Subscriber Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE FOR PREPAID SERVICES

RECITALS

These general conditions define the requirements for the provision of the service offered by MTNC

The service is provided in accordance with the regulations in force in Cameroon and under the conditions provided for in the concession agreement authorising MTNC to operate an electronic communications network.

The service covered by this contract is physically and contractually independent of the GSM terminal approved to receive the SIM card.

Article I.  DEFINITIONS

For the purposes of this Agreement, the following definitions are accepted:

Article II.                    PURPOSE

The purpose of this Agreement is to define the terms and conditions under which MTNC undertakes to provide the Subscriber with the mobile electronic communications services and products defined in Article 3.

Article III.                   SERVICES

During the term of the Contract and subject to the conditions provided for in Article 4, the Subscriber may:

The Subscriber may subscribe to the associated or optional services, the list, and conditions of which are available on the price sheets, on the website www.mtn.cm  or by calling 8787.

The Subscriber may subscribe to the additional services offered by MTNC. The list and conditions of these services are available on the price sheets, on the website www.mtn.cm or by calling 8787. These include:

MTNC may send the Subscriber messages by SMS or MMS relating to the services and in compliance with the regulations in force in this area.

MTNC shall not send the Subscriber prospecting messages unrelated to the services covered by this contract.

MTNC will provide the Subscriber with a code allowing him/her to no longer receive prospecting messages.

The Subscriber can access various contents (Voice, SMS, WAP, Video, WAP or WEB) if his Terminal Equipment is compatible. To the exception of contents for which MTNC is not the publisher, MTNC shall not be liable for the services and contents to which the customer has access.

MTNC may amend the list and conditions of the services referred to, in this Article.  The Subscriber will be informed thereto.

The SIM card is activated by MTNC after the Subscriber has been formally identified as part of the postpaid service. This activation is carried out at the time of the Subscriber’s first communication or call to MTNC’s voice server.

The line is activated as soon as the subscription is done or within 24 hours (deadline for validation of the subscription if postpaid). In the event of an activation delay for a reason caused by MTNC, the Subscriber must notify MTNC Customer Service by calling 8787 toll-free or by sending an e-mail to careline.cm@mtn.com or any other address that MTNC may provide. MTNC will make every effort to regularize the situation within a maximum of twenty-four (24) hours of receiving the call or e-mail.

In the event of a subscription to the postpaid service, MTNC must activate the SIM card and inform the Subscriber of the success of the Subscription.

MTNC allows the transmission and reception by radio to public GSM and/or GPRS telecommunications networks of calls and consultation of the email account assigned to the Subscriber in Cameroon and certain foreign countries subject to:

Article IV.                   PRECONDITIONS – EFFECTIVE DATE OF THE CONTRACT – DURATION OF THE CONTRACT

• Prerequisites

Before Access to Services, the Subscriber must acquire a SIM card. He must fulfil and sign these general conditions. The documents required as per the regulation are:

1. For natural persons
   1. Natural persons of full age
2. The original and photocopy of a valid identity document or one that has been accepted in Cameroon under international conventions;
3. A valid residence permit for foreigners or any document in its place;
4. The exact address of the applicant and his location plan;
5. The identity of the terminal, if applicable.

The physical presence of the Subscriber is mandatory at the time of individual subscription.

1. Minor natural persons without an identity card
2. The surnames, forenames, date and place of birth of the minor;
3. The identification of a parent or guardian with the documents listed in point (i) above
   1. For Institutions or personal business
4. A photocopy of registration with the Trade and Personal Property Rights Register;
5. The original and photocopy of one of the promoter’s valid identity documents;
6. The identity of the Terminal Equipment, if applicable;
7. Photocopy of the patent or its fixed tax;

The Client shall ensure that this file is updated and completed at MTNC’s request.

If after activation of the service, it appears that the Subscriber has not provided all the documents or the documents are incorrect, MTNC shall terminate the service three (03) days after a formal notice to regularize has remained without effect.

The Client is also solely responsible for the information and documents communicated to MTNC.

• Effective date of the CONTRACT

This Agreement takes effect upon activation of the Services.

• Duration of the CONTRACT

This Agreement is entered into for an indefinite period of time with an initial period of twelve (12) months. It may only be terminated during this initial period under the conditions provided for in this contract.

Article V.                     BILLING

Subscribers can consult the tariffs on MTNC’s commercial documents, website via www.mtn.cm or by calling 8787 free of charge.

Article VI.                   COMMITMENTS OF MTNC

MTNC shall

• Take all necessary measures to ensure the permanence, continuity and quality of the Service for which the subscription is done in the coverage area of its network;

• Make available to the Customer an online service via 679000123 from an operator other than MTNC, or 8787 from an MTNC number from 7 a.m. to 11 p.m. or by e-mail at www.careline@mtncameroon.net or any other address provided to the Customer for all information on the services offered by MTNC.

• Take all measures to ensure protection of the privacy and confidentiality of Clients’ communications.

However, MTNC cannot be held liable in the event of:

• Disruptions caused by work, in particular maintenance, reinforcement or extension of network installations duly brought to the attention of Customers by any traceable means within forty-eight (48) hours. This interruption may not exceed three (3) hours.
• Interruption of the electronic communications service of other mobile or wireline networks with which it is interconnected;
• Interruption of the electronic communications service resulting from the discontinuation by MTNC of the operation of a frequency band as a result of a decision by the public authorities, force majeure, or circumstances rendering the operation of such frequency band commercially or technically irrelevant.
• Non-compliance by the Client with its contractual obligations;

• Incorrect configuration or malfunction of the Terminal Equipment and/or its accessories not purchased from MTNC or whose warranty period has expired;

• Improper use of the SIM card or device into which the SIM card is inserted;

• Computer viruses transmitted over the Internet network as well as services accessible over the Internet in the event that the Customer accesses an Internet service;

• Disruption or interruption of the Electronic Communications network operated by MTNC not attributable to MTNC;

• Failure or interruption caused by a third party, the Subscriber, its employees or agents;

• Fraud due to disclosure, loss or theft of associated access codes;

• Force majeure.

Article VII.                 COMMITMENTS OF THE SUBSCRIBER

The subscriber shall:

• Provide the information required in Article 4.1 (Preconditions) of this contract when subscribing to the service;
• Inform MTNC immediately and in writing in the event of a change in any information provided when subscribing to the services;
• Use terminal equipment approved by the Telecommunications Regulatory Board (TRB) and operating on the appropriate frequencies;
• Use MTNC’s electronic communications network in accordance with the laws and regulations in force at the date of use and MTNC requirements;
• Not use the service for commercial purposes (resale of calls) without MTNC’s prior consent;
• Not use the service free of charge or upon payment as a traffic re-routing gateway without the prior written consent of MTNC;
• Keep their codes and not disclose them in any form whatsoever.

Article VIII.                PROTECTION OF PERSONAL DATA AND RIGHT OF ACCESS TO INFORMATION BY THE CUSTOMER

•  Protection of personal data

MTNC shall take the necessary measures to ensure the protection, integrity and confidentiality of the Subscriber’s personal data that it holds or processes, as well as information on the Subscriber’s location.

MTNC shall communicate to the competent authorities all information concerning the Subscriber under the conditions provided for by the regulations in force.

MTNC may also communicate, under its responsibility, the Subscriber’s personal data to its affiliates or partners for work and studies related to the services covered by this contract.

MTNC also ensures that the Subscriber’s personal data is not used for commercial prospecting purposes, with the exception of those relating to its contractual relationship with the Subscriber in compliance with the regulations in force.

The Subscriber has the right to access his personal data free of charge as long as he proves that he is the holder of the subscription and may ask MTNC to rectify, clarify, complete or update them.

• Supervision and protection of minors

MTNC maintains a file of minor subscribers registered in the identification process.

MTNC is required to inform adults who take out a subscription for the benefit of a minor for whom they are responsible of the existence of technical and practical means enabling them to limit access to certain content and services deemed inappropriate for the minor.

MTNC automatically activates all telephone numbers in its list of minor subscribers from a content filtering and service limitation system. The deactivation of content and service filtering is only possible when the subscriber proves that he/she is of legal age (21 years) by providing the documents indicated in article 4.1.

MTNC is implementing a simplified online call or information process that allows a parent or guardian to verify the activation of the content filtering system and service limitation associated with the number of the minor in their care.

Article IX.                   SIM CARD

• How the SIM card works
  • MTNC gives the Customer the SIM card with an associated telephone number. This SIM card allows the customer to transmit and receive communications from an approved Terminal Equipment designed for this purpose.
    • MTNC is the sole owner of the SIM card. The Customer may not assign, modify, destroy or damage it in any way whatsoever. Nor may he duplicate it or rent it to a third party unless it is his main or secondary professional activity in accordance with the regulations in force and having obtained the required authorizations.
      • Any attempt to modify the technical identification data written in the SIM card is prohibited and will result in legal action.
      • Each SIM card is assigned a confidential code that the Customer activates and whose confidentiality he must ensure. The latter may change it at any time. Dialling three successive incorrect codes causes the SIM card to be blocked. The latter can be unlocked free of charge at the Customer’s request.

• Loss or theft of the SIM card

1. In the event of loss or theft of the SIM card, the Customer undertakes to inform MTNC without delay by letter against discharge to which is attached a proof of identity. MTNC suspends the line as soon as it receives the declaration.

• Without being released from the above-mentioned formalities, the Customer may, in order to allow a rapid suspension of the provision of the service, inform MTNC by telephone by providing information enabling such customer to be identified.

• Suspending the provision of service shall take effect from the date of notifying the loss or theft of the SIM card.

• MTNC is liable for any misuse that occurs on a telephone line for which the Customer has regularly reported the loss or theft. The Customer is liable for any fraudulent use or breach of public order if he does not report the loss of his SIM card.

• MTNC will only reactivate the lost or stolen SIM card if the victim Customer presents an identity document attesting that he/she is the holder of the said card.

• Removing or deactivating the SIM card

The SIM card can be withdrawn from the Customer or disabled in the event of:

• Termination of the contract under the conditions provided for in this contract;
• No activity (Call, SMS, MMS or use of any Service) on the SIM card for a continuous period of three months;
• Not used within three days of activating the SIM card.

In the event of withdrawal or deactivation of the SIM card, MTNC can recycle the associated number and assign it to another Customer.

Article X.                    Mobile terminal equipment

1. Identification of Mobile Terminal Equipment

MTNC undertakes to identify the Mobile Terminal Equipment presented by the Customer at the time of subscription.

The Customer undertakes to use only mobile terminal equipment that meet the standards and requirements in force in Cameroon. MTNC cannot be held liable in the event of suspension of mobile terminal equipment that do not meet the standards in force.

1. Loss or theft of Mobile Terminal Equipment
   1. In the event of loss or theft of the Mobile Terminal Equipment, the Customer undertakes to inform MTNC without delay by written letter against discharge or by going personally to an MTN-owned store with proof of ownership to make his declaration and request the blocking of his Mobile Terminal Equipment. Additional information may be requested from the Client.
      1. MTNC blocks the Portable Equipment as soon as it is regularly informed.
         1. MTNC is not responsible for the consequences of an inaccurate statement by the Customer or a third party. On the other hand, the Customer is liable in the event of fraudulent use or breach of public order if he does not declare the loss of his Mobile Terminal Equipment.
         1. Lost or stolen Portable Terminal Equipment may be reactivated if the victim Customer presents identification and proof of ownership.
   1. Use of multi-media mobile phones dubbed smart phones.

MTNC informs the Customer about the functionalities of smart phones that can automatically trigger Internet-related functions and use up airtime. Consequently, the Customer is responsible for any automatic connection to the Internet established by the smart phone.

Article XI.                   SUSPENSION-TERMINATION

1. MTNC may suspend the service if the Customer fails to comply with his obligations under this contract.
   1. MTNC may also suspend service for imperative reasons of security or network maintenance. If necessary, MTNC takes measures to inform the Customer.
      1. The contract may be suspended in the event of force majeure. The party affected by such force majeure shall inform the other party thereto. The affected party may terminate the contract if the force majeure lasts more than thirty days.
         1. MTNC reserves the right to suspend the contract when the service is used for illegal, unlawful or immoral purposes or against the use for which it was subscribed and marketed, in particular and without limitation, when the Customer uses mobile terminal equipment that has been reported stolen or missing or when the Customer uses the line for commercial purposes.
         1. At the end of the suspension period, MTNC may terminate the contract if the cause of the suspension has not disappeared after 30 days. MTNC may also terminate or suspend services at the request of the competent authorities. Suspension or termination takes the form of deactivation of the Customer’s line.
         1. The service contract may be terminated by MTNC without notice in the event of:

• Withdrawal, cancellation or lapse of the operating licence granted to MTNC or any authorization required for the provision of the Services;
• Use contrary to applicable laws and regulations;
• Provision by the Client, when subscribing, of altered, irregular, false or incomplete documents;
• Successful completion of the Customer’s request for number portability;

Article XII.                 NUMBER PORTABILITY

1. 1. Outbound port request
      1. The Customer who wishes to transfer the use of his MTNC mobile number to another Operator must make his request to the other Operator after having obtained from MTNC his Operator Identity Statement (RIO). The other Operator will take care of the formalities necessary for the effective implementation of the porting
         1. A request for outgoing portability is a demand to terminate the contract. As a result, the Customer will no longer be able to change MTNC’s offers or options.
         1. The customer, notwithstanding his request for outgoing portability, shall remain bound by the commitments previously taken with MTNC.
         1. The effective porting of the number results in the termination of the Contract. In any event, MTNC remains outside the contractual relationship between the Customer and his new Operator.
         1. MTNC shall not be liable in the event of any fault, non-performance, failure, or malfunction attributable to the Customer or his new Operator which would have the effect of delaying, disrupting or preventing the porting. Consequently, MTNC cannot be held liable for the interruption of service related to number porting. Refusal of the outbound porting request
         1. MTNC may refuse the Customer’s porting request under the following conditions:
2. Incomplete data;
3. Inactive number on the day of the porting request;
4. Number already the subject of a portability request not yet executed;
5. Existence of a request from the Client for a change of number;
6. Renunciation by the Client;
7. Annual number porting limit reached

• The eligibility of the request may not call into question cases of exceptional technical constraints involving a postponement of the porting compared to the date initially planned.

Any refusal to port must be justified and notified to the applicant by any means in writing.

• MTNC shall not give the following reasons for refusing a porting compared:
• The existence of a dispute with the Client or unpaid invoices;
• The non-expiry of the subscription contract duration
• Maintaining the Customer on other MTNC services

1. Portability of the mobile number of another Operator (donor Operator) to MTNC (inbound porting)

1. Inbound porting request

The request to transfer the mobile number from a donor Operator to MTNC must be submitted to MTNC against a discharge. This request must contain

• The date and time of the request to port his number;
• The name of the donor Operator of the telephone number(s) to be ported;
• The number(s) to be ported;
• The Operator Identity Statement (RIO);
• Preferential porting time;
• Customer information:

• If a natural person: his surnames, first names, the original and photocopy of his identity document.
  • If sole proprietorship: surnames, first names, the original and photocopy of the promoter’s identity document and a copy of the registration with the Trade and Personal Property Rights Registry (RCCM)

The effective porting of the number results in the termination of the Contract that bound the Customer to the donor Operator.

Porting does not entail the transfer of services from which the Customer benefited under the contract previously subscribed with his previous Operator.

• Refusal of the inbound porting request

1. MTNC can only refuse the inbound porting request in the following cases:

• Incomplete request or request containing incorrect information.
• Number belonging to another person;
• Non-compliance with the management rules of the national numbering plan;

Any refusal to port must be justified and notified to the person concerned by any means in writing.

The eligibility of the request may not affect cases of exceptional technical constraints involving a postponement of the execution of the porting compared to the date initially planned;

1. If the Operator donating the number(s) subject to the porting request informs MTNC that the request is ineligible, MTNC informs the applicant of the porting within eight days.

• Special conditions for number porting:

In addition to the general conditions determined above allowing number portability, all Operators are required to comply with the following specific conditions:

• Number porting must be ensured on a permanent basis.
• The period during which the Customer may neither receive nor make a call after the start of the porting may not exceed two (02) hours, starting from the time the portability is actually implemented;
• Number attributing and receiving operators must not receive any remuneration from the Customer who requests porting;
• The same quality of service is ensured for calls both to a ported and an unported number;
• A customer whose number has been ported may only request the porting of the same number after a period of sixty (60) days;
• The Customer may not port his number more than twice a year;
• Numbers released after posting are returned to the Operator assigning the number.
• The Receiving Operator is required to immediately inform the Attributing Operator of the termination of the ported number and to return such number to them within ten (10) days, as from the termination;
• The registration of the number listed in the telephone directory is the responsibility of the receiving Operator.

• Implementation of number portability
• After a favourable opinion, the Donor and Receiving Operators shall respectively determine the date and time of porting and notify the porting applicant and other Third-Party Operators.

1. Before porting time, the Receiving Operator shall notify the other Operators of the routing information that will enable them to make technical changes in their networks, so that the ported numbers are accessible from their networks.
2. The Donor Operator deactivates the number, sends a confirmation to the Receiving Operator, and notifies the other Operators thereto.
3. The porting applicant can stop the porting before the porting process is completed.

• If the information provided by the Client proves to be fraudulent, the Receiving Operator and Donor Operator shall consult each other and terminate the process if the porting is not yet effective;

In case the porting is already effective, the transaction must be deleted, and number returned to the donor Operator with notification to the other Operators.

• Obligation of the Operators

Upon receipt of the porting request, MTNC informs the Customer of the porting procedure, the information and documents to be provided, porting period, applicable tariff information, and associated codes.

Ported numbers are used in accordance with the following conditions:

• The attributing Operator may not assign the number ported to another Customer, unless the subscription contract has been terminated with the Receiving Operator and number returned to the attributing Operator.

• The donor Operator shall deliver the Operator Identity Statement, free of charge;During the minimum period of sixty (60) days following the porting date, the Receiving Operator must inform any caller to a ported number, free of charge, of the identity of its network before establishing the connection.

Article XIII.                               APPLICABLE LAW AND JURISDICTION

1. The validity of this Agreement and any other question or dispute relating to its interpretation, execution or cancellation shall be governed by the laws in force in the Republic of Cameroon.
2. In the event of a complaint, the Customer must contact MTNC in writing against discharge or by calling 8787, free of charge.
3. In the event of dissatisfaction, the dispute is referred to the Regulatory Authority in charge of electronic communications for an attempt at conciliation in accordance with the regulations in force.
4. In the event that the attempt at conciliation fails, the dispute shall be submitted by the first party to act to the GICAM Arbitration Centre jurisdiction (G.A.C.) in Douala.

Article XIV.                CONTRACT DOCUMENTS

The following are considered as contractual documents:

• These general conditions and annexures;
• The Client identification form;
  • The signature of this Agreement constitutes acceptance of the relevant general terms and conditions of subscription. The Client receives and keeps a copy thereof.