Prepaid Contract Terms & Conditions
Emtel Prepaid General Terms and Conditions of Service
In these Terms and Conditions, the following words will have the following meaning unless the context otherwise requires:
- Airtime credit means mobile credit available on the SIM so as to allow the usage of the Service offered by EMTEL.
- “EMTEL” means EMTEL LTD, a private limited company, registered under the Laws of Mauritius having its principal place of business at EmtelWorld, 10, Ebene Cyber City, Ebene and bearing business registration number C06006174
- “ForceMajeure” meansaneventorcircumstancebeyondthedirectcontrolofEMTEL.Force Majeure events shallinclude,butwillnotbelimitedto,acts ofGod, fire, floods, cyclones, earthquakes, epidemics, strikes, lockouts, riots, effects of war, civil commotion, political unrest and governmental acts, proclamations and regulations (including export and import control regulations and foreign exchange regulations).
- “Subscriber” means a licensed user of the EMTEL System through the use of the SIM
- “Subscriber Equipment” means any equipment acceptable to EMTEL and capable of providing a two way cellular communication service in the EMTEL System in accordance with this agreement.
- “Service” means the telecommunication Service and/or any other Services as EMTEL may choose to make available via System from time to time.
- “System” means the Telecommunication System as made available by EMTEL.
- “SIM Card” means Subscriber Identity Module serviced by EMTEL
- “Regulatory Authority” means the Information and Communication Technologies Authority or any such
Authority regulating the Service.
• “Value Added Services” means any additional features and services which EMTEL may offer on theService otherthanthe standard prestation offered by EMTEL. Such Value Added Services shall in addition to the present General Terms & Conditions be subject to specific terms & conditions, to which the Subscriber agrees to automatically upon activation and usage of the said Valued Added Service.
- “Supplier” means any entity with whom EMTEL directly or indirectly deals to offer a Service and includes content providers.
- “Validity period” in relation to airtime credit shall be the maximum time period, after activation, during which the subscriber will be allowed to access the Service or Value Added Services as may be provided by EMTEL from time to time.
Throughout this agreement, whenever required by context, the use of the singular number shall be constructed to include the plural, and the use of the plural the singular, and the use of any gender shall include all genders.
Consent of Electronic record
The Subscriber herewith through the use of the Service acknowledges and agrees:
To be bound by the terms and conditions in electronic form thereof;
The electronic records of the terms and conditions fully satisfies any requirement that such communication be provided in writing or in a format that the Subscriber may keep;
At any time, request of a paper version of the said electronic terms and conditions of service may be made;
The electronic record shall not be denied legal effect, validity or enforceability solely on the ground that it is in electronic form.
Connection to the System and provisions of the Service
• EMTEL will provide to the Subscriber a SIM Card with a telephone number for use through the EMTEL Network. The Subscriber shall purchase airtime credit through such facilities as may be made available by EMTEL to enable him to make calls or make such use of service through the EMTEL System. The Subscriber agrees that such facilities for purchase of air time is subject to such terms and conditions entered between the Subscriber with such Supplier. The Subscriber further undertakes to update directly such Supplier of any discontinuation or change in SIM Card.
• The terminal is to be used with the SIM Card connected solely through the EMTEL Network. A fee as determined by EMTEL from time to time shall be payable if it is to be adapted for use through any other network.
• This service allows the holder of an EMTEL SIM to make and receive national and international calls (the international Service) through International Long Distance Operators selected or pre-selected by the Subscriber. Charges for International Service include both the charges by EMTEL and the charges levied by the International Long Distance Operators. The charges levied on behalf of the International Long Distance Operator shall also be deducted by EMTEL and the airtime credit shall be debited of the amount of the aforesaid charges or a separate billing shall be done, whichever is applicable.
• EMTEL may also offer Value Added Services for use by the Subscriber. Value Added Services will be provided upon the Subscriber’s request and EMTEL’s acceptance. Such Value added service may be provided at cheaper rates or free of charge for a trial period determined by EMTEL, to certain or all of EMTEL customers. Such fees as may be determined by Emtel shall be payable for those Value Added Services.
• The Subscriber agrees to EMTEL deducting any fee or charges which may occur in the provision of the Service, as well as the charges for calls in accordance with the tariff charged for the Service including calls and the fees or charges for the Value Added Services at the rates established by EMTEL. The Airtime credit available shall then be debited of the amount of the aforesaid fee or charges. EMTEL reserves the right to change the Terms, Conditions, and Provisions under which the Service is offered, 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 wherever possible to Subscriber and by publishing amended tariffs at the main place of business of EMTEL or 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 his agreement shall be amended and/or varied accordingly.
• The Prepaid Scratch Card used for crediting airtime or such other methods of credit recharge shall be available in and be valid for different values corresponding to the respective validity periods stated therein. The Prepaid Scratch Card and such other methods of credit recharge shall remain valid for the use on the EMTEL network within the validity period as stated therein or until the airtime is used whichever occurs first.
On the expiry of the validity period, the airtime credit shall be deactivated and any unused amount shall be carried forward upon recharge of credit, within such time as may be determined by EMTEL from time to time.
- The subscriber may check his credit by dialing *122# or through such other code as may be communicated from time to time by EMTEL and no printed document will be issued to the subscriber.
• Once the validity period of the airtime credit has expired and the subscriber does not recharge the SIM with fresh airtime credit, the SIM Card shall be deactivated and shall be disconnected from the system by EMTEL. EMTEL is not bound to give any further notice whatsoever to the Subscriber and may reassign such SIM Card at its sole discretion.
• NO reconnection following disconnection, of a SIM Card would be applicable where disconnection results from inactivity for period of 6 months or such other timeframe as may be determined by EMTEL.
• EMTEL shall use all reasonable endeavours to ensure that the Subscriber shall be able to remain connected to the System as long as the Subscriber abides by the provisions of this service agreement.
• EMTEL reserves the right to disconnect or refuse Service to a Subscriber, if EMTEL is of the opinion that the Subscriber has failed to observe or perform any of the Terms and Conditions of this agreement, any provision or regulation imposed by the Regulatory Authority and/or any other relevant law in force from time to time.
• EMTEL reserves the right to summarily and at any time suspend or terminate the Service with the Subscriber without having to give to the subscriber any reasons whatsoever therefore.
• EMTEL may at any time and from time to time modify or discontinue, temporarily, or permanently, the Service (or any part thereof) with or without notice if EMTEL considers such modification or discontinuation is desirable.
• EMTEL shall not be liable for any loss or inconvenience to the Subscriber or to any third party resulting therefrom.
• EMTEL shall not incur any liability by reason of the suspension or the termination of the Service.
• EMTEL shall not be liable for any loss or damage which may be occasioned through any interruption or loss of the Service due to any cause whatsoever including but not limited to lack of coverage.
• EMTEL shall not be liable to the Subscriber or any third party with respect to any action taken or omitted to be taken by EMTEL in connection with or arising from this agreement.
• EMTEL shall not be liable to the Subscriber or any third party for indirect or unforeseeable losses. EMTEL shall in no event be liable to third parties for the execution of the Service.
• EMTEL shall not be liable for loss, damage to health and/or property otherwise through use of mobile cellular phones and/or from use of Service. The Subscriber formally and expressly agrees that the use of the Service is at his sole risks.
•Emtel shall not be liable to the Subscriber for any loss of business, profit, revenue, goodwill, anticipated savings, use or contracts or for any indirect or consequential loss however it arises.
• Under no circumstances shall the liability of Emtel exceed the aggregate value of the Subscriber equipment or of the average usage of the preceding 12 months of usage of service (excluding roaming facilities), whichever is lesser.
•EMTEL shall not be liable to provide the service in the event of a Force Majeure or for acts or omissions of persons or bodies for whom EMTEL is not responsible or any other cause, whether similar or dissimilar, outside EMTEL’s control.
• No liability of any nature whatsoever shall be incurred by EMTEL on the happening of a ‘Force Majeure’ or any such events as aforesaid.
- No delay, neglect or forbearance on the part of EMTEL in enforcing any provision of this agreement shall be deemed to be a waiver or in any way create a precedent or in any prejudice EMTEL’s right under this agreement.
• EMTEL reserves the right to disclose any information on the subscriber and the details of the service provided to the relevant authorities in accordance with the prevailing laws.
• EMTEL and/or its Suppliers make no representations about the suitability, reliability, availability, timeliness, quality, variety, speed and accuracy of the information, products and Service. All such information, products and Service are provided “AS IS” without warranty of any kind. EMTEL and/or its Suppliers hereby disclaim all warranties and conditions with regard to the information, Product and Service. Notwithstanding the foregoing, EMTEL will use
its best endeavours to update or cause to, make changes regularly. Such information or Service shall however not be relied upon for personal, legal or financial decisions. EMTEL or its Suppliers shall not be liable for any loss whatsoever as a result of reliance placed on the aforesaid information or Service.
• EMTEL does not make any warranty on the availability of complete array of Services provided by EMTEL to the Subscriber using Subscriber Equipment not directly purchased from EMTEL.
• Where there is a conflict between this agreement and any other conditions mentioned in or printed on any correspondence exchanged between the parties, this agreement will prevail.
• The Subscriber hereby undertakes:
(a) To ensure that the Service is not used for any unlawful purposes.
(b) To ensure that the Subscriber Equipment is lawfully possessed and does not contravene any law or regulation.
(c)To ensure that the Service is not used at any time so as to cause irritation, annoyance, embarrassment, harassment, or nuisance of any kind whatsoever to others.
• The Subscriber (hereinafter called the Transferor) may transfer his subscription to another party (hereinafter called the Transferee) subject to the approval of EMTEL and subject to the completion of such additional process as may be required by Emtel. Unless and until such time that such conditions as may be imposed by EMTEL are not met, it is deemed that the Transferee is not effective and the Transferor is still liable for the service.
• Personal Data is any data that identifies you as an individual or is capable of doing so and does not include general, statistical, aggregated or anonymised information. The Personal Data which you supply to us, you agree, will be true, complete and accurate in all respects and you agree to notify us as soon as possible of any changes to such Personal Data. We will deal with your Personal Data in compliance with the prevailing data protection laws.
Authorisation for the activation of pre-selection of the Carrier
The Subscriber authorizes EMTEL to activate the pre-selection of the carrier on the SIM.
The subscriber through the usage of the Service, declares having concluded a contract with EMTEL for the said number for which the activation is requested. The Subscriber further consents to the activation of carrier pre-selection on the SIM. All international calls will be routed by default through the International Gateway of EMTEL. EMTEL will be responsible for the processing of the international portion of the calls, and for the invoicing of those calls and the collection of payment for those calls.
The Subscriber declares to have been informed that if SIM Card is terminated or nullified for whatever reason, the activation of the pre-selection will be automatically removed for which EMTEL cannot be held responsible. The Subscriber declares to be aware that outside of the above case, he can terminate the activation of the pre-selection of the carrier himself by submitting a request to this end to EMTEL. The present activation of the pre-selection of the carrier causes the annulment of every pre-selection of a previous carrier activated on the SIM. The Subscriber shall be solely liable for any risk or liability resulting from the termination the services selected carrier, and declares that he will fulfill all contractual obligations regarding this carrier. This annulment does not infringe the Subscriber’s right to have another carrier activated at any time.
• The construction, validity and performance of this agreement shall be governed by the laws of the Republic of Mauritius, and the parties irrevocably submit to the exclusive jurisdiction of the Mauritian courts for the purpose of enforcing any claim arising hereunder.
• In the event that any Term, Condition or Provision of this agreement is held to be a violation of any applicable law, statute or regulation, the same shall be deemed to be deleted from this agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such Term, Condition or Provision had not originally been contained in this agreement.
• The schedules and/or annexes to this agreement constitute an integral part hereof.
EMTEL may at its entire discretion amend these Terms and Conditions from time to time. Those amended
Terms and Conditions shall be binding upon the subscriber as from the date of their application by posting at the headquarters of EMTEL and on the official website of EMTEL.
Any subscriber who is not agreeable to those amended Terms and Conditions shall inform EMTEL of the fact; thereupon the present agreement shall terminate without any liability upon EMTEL and EMTEL shall deactivate the SIM Card and disconnect the subscriber from the system.
The subscriber is deemed to have accepted the above Terms and Conditions once he/she uses the service of EMTEL and is connected to EMTEL network.
All information in the Registration Form, the General Terms and Conditions of Service and the Special
Terms and Conditions of Service shall constitute the entire Agreement.
The Terms and Conditions as set out in the Annexes shall be in relation to a specific service and shall be in addition to other provisions in these General Terms and Conditions. In the event of inconsistency, the Special Terms and Conditions shall prevail over the General Terms and Conditions of Service.
ANNEX A – EMTEL HOME & OFFICE Fixed Wireless
Terms and Conditions of Service
By ordering and/or using the EMTEL Home & Office Fixed Wireless service (the “EMTEL Home & Office Service” or “this Service”) the Subscriber agrees and accepts fully the Terms and Conditions as set out herein and in the General Terms and Conditions of Service to the extent that the Terms therein are not inconsistent with these Special Terms and Conditions:
1.0 EMTEL HOME & OFFICE SERVICE.
EMTEL Home & Office Service refers to the telecommunication service (voice, data, Value Added Services etc.) as provided from time to time by EMTEL via a fixed wireless handset device (“Fixed Wireless Terminal”) connected to EMTEL’s wireless network such as a GSM or 3G network, or such other technology as may be made available by EMTEL from time to time.
2.0 ENTIRE AGREEMENT/AGREEMENT.
Subscriber agrees to be bound by the applicable Terms and Conditions and acceptable usage policies and any modifications made to same by EMTEL from time to time.
3.0 SUBSCRIBER ACKNOWLEDGEMENTS REGARDING THE SERVICE.
3.1 The EMTEL Home & Office Service consists of a fixed wireless connection. While EMTEL will undertake all reasonable commercial efforts to deliver the stated Service within industry acceptable standards, the Subscriber acknowledges that Service parameters such as speed may vary depending on Internet traffic and other factors beyond the control of EMTEL.
3.2 EMTEL Home & Office Service is powered by a standard electrical connection. If the customer’s electrical connection fails then the Service will be disrupted or will be unavailable.
3.3 Access to services is provided on a “best effort” basis and is reliant on an electrical supply to the Subscriber Equipment (as defined in Section 4 below) and availability of the network. In the circumstance where Service is unavailable due to network availability, the Subscriber may terminate the service in writing within 7 days from the time it is first connected on EMTEL’s network, without penalty and with refund of fees paid.
3.4 Subscriber accepts that EMTEL may change or withdraw any element of this Service from time to time and will use reasonable efforts to notify Subscriber of any necessary change in the Services.
3.5 Subscriber acknowledges that internet access using this Service is an “always on” connection to theinternet whiletheFixed Wireless Terminal is powered on and that it is Subscriber’s SOLE RESPONSIBILITY to install, configure and maintain suitable security measures to protect Subscriber’s computer and other device from unauthorised or malicious access from the internet. Any advice or equipment provided by EMTEL is provided ‘as is’ and EMTEL accepts no responsibility or liability for the security of Subscriber’s systems.
3.6 Both uploads and downloads are taken into consideration for the computation of data usage for the Service.
3.7 The EMTEL Home & Office Service is not provided with International Roaming capability. The Subscriber shall not use the EMTEL Home & Office Service for International Roaming facilities. Breach of this clause will be deemed material and EMTEL shall reserve the right to terminate this Agreement as of right and without any judicial or extra judicial formality.
4.0 EQUIPMENT & WARRANTY
4.1 Upon entering into this agreement and payment of the relevant fees, the Subscriber shall be provided with the Subscriber Equipment. For the purposes of this Agreement, Subscriber Equipment refers to the Fixed Wireless Terminal and/or Spare Part.
4.2 Subscriber agrees to use the Subscriber Equipment reasonably and in accordance with EMTEL’s instructions and equipment User Guide. In the event where Subscriber Equipment is loaned to Subscriber by EMTEL, that Equipment shall remain the sole property of EMTEL and Subscriber agrees to take reasonable steps to protect the Equipment from damage, loss or theft.
4.3 If EMTEL cannot for any reason recover the Equipment in good condition on demand from Subscriber then Subscriber agrees that he will be immediately liable to pay a replacement fee determined by EMTEL plus applicable taxes.
4.4 Subscriber agrees to notify EMTEL as soon as reasonably possible once he becomes aware of any damage to the equipment or defect in the operation of the equipment by telephoning EMTEL at the numbers or addresses published from time to time.
4.5 Subscriber agrees not to, nor allow any other party to modify, tamper the Equipment. Any evidence of tamper will tantamount to material breach by the Subscriber entitling EMTEL to terminate the Agreement as of right without the need for any judicial or extra judicial formality.
4.6The Subscriber Equipment is provided with a warranty in accordance with EMTEL’s warranty policy. THE WARRANTY PROVIDED BY THE WARRANTY POLICY REPRESENTS EMTEL’S ONLY EXPRESS WARRANTY AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED.
5.0 LIMITATIONS OF THE EMTEL HOME & OFFICE SERVICE
EMTEL Home & Office Service is to be provided between stationary network connecting points and at the address indicated by the Subscriber as the Installation Address provided by the Subscriber on the Registration Form. The Subscriber may be charged higher rates and penalty if the Subscriber Equipment is used at place(s) other than the Installation Address. It is the Subscriber’s responsibility to inform EMTEL in writing of any change in this address.
Subscriber expressly agrees that the removal of the SIM Card for Emtel Home & Office Service for any reason whatsoever is strictly prohibited and may entail automatical termination of the said service without the need for judicial or extra judicial recourse.
If any term of this agreement is held invalid, illegal or unenforceable by any court of competent jurisdiction, it will be severed and the remaining terms will continue in full force as if this Agreement has been made without the invalid, illegal or unenforceable terms.
This agreement may be amended by Emtel from time to time as Emtel introduces new cash functionalities.
Emtel’s failure to exercise or enforce any right under this agreement shall not be deemed to be a waiver of any such right nor shall it prevent Emtel from exercising or enforcing the right in question at any time.
The Subscriber may not transfer any rights or obligations it may have under this agreement, without Emtel’s prior written consent.