIM cards for a certain period, then you may extend the Access4Life period by paying R20 and add an additional 90 days to the period. Once the initial 90 days have passed, the additional 90 days will be added, keeping your MSISDN connected to the MTN network. Call 173 to “activate” the service and load sufficient airtime into your evergreen wallet to cover the period. The service will continuously deduct R20 from your evergreen wallet for every 90 days that elapses while the service is active. You will need to cancel the service upon your return to South Africa; otherwise the service will continue to deduct R20 every 90 days until it is cancelled.

4. All calls made shall be billed in units calculated in the following manner depending on the prepaid option chosen and activated by you:

4.1. MTN Call Per Second: Calls will be charged at per second rates (units of 1 second) while you are on this option. The full charge will be levied for all the seconds utilised. This applies to calls made using the basic data product or standard voice calls. You will automatically be on the MTN Call Per Second option upon connecting your SIM card to the MTN network. Unless you complete the required steps to change to another MTN PayAsYouGo option, MTN Call Per Second will remain your default MTN PayAsYouGo option.

4.2. MTN Zone: Calls will be charged at per second rates while you are on this MTN PayAsYouGo option. MTN Zone discounted rates do not apply to premium-rated calls or SMS services or to international calls; MTN Zone base rates will be used to charge for these calls and SMS services. Discounts only apply to local and national voice calls and basic SMS services. Discounts are limited depending on the time of day that you make the eligible call and where you are.

4.3. MTN Call Per Second Peak: Calls will be charged at per second rates while you are on this option. The full charge will be levied for all the seconds utilised. This applies to calls made using the basic data product or standard voice calls.

5. The MTN PayAsYouGo tariff guide sets out the price of calls and monthly service fees payable for access to the MTN network. MTN reserves the right to alter such prices and fees at any time and without any notice, the tariff guide can be found at www.mtn.co.za.

6. MTN 1-4-1 is MTN's loyalty programme. You can register for free, and begin earning points immediately. For every R1 you spend on your MTN cellphone, you get 1 point and for every day your line is active on the MTN network, you get another point. Rewards are loaded on your cellphone immediately and can be used to buy MTN airtime, SMS bundles, data bundles or Muziq bundles. Loyalty programme Terms may change from time to time. For latest Terms see www.mtn.co.za

7. Should you receive a call on your cellphone, the cost of such a call shall be for the caller’s account at the rates applicable on the relevant network used by the caller.

8. MTN is not responsible for any calls and/or services being cut off due to your airtime or data credit having expired for any reason. MTN will; however, endeavour to contact you to advise you that your airtime minutes are depleted, prior to their running out.

9. MTN does not warrant or guarantee that it will notify you at that time or at all, and you agree that MTN is not liable for any loss you or any other person may suffer, allegedly as a result of MTN not contacting you at that time or at all.

10. MTN is not responsible for a call being interrupted and/or failing for any reason or for any interruption in the network services.

11. You will be able to make and receive calls only when you are in the Republic of South Africa in an area covered by the MTN network in South Africa.

12. You will be totally responsible for all products and services contained in this product from delivery of the product to you. Accordingly, MTN takes no responsibility for any loss or damage of any of the contents of this product, including the SIM cards or any MTN airtime associated with the SIM card or MSISDN. In the event of theft or loss of your cellphone, airtime and/or SIM card/s, such items must be replaced at your own cost, and you are obliged to report such loss or theft to the South African Police Services immediately.

13. 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 cellphone. Accordingly, MTN is under no obligation to provide itemised information with respect to any call records for your cellphone or MSISDN.

14. In the event that the purchased SIM card/s have exceeded the expiry date printed on the packaging/cover, contact 083 173 using another mobile handset for an alternative MSISDN. Please note that you will be unable to contact 173 or make a call with an expired SIM card.

15. Migration from MTN prepaid to postpaid: all MTN Number4Life rules apply. When you move from MTN PayAsYouGo to a contract, you will forfeit any airtime not used before you move, but you can keep your prepaid MSISDN if you comply with the MTN Number4Life rules.

16. Mobile Number Portability (MNP): This gives you the ability to move to another mobile network and still retain your MSISDN. A Caller Line Identity (CLI) validation will need to be done to ensure that the number being ported is in the customer’s possession. You will lose any unused airtime and data, and your voicemail messages when you port. Number Portability regulations and Terms and Conditions apply – see www.mtn.co.za for further details.

17. When you use this SIM card, you agree that you:

17.1. will not use nor allow the MTN network services to be used for any improper or unlawful purpose, nor in any way that may cause injury or damage to persons or property or an impairment or interruption to the Network Services;

17.2. will only use mobile devices approved by ICASA, the Regulatory Authority, together with the SIM cards on the MTN network, and will comply with all relevant legislation and regulations, as well as all lawful directives given by MTN relating to the use of mobile devices, MTN network services and/or SIM cards;

17.3. accept that no right, title or interest in the software in the SIM cards or the MSISDN issued to you, vests in you; however, MTN does acknowledge that Mobile Number Portability allows you to retain the use of your MSISDN if you decide to port; and

17.4. will not allow yourself, and will not allow any other person to reverse engineer, decompile, modify or tamper with the software contained in, or relating to, any SIM cards or mobile device.

18. Value Added Services: All value added services depend on the discretion of MTN Service Provider (Pty) Ltd (“MTN SP”) and MTN SP may withdraw them at any time with or without notice to you.

19. MTN reserves the right, at any time, to change these Terms and Conditions and any rules relating to its products and services and to modify its products and services at its discretion.

20. MTN reserves the right at any time to modify, suspend or discontinue the services with or without notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain as a result of possession and/or use of the SIM cards, MTN network services, or any error, delay, failure or non-availability of the service.

21. MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.

22. MTN Play is only available to MTN subscribers in SA. Standard rates apply. Free minutes and SMS bundles do not apply.

23. See www.mtn.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the website or elsewhere in any media.

24. SIM Swap Terms and Conditions

The SIM Swap service allows you to keep your old preferred MTN number (old MTN MSISDN), subject to certain conditions. After you have registered your details in compliance with RICA, you will be able to initiate the SIM Swap process by following the steps explained in this booklet on your MTN cellphone. A SIM Swap from the new MSISDN to your old MTN MSISDN will be allowed if you are RICA compliant, if the old MTN MSISDN is active and still available on the MTN network, has not been recycled and is not in use by another customer, according to MTN’s systems. A SIM Swap will only be allowed for one MSISDN at any given time. If the new MSISDN has been active/used to make calls for more than 24 hours, a SIM Swap cannot be performed anymore. The old MSISDN must be deactivated/cut off from the network before the new MSISDN can be activated. Customers will be able to keep their airtime balance from their old SIM card, their MTN PayAsYouGo option and any credits or subscriptions they had once a SIM Swap is performed.

25. MMS Terms and Conditions

MMSs can be sent to all local South African networks and email addresses. Message delivery is dependent on the recipient’s handset and network capabilities. An MMS-capable cellphone is required for sending and receiving MMSs. Maximum message size is handset dependent.