DEFINITIONS:

In this Annex, the following words will have the following meaning unless the context otherwise requires. 
“EMTEL” means Emtel Ltd, a company registered under the laws of the Republic of Mauritius bearing Business Registration Number C06006174 and having its principal place of business at 10, Ebene Cyber City, Ebene.

“International Roaming (IR)” a facility offered by EMTEL to its Subscribers that allow the subscribers to enjoy Roaming Services while travelling and during the stay in a foreign country.

“Monthly Limit (ML)” refers to a threshold amount in rupees which is allocated to each postpaid subscriber mobile. 

“Prepaid Subscriber” refers to a user who purchases EMTEL’s service before using it. This requires that the subscriber has funds in the prepaid account before using it.

“Postpaid Subscriber” refers to a user who uses EMTEL’s services and is billed for the service usage at the end of the month. A Postpaid subscriber can either be an Individual or a Corporate.

“Roaming Partner” refers to Mobile Network Operators across the world with which Emtel has a roaming agreement to enable EMTEL to offer Roaming services.

“Roaming Services” refer to services such as incoming and outgoing Calls, SMS and Data (upload, download and any automatic updates) that EMTEL makes available to its Subscribers while abroad through its partners with which it has secured relevant agreements. The Roaming Services is offered by EMTEL along with one or more than one partner network in a foreign country. The Roaming Service can be rendered inflight, at sea or on land.

“Subscriber” means a licenced user of the EMTEL System through the use of a sim card.

“Subscriber Equipment” means any equipment acceptable to EMTEL and capable of providing a two way cellular communication service in EMTEL system in accordance with this agreement. 

1.    Activation of Roaming Services
EMTEL provides Roaming Services to all its Subscribers subject to the terms and conditions.  The below terms and conditions must be read in conjunction with the terms and conditions of the Airtime Agreement.  In the event of any inconsistencies between the below terms and conditions and the Airtime Agreement, the below terms and conditions shall prevail in respect of the Roaming Services.
1.1    Prepaid Subscribers: Roaming Services are already activated on prepaid sim card at the time of purchase.

1.2    Postpaid Subscribers should request for the activation of the Roaming Services through any EMTEL showrooms, by providing a proof of identity and any other relevant documents.

1.3    At the sole discretion of Emtel, Postpaid Individual Subscribers are required to make a deposit of Rs 5,000 (Five Thousand Rupees) for the activation of the Roaming Services. The Roaming Services or the deposit is non-transferable.

1.4    Postpaid Corporate Subscribers shall request for the activation of the Roaming Services through their dedicated EMTEL account representative or through their administrative contact of EMTEL.

1.5    Postpaid Corporate Subscribers shall make deposit of Rs 5,000 (Five Thousand Rupees) for the activation of the Roaming Services. 

1.6    Upon payment of the deposit (as may be required), the Roaming Services may be activated immediately or scheduled for a later date.

1.7    The Subscriber acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the activation process. The Subscriber shall keep EMTEL harmless from any claims and/or losses arising from any incorrect information provided by the Subscriber during activation of the Roaming Services.

2.    Provisioning of Roaming Services

2.1    Upon leaving the Mauritian territory the Subscriber’s sim card will latch on the network onto which EMTEL has partnered to provide the Roaming Services (the list of Roaming Partners can be accessed on www.emtel.com).

2.2    The provisioning of the Roaming Services will be on a permanent basis unless specified by the Subscriber. If Roaming Services is required on a temporary basis, the Subscriber shall specify the dates between which the Roaming Services are required from EMTEL.

2.3    EMTEL reserves the right not to release the Roaming Services for commercial and business reasons including but to limited to cases of any outstanding bills.

2.4    The Roaming Services will be subject to tariffs and schedules of charges for different countries shall be published by EMTEL from time to time.

2.5    EMTEL shall not incur liability by reason of the suspension, termination or unavailability of any Roaming Services whilst on roaming as these may vary from, country to country, region to region and operator to operator.

3.    Obligations of the Subscriber

3.1    Notwithstanding clause 1, by using the Roaming Services, the Subscriber expressly agrees to be bound by the terms and conditions contained within this Annex (and associated pricing and terms and conditions) and future amendments and additions to these as may be published from time to time.

3.2    The Subscriber agrees that while using the Roaming Services, EMTEL has no control over the services/quality of service offered by the Roaming Partner in the countries visited.

3.3    The Subscriber shall not use the Roaming Services for any fraudulent or unlawful activities.

3.4    The Subscriber shall promptly report to EMTEL in the event of theft, loss, unauthorized usage or unlawful acts with respect to the sim card. 

3.5    The Subscriber acknowledges that his local plans (daily, weekly and/or monthly) shall not be applicable to Roaming Services.

3.6    The Subscriber agrees that Emtel shall not in any event be liable for any breach or failure of the obligations under clause 3. 

4.    Payment for  Roaming Services

4.1    Prepaid subscriber:

4.1.1    The Prepaid Subscribers need only to recharge the account via the different recharge modes to be able to use the Roaming Services.

4.1.2     The Prepaid Subscriber agrees that should he/she run out of credit, the latter will not be able to use the Roaming Services.

4.2    Postpaid Subscriber
4.2.1    EMTEL endeavours to charge all roaming usage and relating charges thereto on the Subscriber bills within the month the Roaming Services are used. The Subscriber agrees that given the nature of the Roaming Services all roaming charges may not be captured immediately or in the same month and undertakes to pay all such related charges as may be applicable. 

4.2.2    Emtel may at its own discretion without any further notice use the deposit (if any) to settle the Subscriber’s account in case of late payment or default in payment.

5.    CHARGES AND PAYMENT TERMS

5.1    EMTEL shall issue to the Subscriber and the Payer(s) as appropriate at the respective addresses supplied and/or by email (E-Bill) and/or by SMS notification, a monthly statement of account and/or the charges of the Roaming Services showing the amount due by the Subscriber and/or Payer to EMTEL. The  Subscriber and  Payer(s) shall be  bound to promptly pay to EMTEL the amounts shown against  their  respective names/accounts  on  the  statement of account notwithstanding any contestation there may  be  in respect thereof. Any dispute relating to that statement of account shall be settled thereafter. 

5.2     In accordance with clause 4.2.1, notwithstanding the ML,   in the event of unforeseen circumstances such as system outages and any system failure beyond the control of EMTEL and its Roaming Partner, such usage shall be billed to the Subscriber in subsequent month/s.

5.3    The Subscriber remains at all times liable for all fees stated in the statement of account arising from the use of the Roaming Services including in the event the Subscriber(s) fails to settle amounts by the due date.

5.4    It shall be the sole responsibility of the Subscriber to ensure that the Payer(s) settle such sums that they have contracted to settle on behalf of the Subscriber by the due date.

5.5    The Subscriber and/or Payer(s) shall be deemed to have received the statement of account at the appropriate time when it has been posted or -sent to their email  addresses as supplied to EMTEL. It is the responsibility of the Subscriber and/or Payer(s) to ensure that their addresses remain up to date with EMTEL.

5.6    In the  event of any  fees  and/or  charges remaining unpaid after  becoming due,  EMTEL reserves the  right to charge interest on  the  overdue amount which  is still outstanding at two  (2 %) percent  above the  minimum lending  rate  charged by the  Mauritius  Commercial Bank Limited or by the State  Bank of Mauritius Limited, as from the date the account was overdue.

5.7     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, overheads, man-days, and any commission and VAT charged by the attorney-at-law.

5.8    The Subscriber and/or Payer(s) bind himself/themselves to comply with the billing and payment conditions as stipulated on the statement of account. Any query  regarding fees  and  charges shown on  the  statement of account must be  made in writing not  later than  the  service  restriction date  shown on the  statement of account, failing which the  statement of account shall be deemed to have  been accepted by the  Subscriber. EMTEL endeavours to resolve such queries promptly. The decision of EMTEL shall be final and binding.

5.9     The fees applicable for Roaming Services shall differ from each and every Roaming Partners.  The schedules of tariff can be accessed on www.emtel.com.

6.    Application of Monthly Limit (ML)

6.1    The ML is only an expression of intended monthly usage and monitoring of the account and shall not be construed in any manner as a limitation of liability.
6.2    All Roaming Services used will be charged to the Subscriber account and same will be net off against the ML of the account.
6.3    The Subscriber agrees to receive ML notifications while on roaming and to respond accordingly in case the ML is not enough.
6.4    Upon receipt of ML notification an Individual Postpaid Subscriber can request for the ML increase while still on roaming:
6.4.1    Through a free short code 8405 and for a specific number of days;
6.4.2    Via Emtel App or Emtel Self Care;
6.5    Upon receipt of ML notification, a Corporate Postpaid Subscriber can request for an increase in ML through the company administrative contact for EMTEL or through the Emtel Account Representative.
6.6    The maximum amount to which the ML can be increased while on roaming is Rs 10,000 (Ten thousand Rupees) for Individual Postpaid Subscribers.  Any increase in ML above Rs 10,000 will be at the sole discretion of EMTEL.
6.7     EMTEL shall at its discretion deactivate the Roaming Services without the requirement of notifying the Subscriber if the ML is exceeded and in the event EMTEL has not received any request to increase the ML.
6.8    In the event the Subscriber has exceeded the ML, the Subscriber remains responsible to settle all associated charge to the Roaming Services used and other related charges even beyond the stated ML.
6.9    Any person making a request for Roaming Services or ML increase on behalf of an individual or a corporate Postpaid Subscriber should produce relevant documents authorizing to do so on behalf of the person or company. The non-production of any such documents shall not impair EMTEL’s claims against the other party.

7.    Termination of the Roaming Services

7.1    By the Subscriber:
7.1.1    The Subscriber may request for the termination of the Roaming Services at any point in time.
 
7.1.2    Such termination to be made by the Subscriber with a proof of identity or by the Company administrative representative with the authorisation to do so.

7.1.3    In case of termination of the Roaming Services, the Subscriber may request for a refund of any deposit that remains appended to the subscription subject to all the existing bills and charges having been settled.

7.2    By Emtel:
7.2.1    upon notification from the Roaming Partner for fraudulent or unlawful use, the Roaming Services shall be terminated and/or suspended with immediate effect;

7.2.2    Non settlement of bills on any postpaid service belonging to the Postpaid Individual Subscriber or the Postpaid Corporate Subscriber;

7.2.3    In case ML is exceeded.
7.2.4     At its sole discretion, for its commercial and business reasons without the need for judicial or extra judicial notice. 

8.    Warranties, and Limitation of Liability

8.1     EMTEL will not be responsible nor liable for any losses suffered by the Subscriber resulting from the non-applicability of the monthly limit, the delivery of the Roaming Services or for any other reasons beyond EMTEL’s control including but not limited to network downtime.

8.2    EMTEL shall not be liable for the unavailability of the Roaming Services and non- applicability of the ML in the event of a Force Majeure or for acts of omissions of persons or bodies for whom EMTEL is not responsible or any other cause, whether similar or dissimilar, outside EMTEL’s control.

8.3    No liability of any nature whatsoever shall be incurred by EMTEL on the happening of a force majeure or any such events as aforesaid.

8.4    The use of the Roaming Services and reliance on any products or services related thereto is entirely at the Subscriber’s own risk. The Roaming Services, including all its functionalities, is provided “as is” and EMTEL will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Roaming Services for any reason whatsoever.

8.5    The Subscriber agrees that under no circumstances whatsoever, EMTEL, its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, derelict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Subscriber, his directors, employees, dealers or customers, resulting from his use of or inability to use the Roaming Services or its products.

8.6    EMTEL will at its best efforts provide the Roaming Services and ensure that there is no failure and/or interruptions in the Roaming Services. The Subscriber is encouraged to inform EMTEL of any failure and/or interruptions in the Roaming Services and hold EMTEL harmless from any claims arising thereof.

9.    Data Privacy

The Subscriber acknowledges that during the use of Roaming Services, the storage, treatment and transfer of your personal data may be subject to legislation different from Mauritius.  The Subscriber undertakes having read and understood EMTEL’s Privacy Policy which can be accessed on www.emtel.com. 

10.    Other roaming related products

10.1    EMTEL may from time to time introduce new roaming offers and/or packs or modify the existing Roaming Services. The above Terms and Conditions – may be subject to necessary changes to cover the new products.

10.2    With or without notice of the changes, EMTEL shall not be liable for any loss, damage, inconvenience that may result thereon.

11.    Dispute Resolution
 
11.1    The Subscriber may contact the Call Centre on 8970 for any dispute, claim, to report discrepancies, failure and/or disruptions or for any support in relation to Roaming Services.
11.2    The Subscriber shall dispute any bills of the roaming usage relating to the Roaming Services within a delay of thirty (30) days of the notification.
11.3    Any dispute arising out of or in connection with this Agreement that is not resolved by EMTEL’s customer care may be escalated up to the Chief Executive Officer of EMTEL.
11.4    EMTEL shall try to resolve any dispute arising out of or in connection with this Agreement within a period of ninety (90) days of the date EMTEL became first aware of it.
11.5    Nothing in this section shall be deemed to exclude any legally recognised dispute resolution body from receiving, hearing and determining the dispute.

12.    Force Majeure

12.1    Emtel  shall not  be  liable to the  Subscriber for any delay  or failure to perform its obligations under the Terms and  Conditions under this Annex as a result  of a force  majeure event which  includes any event which  is beyond its reasonable control, is unforeseen and irresistible. Such events may include  without  limitation:  revolution or other  civil disorders; belligerent aggression by an  enemy; strikes;  labour  disputes; electrical  equipment or system availability delay  or failure; fires; floods;  acts  of God; government or regulatory  intervention.
    
12.2    If such delay or failure continues for at least thirty (30) days then either party to this Agreement may terminate their engagement by serving a notice in writing to the other.

13.    GENERAL

13.1    If any term of this Annex 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 had been made without the invalid, illegal or unenforceable terms.

13.2    This Annex may be amended by EMTEL from time to time. Such amended Agreement may be published in posters or pamphlets available at Agents, in the daily newspapers and/or on the EMTEL website (www.emtel.com) from time to time and shall take effect immediately upon publication.

13.3    EMTEL’s failure to exercise or enforce any right under this Annex shall not be deemed to be a waiver of any such right nor shall it prevent EMTEL from exercising or enforcing the rights in question at any time.

13.4     The Subscriber may not transfer any rights or obligations that he may have under this Annex without EMTEL’s prior written consent. The Subscriber  must not  use   the Roaming Services   for the  receipt  of or payment for goods or services  that  offend  or circumvent any law including without  limitation, narcotic  drugs, firearms,  obscene or  pornographic material  or services,  infringement of third party intellectual rights, running  illegal or unauthorised lotteries,  gaming  or gambling,  as well as material  that  is morally repugnant; incites  violence or desires to cause harm;  induces an unacceptable sense of fear or anxiety; encourages or incites  any person to engage in dangerous practices or to use  harmful  substances; induces or promotes tribal, religious  or racial disharmony; causes grave or widespread offence; or debases, degrades or demeans others.

13.5     Subject to clause 8, where EMTEL  receives notification  of the  death of the  Subscriber, EMTEL  shall suspend all activity of his Roaming Services until satisfied  that  the  relevant provisions of the  applicable legislation  have  been followed. 

13.6    Any notice or other communication in connection with this Annex shall be:  in writing and delivered by hand, fax or registered post with advice of delivery. Notices  to the  Subscriber are to be  sent  at the address provided by him  in the  Application Form and  notices to EMTEL  shall be  sent  as follows:
Address:  EmtelWorld, 10, Ebene Cybercity, Ebene, Mauritius
Fax: +230 454 10 10
Email: emtel@emtel.com
Attention:  Chief Executive Officer

14.    Governing law

14.1    The construction, validity and  performance of this Annex shall be  construed and 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 here under.

DEFINITIONS:

In this Annex, the following words will have the following meaning unless the context otherwise requires. 
“EMTEL” means Emtel Ltd, a company registered under the laws of the Republic of Mauritius bearing Business Registration Number C06006174 and having its principal place of business at 10, Ebene Cyber City, Ebene.

“International Roaming (IR)” a facility offered by EMTEL to its Subscribers that allow the subscribers to enjoy Roaming Services while travelling and during the stay in a foreign country.

“Monthly Limit (ML)” refers to a threshold amount in rupees which is allocated to each postpaid subscriber mobile. 

“Prepaid Subscriber” refers to a user who purchases EMTEL’s service before using it. This requires that the subscriber has funds in the prepaid account before using it.

“Postpaid Subscriber” refers to a user who uses EMTEL’s services and is billed for the service usage at the end of the month. A Postpaid subscriber can either be an Individual or a Corporate.

“Roaming Partner” refers to Mobile Network Operators across the world with which Emtel has a roaming agreement to enable EMTEL to offer Roaming services.

“Roaming Services” refer to services such as incoming and outgoing Calls, SMS and Data (upload, download and any automatic updates) that EMTEL makes available to its Subscribers while abroad through its partners with which it has secured relevant agreements. The Roaming Services is offered by EMTEL along with one or more than one partner network in a foreign country. The Roaming Service can be rendered inflight, at sea or on land.

“Subscriber” means a licenced user of the EMTEL System through the use of a sim card.

“Subscriber Equipment” means any equipment acceptable to EMTEL and capable of providing a two way cellular communication service in EMTEL system in accordance with this agreement. 

1.    Activation of Roaming Services
EMTEL provides Roaming Services to all its Subscribers subject to the terms and conditions.  The below terms and conditions must be read in conjunction with the terms and conditions of the Airtime Agreement.  In the event of any inconsistencies between the below terms and conditions and the Airtime Agreement, the below terms and conditions shall prevail in respect of the Roaming Services.
1.1    Prepaid Subscribers: Roaming Services are already activated on prepaid sim card at the time of purchase.

1.2    Postpaid Subscribers should request for the activation of the Roaming Services through any EMTEL showrooms, by providing a proof of identity and any other relevant documents.

1.3    At the sole discretion of Emtel, Postpaid Individual Subscribers are required to make a deposit of Rs 5,000 (Five Thousand Rupees) for the activation of the Roaming Services. The Roaming Services or the deposit is non-transferable.

1.4    Postpaid Corporate Subscribers shall request for the activation of the Roaming Services through their dedicated EMTEL account representative or through their administrative contact of EMTEL.

1.5    Postpaid Corporate Subscribers shall make deposit of Rs 5,000 (Five Thousand Rupees) for the activation of the Roaming Services. 

1.6    Upon payment of the deposit (as may be required), the Roaming Services may be activated immediately or scheduled for a later date.

1.7    The Subscriber acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the activation process. The Subscriber shall keep EMTEL harmless from any claims and/or losses arising from any incorrect information provided by the Subscriber during activation of the Roaming Services.

2.    Provisioning of Roaming Services

2.1    Upon leaving the Mauritian territory the Subscriber’s sim card will latch on the network onto which EMTEL has partnered to provide the Roaming Services (the list of Roaming Partners can be accessed on www.emtel.com).

2.2    The provisioning of the Roaming Services will be on a permanent basis unless specified by the Subscriber. If Roaming Services is required on a temporary basis, the Subscriber shall specify the dates between which the Roaming Services are required from EMTEL.

2.3    EMTEL reserves the right not to release the Roaming Services for commercial and business reasons including but to limited to cases of any outstanding bills.

2.4    The Roaming Services will be subject to tariffs and schedules of charges for different countries shall be published by EMTEL from time to time.

2.5    EMTEL shall not incur liability by reason of the suspension, termination or unavailability of any Roaming Services whilst on roaming as these may vary from, country to country, region to region and operator to operator.

3.    Obligations of the Subscriber

3.1    Notwithstanding clause 1, by using the Roaming Services, the Subscriber expressly agrees to be bound by the terms and conditions contained within this Annex (and associated pricing and terms and conditions) and future amendments and additions to these as may be published from time to time.

3.2    The Subscriber agrees that while using the Roaming Services, EMTEL has no control over the services/quality of service offered by the Roaming Partner in the countries visited.

3.3    The Subscriber shall not use the Roaming Services for any fraudulent or unlawful activities.

3.4    The Subscriber shall promptly report to EMTEL in the event of theft, loss, unauthorized usage or unlawful acts with respect to the sim card. 

3.5    The Subscriber acknowledges that his local plans (daily, weekly and/or monthly) shall not be applicable to Roaming Services.

3.6    The Subscriber agrees that Emtel shall not in any event be liable for any breach or failure of the obligations under clause 3. 

4.    Payment for  Roaming Services

4.1    Prepaid subscriber:

4.1.1    The Prepaid Subscribers need only to recharge the account via the different recharge modes to be able to use the Roaming Services.

4.1.2     The Prepaid Subscriber agrees that should he/she run out of credit, the latter will not be able to use the Roaming Services.

4.2    Postpaid Subscriber
4.2.1    EMTEL endeavours to charge all roaming usage and relating charges thereto on the Subscriber bills within the month the Roaming Services are used. The Subscriber agrees that given the nature of the Roaming Services all roaming charges may not be captured immediately or in the same month and undertakes to pay all such related charges as may be applicable. 

4.2.2    Emtel may at its own discretion without any further notice use the deposit (if any) to settle the Subscriber’s account in case of late payment or default in payment.

5.    CHARGES AND PAYMENT TERMS

5.1    EMTEL shall issue to the Subscriber and the Payer(s) as appropriate at the respective addresses supplied and/or by email (E-Bill) and/or by SMS notification, a monthly statement of account and/or the charges of the Roaming Services showing the amount due by the Subscriber and/or Payer to EMTEL. The  Subscriber and  Payer(s) shall be  bound to promptly pay to EMTEL the amounts shown against  their  respective names/accounts  on  the  statement of account notwithstanding any contestation there may  be  in respect thereof. Any dispute relating to that statement of account shall be settled thereafter. 

5.2     In accordance with clause 4.2.1, notwithstanding the ML,   in the event of unforeseen circumstances such as system outages and any system failure beyond the control of EMTEL and its Roaming Partner, such usage shall be billed to the Subscriber in subsequent month/s.

5.3    The Subscriber remains at all times liable for all fees stated in the statement of account arising from the use of the Roaming Services including in the event the Subscriber(s) fails to settle amounts by the due date.

5.4    It shall be the sole responsibility of the Subscriber to ensure that the Payer(s) settle such sums that they have contracted to settle on behalf of the Subscriber by the due date.

5.5    The Subscriber and/or Payer(s) shall be deemed to have received the statement of account at the appropriate time when it has been posted or -sent to their email  addresses as supplied to EMTEL. It is the responsibility of the Subscriber and/or Payer(s) to ensure that their addresses remain up to date with EMTEL.

5.6    In the  event of any  fees  and/or  charges remaining unpaid after  becoming due,  EMTEL reserves the  right to charge interest on  the  overdue amount which  is still outstanding at two  (2 %) percent  above the  minimum lending  rate  charged by the  Mauritius  Commercial Bank Limited or by the State  Bank of Mauritius Limited, as from the date the account was overdue.

5.7     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, overheads, man-days, and any commission and VAT charged by the attorney-at-law.

5.8    The Subscriber and/or Payer(s) bind himself/themselves to comply with the billing and payment conditions as stipulated on the statement of account. Any query  regarding fees  and  charges shown on  the  statement of account must be  made in writing not  later than  the  service  restriction date  shown on the  statement of account, failing which the  statement of account shall be deemed to have  been accepted by the  Subscriber. EMTEL endeavours to resolve such queries promptly. The decision of EMTEL shall be final and binding.

5.9     The fees applicable for Roaming Services shall differ from each and every Roaming Partners.  The schedules of tariff can be accessed on www.emtel.com.

6.    Application of Monthly Limit (ML)

6.1    The ML is only an expression of intended monthly usage and monitoring of the account and shall not be construed in any manner as a limitation of liability.
6.2    All Roaming Services used will be charged to the Subscriber account and same will be net off against the ML of the account.
6.3    The Subscriber agrees to receive ML notifications while on roaming and to respond accordingly in case the ML is not enough.
6.4    Upon receipt of ML notification an Individual Postpaid Subscriber can request for the ML increase while still on roaming:
6.4.1    Through a free short code 8405 and for a specific number of days;
6.4.2    Via Emtel App or Emtel Self Care;
6.5    Upon receipt of ML notification, a Corporate Postpaid Subscriber can request for an increase in ML through the company administrative contact for EMTEL or through the Emtel Account Representative.
6.6    The maximum amount to which the ML can be increased while on roaming is Rs 10,000 (Ten thousand Rupees) for Individual Postpaid Subscribers.  Any increase in ML above Rs 10,000 will be at the sole discretion of EMTEL.
6.7     EMTEL shall at its discretion deactivate the Roaming Services without the requirement of notifying the Subscriber if the ML is exceeded and in the event EMTEL has not received any request to increase the ML.
6.8    In the event the Subscriber has exceeded the ML, the Subscriber remains responsible to settle all associated charge to the Roaming Services used and other related charges even beyond the stated ML.
6.9    Any person making a request for Roaming Services or ML increase on behalf of an individual or a corporate Postpaid Subscriber should produce relevant documents authorizing to do so on behalf of the person or company. The non-production of any such documents shall not impair EMTEL’s claims against the other party.

7.    Termination of the Roaming Services

7.1    By the Subscriber:
7.1.1    The Subscriber may request for the termination of the Roaming Services at any point in time.
 
7.1.2    Such termination to be made by the Subscriber with a proof of identity or by the Company administrative representative with the authorisation to do so.

7.1.3    In case of termination of the Roaming Services, the Subscriber may request for a refund of any deposit that remains appended to the subscription subject to all the existing bills and charges having been settled.

7.2    By Emtel:
7.2.1    upon notification from the Roaming Partner for fraudulent or unlawful use, the Roaming Services shall be terminated and/or suspended with immediate effect;

7.2.2    Non settlement of bills on any postpaid service belonging to the Postpaid Individual Subscriber or the Postpaid Corporate Subscriber;

7.2.3    In case ML is exceeded.
7.2.4     At its sole discretion, for its commercial and business reasons without the need for judicial or extra judicial notice. 

8.    Warranties, and Limitation of Liability

8.1     EMTEL will not be responsible nor liable for any losses suffered by the Subscriber resulting from the non-applicability of the monthly limit, the delivery of the Roaming Services or for any other reasons beyond EMTEL’s control including but not limited to network downtime.

8.2    EMTEL shall not be liable for the unavailability of the Roaming Services and non- applicability of the ML in the event of a Force Majeure or for acts of omissions of persons or bodies for whom EMTEL is not responsible or any other cause, whether similar or dissimilar, outside EMTEL’s control.

8.3    No liability of any nature whatsoever shall be incurred by EMTEL on the happening of a force majeure or any such events as aforesaid.

8.4    The use of the Roaming Services and reliance on any products or services related thereto is entirely at the Subscriber’s own risk. The Roaming Services, including all its functionalities, is provided “as is” and EMTEL will not be liable for any unavailability, interruption, downtime, malfunction, or failure of the Roaming Services for any reason whatsoever.

8.5    The Subscriber agrees that under no circumstances whatsoever, EMTEL, its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, derelict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Subscriber, his directors, employees, dealers or customers, resulting from his use of or inability to use the Roaming Services or its products.

8.6    EMTEL will at its best efforts provide the Roaming Services and ensure that there is no failure and/or interruptions in the Roaming Services. The Subscriber is encouraged to inform EMTEL of any failure and/or interruptions in the Roaming Services and hold EMTEL harmless from any claims arising thereof.

9.    Data Privacy

The Subscriber acknowledges that during the use of Roaming Services, the storage, treatment and transfer of your personal data may be subject to legislation different from Mauritius.  The Subscriber undertakes having read and understood EMTEL’s Privacy Policy which can be accessed on www.emtel.com. 

10.    Other roaming related products

10.1    EMTEL may from time to time introduce new roaming offers and/or packs or modify the existing Roaming Services. The above Terms and Conditions – may be subject to necessary changes to cover the new products.

10.2    With or without notice of the changes, EMTEL shall not be liable for any loss, damage, inconvenience that may result thereon.

11.    Dispute Resolution
 
11.1    The Subscriber may contact the Call Centre on 8970 for any dispute, claim, to report discrepancies, failure and/or disruptions or for any support in relation to Roaming Services.
11.2    The Subscriber shall dispute any bills of the roaming usage relating to the Roaming Services within a delay of thirty (30) days of the notification.
11.3    Any dispute arising out of or in connection with this Agreement that is not resolved by EMTEL’s customer care may be escalated up to the Chief Executive Officer of EMTEL.
11.4    EMTEL shall try to resolve any dispute arising out of or in connection with this Agreement within a period of ninety (90) days of the date EMTEL became first aware of it.
11.5    Nothing in this section shall be deemed to exclude any legally recognised dispute resolution body from receiving, hearing and determining the dispute.

12.    Force Majeure

12.1    Emtel  shall not  be  liable to the  Subscriber for any delay  or failure to perform its obligations under the Terms and  Conditions under this Annex as a result  of a force  majeure event which  includes any event which  is beyond its reasonable control, is unforeseen and irresistible. Such events may include  without  limitation:  revolution or other  civil disorders; belligerent aggression by an  enemy; strikes;  labour  disputes; electrical  equipment or system availability delay  or failure; fires; floods;  acts  of God; government or regulatory  intervention.
    
12.2    If such delay or failure continues for at least thirty (30) days then either party to this Agreement may terminate their engagement by serving a notice in writing to the other.

13.    GENERAL

13.1    If any term of this Annex 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 had been made without the invalid, illegal or unenforceable terms.

13.2    This Annex may be amended by EMTEL from time to time. Such amended Agreement may be published in posters or pamphlets available at Agents, in the daily newspapers and/or on the EMTEL website (www.emtel.com) from time to time and shall take effect immediately upon publication.

13.3    EMTEL’s failure to exercise or enforce any right under this Annex shall not be deemed to be a waiver of any such right nor shall it prevent EMTEL from exercising or enforcing the rights in question at any time.

13.4     The Subscriber may not transfer any rights or obligations that he may have under this Annex without EMTEL’s prior written consent. The Subscriber  must not  use   the Roaming Services   for the  receipt  of or payment for goods or services  that  offend  or circumvent any law including without  limitation, narcotic  drugs, firearms,  obscene or  pornographic material  or services,  infringement of third party intellectual rights, running  illegal or unauthorised lotteries,  gaming  or gambling,  as well as material  that  is morally repugnant; incites  violence or desires to cause harm;  induces an unacceptable sense of fear or anxiety; encourages or incites  any person to engage in dangerous practices or to use  harmful  substances; induces or promotes tribal, religious  or racial disharmony; causes grave or widespread offence; or debases, degrades or demeans others.

13.5     Subject to clause 8, where EMTEL  receives notification  of the  death of the  Subscriber, EMTEL  shall suspend all activity of his Roaming Services until satisfied  that  the  relevant provisions of the  applicable legislation  have  been followed. 

13.6    Any notice or other communication in connection with this Annex shall be:  in writing and delivered by hand, fax or registered post with advice of delivery. Notices  to the  Subscriber are to be  sent  at the address provided by him  in the  Application Form and  notices to EMTEL  shall be  sent  as follows:
Address:  EmtelWorld, 10, Ebene Cybercity, Ebene, Mauritius
Fax: +230 454 10 10
Email: emtel@emtel.com
Attention:  Chief Executive Officer

14.    Governing law

14.1    The construction, validity and  performance of this Annex shall be  construed and 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.