DEVICE AND POSTPAID PLAN AGREEMENT
This Agreement is made and shall be read in conjunction with the terms and conditions of the Postpaid Contract. In case of any conflict between this Agreement and the Postpaid contract, this Device and Postpaid Plan terms and conditions shall prevail.
Definitions
In this Agreement the following expressions shall have the meanings assigned to them unless the context otherwise requires:
"EMTEL" means EMTEL Limited, a company incorporated under the laws of the Republic of Mauritius (BRN C06006174), with its registered office at 10 Ebene Cyber City, Ebene.
"Subscriber" means the individual in this Agreement who subscribes to EMTEL's Postpaid Plan and acquires the Device under the instalment arrangement.
"Device" means the specific mobile handset or other eligible device selected by the Subscriber and acquired under the Device Instalment Agreement, the details of which are set out therein.
"Down Payment" means an amount equal to a minimum thirty percent (30%) of the retail price of the Device, payable in full by the Subscriber at the point of sale before the Service is activated.
"Instalment Amount" means the remaining seventy percent (70%) of the retail price of the Device, divided into twenty-four (24) equal monthly instalments, interest-free, billed alongside the Monthly Plan Fee.
"Monthly Plan Fee" means the recurring monthly charge for the Postpaid Plan selected by the Subscriber, being one of the following: Rs 599, Rs 899, Rs 1,099, or Rs 2,099 per month (or such revised tariff as EMTEL may publish from time to time in accordance with clause 7).
"Minimum Contract Period" means a minimum of twenty-four (24) months commencing from the date of activation of the Service unless other mentioned in the Customer Application Form.
"Service" means the postpaid mobile telecommunications services (including voice, SMS, and data) provided by EMTEL to the Subscriber under the selected Postpaid Plan.
"SIM" means the Subscriber Identity Module card issued by EMTEL to the Subscriber for use exclusively on EMTEL's network.
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1. Application and Eligibility
1.1 Application
The applicant shall make an application to become a Subscriber to the Service(s) offered by EMTEL by filling in and remitting to EMTEL its Customer Application Form and/or any document defining the Services either online or in-person, ("the Customer Application Form") as provided by the applicable legislation for registration of telecommunication services.
In the event that the applicant does not provide Emtel with true, correct and accurate information, Emtel shall forthwith reject and/or terminate this agreement and the Customer Application Form with the Subscriber.
In case the event that the applicant is not agreeable to the below terms and conditions of this Agreement, the Subscriber shall forthwith terminate this agreement and shall immediately stop using the Service and pay the outstanding amount of the Device.
1.2 Eligibility Criteria
To be eligible for this offer the Subscriber must:- a) be an individual of at least eighteen (18) years of age, or a duly registered legal entity with capacity
- to contract;
- b) pass EMTEL's credit assessment to EMTEL's satisfaction;
- c) select one of the Eligible Monthly Plans (Rs 599, Rs 899, Rs 1,099, or Rs 2,099 per month);
- d) pay the Down Payment in full and cash at the point of sale prior to activation; and
- e) not already be a beneficiary of another active Device Instalment Offer with EMTEL, unless
- otherwise agreed by EMTEL in writing.
1.3 Acceptance of Application
EMTEL shall only be bound by this Agreement when it has been signed and accepted by a duly authorized representative of EMTEL. Acceptance will only take place if the Subscriber and/or Payer(s) as applicable pass amongst others a credit rating to EMTEL’s satisfaction. This Agreement constitutes the entire contract between the Subscriber and/or Payer as applicable and EMTEL and the terms of the Agreement shall apply to the exclusion of all other terms and conditions whether implied or proposed by the Subscriber and/or Payer orally or in writing unless expressly accepted in writing by EMTEL.
EMTEL reserves the right to change from time to time the terms, conditions and provisions under this Agreement, including but not limited to variation of any or all of its charges/tariffs and charging mechanisms for the Service, by giving reasonable prior notice whenever possible to the Subscriber and by publishing amended tariffs and /or terms and conditions which shall be available at such other place or published by the means of such other medium as may be decided by EMTEL. Such amendments and/or variations shall have immediate effect and this Agreement shall be amended and/or varied accordingly.
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2. Application and Eligibility
2.1 Plan Selection
The Subscriber shall select one of the following monthly postpaid plans at the time of application.:Monthly Plan Fee Rs 599 Rs 599 Rs 599 Rs 599
Full details of the inclusions, data allowances, voice/SMS bundles and any other add-ons for each plan are
available at www.emtel.com.
2.2 Plan downgrade Restriction
During the Minimum Contract Period of this Agreement, the Subscriber cannot not downgrade to a plan that is or is not on the list of the Eligible Monthly Plans for this offer. Upgrade to a higher plan on the Eligible Plans list are permitted subject to availability2.3 Network & Service
EMTEL shall use all reasonable endeavours to connect and maintain the Service on EMTEL’s network. The Service is subject to network coverage, availability, and the Regulatory Authority’s requirements. EMTEL does not guarantee uninterrupted or fault-free service.
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3. Billing and Payment
3.1 Monthly Bill
EMTEL shall issue a single Monthly Bill to the Subscriber each month comprising:- The monthly plan fee for the selected Postpaid Plans, and
- The Device instalment Amount (e.g being one twenty-fourth (1/24) of the remaining device balance after the downpayment
Both components are payable by the due date shown on the monthly bill.
3.2 Down Payment
The down payment of the thirty percent (30%) of the full retail price of the Device is due and payable in full at the point of sale. The Down payment is non-refundable.3.3 Interest Free Instalments
The Device Instalment Amount is spread over a minimum of twenty four (24) equal monthly instalments or as mentioned in the Customer Application Form at zero percent (0%) interest.3.4 Device Payment
- The agreement remains valid if the device is damaged/loss/theft or under repairs
- Customer will be allowed to repay any outstanding amount earlier
- If the customer disposes of the device before full repayment, this does not affect the customer’s obligation to repay the full devices amount
- In the event that the Device is replaced with another device of equal value due to faulty device then the instalments for the monthly device fee do not change
3.5 Late Payment
In the event that any amount remains unpaid after the due date stated on the Monthly Bill :- A Late Payment Charge (LPC) of ten percent (10%) of the outstanding balance shall become payable without the need for any judicial or extra-judicial formality.
- EMTEL may suspend or restrict the Service until all outstanding amount (including the Device instalment) are settled in full.
3.6 Recovery Costs
In the event of recovery of any unpaid amount through the medium of an attorney at law, the Subscriber and/or Payer shall be liable to indemnify EMTEL of all costs incurred by EMTEL in order to recover the unpaid amount. Such costs shall include but not be limited to the actual expenses and any fees charged
and commission including VAT charged by the attorney-at-law3.7. Disputed Bills
Any dispute regarding the Monthly Bill must be raised in writing by the Subscriber no later than the service restriction date shown on the bill. Failure to do so shall be deemed acceptance of the bill. EMTEL will endeavour to resolve disputes promptly, EMTEL’s decision shall be final and binding.3.8. Ownership of Device
The Ownership of the Device shall only be passed to the Subscriber upon the full and final payment of the
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4. Duration and Minimum Contract Period
This Agreement commences on the date the Service is activated and shall remain in force for the Minimum Contract Period. After the expiry of the Minimum Contract Period, the postpaid subscription shall continue on a month-to-month basis until terminated in accordance with clause 8.
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5. Obligations of the Subscriber
The Subscriber undertakes and agrees to:
- a) Abide by the terms and conditions of the Postpaid Contract available on www.emtel.com.
- b) maintain an Eligible Monthly Plan for the entire Minimum Contract Period;
- c) pay all amounts due under the Combined Monthly Bill by the stated due date each month;
- d) use the Service only for lawful purposes and in compliance with all applicable Mauritian laws, the Regulatory Authority's directives, and EMTEL's acceptable use policies;
- e) not use the Service to cause irritation, annoyance, harassment, or nuisance to any person;
- f) promptly notify EMTEL in writing of any change of address, contact details, or banking mandate;
- g) promptly report any loss, theft, or unauthorised use of the SIM or Device to EMTEL and to the Police, and remain liable for all charges incurred until EMTEL acknowledges written notification and deactivates the SIM;
- h) to be sole responsible for the use, safe custody and maintenance of the device;
- i) not to do anything that would interfere with the product warranty that applies to the device;
- j) not to insert and use other operators SIM than EMTEL in the Device;
- k) not transfer, sell, or otherwise dispose of the SIM or the subscription without EMTEL's prior written consent;
- l) comply with all instructions or directions issued by EMTEL from time to time regarding the use of the Service.
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6. Device Warranty
The Warranty Terms and conditions of the Device (available on www.emtel.com) shall apply to this agreement
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7. Tariff Changes and Amendments
EMTEL reserves the right to vary the Monthly Plan Fee or the terms of the selected Postpaid Plan by giving the Subscriber reasonable prior notice wherever possible. Such variation shall be communicated through EMTEL's website, statement of account, SMS notification, or such other means as EMTEL considers appropriate. Continued use of the Service after the effective date of any variation constitutes acceptance of the revised terms.
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8. Termination
8.1 Termination by the Subscriber
The Subscriber may terminate this Agreement after the expiry of the Minimum Contract Period by giving EMTEL at least four (4) months' prior written notice.
Early termination by the Subscriber during the Minimum Contract Period shall give rise to the following consequences:- a) The entire outstanding Device Instalment balance (all remaining monthly instalments) shall become immediately due and payable in full.
- b) The Subscriber shall remain liable for the Monthly Plan Fees for the balance of the Minimum Contract Period, or such cancellation charge as EMTEL may determine and publish from time to time.
- c) The Down Payment shall not be refundable.
8.2 Termination
EMTEL may summarily suspend or terminate this Agreement without prior notice if:- a) the Subscriber fails to pay any sum due under the Combined Monthly Bill by the due date and does not remedy such failure within seven (7) days of notification;
- b) the Subscriber commits a material breach of this Agreement;
- c) any information provided by the Subscriber is found to be inaccurate, false, or misleading;
- d) the Subscriber is adjudged bankrupt, enters into any arrangement with creditors, or (if a company) is wound up or placed under receivership;
- e) EMTEL is directed to suspend or terminate the Service by the Regulatory Authority; or
- f) the Subscriber's use of the Service violates any applicable law or EMTEL's acceptable use policy.
Upon termination by EMTEL for cause, all outstanding amounts (including the full remaining Device
Instalment balance) shall become immediately due and payable. -
9. EMTEL’s Rights and Limitations of Liability
9.1 Service Modification
EMTEL may at any time modify, suspend, or discontinue the Service or any part thereof, with or without notice, where EMTEL considers such action desirable. EMTEL shall not be liable for any loss or inconvenience caused thereby9.2 Limitation of Liability
EMTEL shall not be liable for:- any loss of business, profit, revenue, goodwill, anticipated savings, or contracts;
- any indirect, consequential, or unforeseeable loss however arising;
- interruption or degradation of the Service caused by network conditions, line-of-sight issues, atmospheric conditions, or Force Majeure events;
- loss or damage to health or property arising from use of the Device or SIM.
In no event shall EMTEL's total aggregate liability to the Subscriber exceed the lesser of (i) the aggregate value of the Device or (ii) the average monthly usage charges over the preceding twelve (12) months (excluding roaming charges).
9.3 Limitation of Liability
EMTEL does not guarantee constant advertised speeds, uninterrupted connectivity, or any specific quality of service. Actual performance may vary due to factors including but not limited to network traffic, device capability, and geographic location. The total liability of EMTEL under this Agreement shall not exceed the fees paid by the Subscriber under this Agreement.
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10. Suspension and Reconnection
EMTEL may, without prejudice to any other remedy, suspend the Service (including both the postpaid plan and device instalment billing) if the Subscriber or any designated Payer:
- a) fails to pay any amount due by the due date;
- b) exceeds any monthly usage limit set by EMTEL;
- c) is adjudged bankrupt or insolvent; or
- d) breaches any material term of this Agreement.
Upon the Subscriber remedying the breach and settling all outstanding amounts (including any reconnection fee), EMTEL may, in its absolute discretion, restore the Service. The Minimum Contract Period shall not be paused during any period of suspension.
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11. Transfer of Subscription
The Subscriber may not transfer this Agreement or the associated subscription, Device Instalment Arrangement, or SIM to another party without the prior written consent of EMTEL. Any purported transfer without such consent shall be null and void. Where EMTEL grants consent, the transferee must satisfy all eligibility criteria, sign a new agreement with EMTEL, and the Minimum Contract Period obligations shall continue to apply
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12.International Roaming
Where the Subscriber's selected plan includes roaming functionality, international roaming services shall be subject to the prevailing roaming tariffs published by EMTEL from time to time. Roaming charges shall be included in the Combined Monthly Bill. EMTEL may require an additional deposit prior to activating roaming and may set a monthly usage limit for roaming charges. EMTEL shall not be liable for service quality or availability whilst the Subscriber is roaming, as these are dependent on the host operator's network.
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13. Dispute Resolution
Any dispute arising out of or in connection with this Agreement which cannot be resolved through EMTEL's standard customer care process may be escalated in writing to EMTEL's Customer Relations team. If unresolved within thirty (30) days of receipt, the Subscriber may refer the matter to the Regulatory Authority or any other competent authority in accordance with applicable Mauritian law. This Agreement is governed by the laws of the Republic of Mauritius and the parties submit to the exclusive jurisdiction of the Mauritian courts.
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14.Data Protection
EMTEL shall process the Subscriber's personal data in compliance with the Data Protection Act 2017 of Mauritius and any subsequent amendments. Personal data collected pursuant to this Agreement shall be used for the purposes of service delivery, billing, credit assessment, customer communication, and EMTEL's legitimate business purposes. Emtel’s Privacy Policy shall apply to this Agreement.
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15.Force Majeure
EMTEL shall not be liable for any delay or failure to provide the Service arising from a Force Majeure event. EMTEL shall notify the Subscriber as soon as reasonably practicable upon the occurrence of a Force Majeure event and shall use reasonable endeavours to restore the Service promptly. If a Force Majeure event continues for more than thirty (30) consecutive days, either party may terminate this Agreement by written notice, provided that all Device Instalment amounts already accrued shall remain payable by the Subscriber.