Terms & Conditions

General

1. These terms and conditions, together with the Afrihost General Terms govern the use of all of the Air Mobile Mobile Voice Services.
2. By contracting with Air Mobile for the services the Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
3. These Terms and Conditions, together with the General Terms govern the use of all of the Air Mobile Mobile Data Services. Air Mobile offers capped Mobile Data Services.
4. By contracting with Air Mobile for the services the Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
5. Mobile Data is subject to the  same terms as the “Air Mobile DSL Service Terms”, except where otherwise specified. For the purposes of Payment, Termination, Monitoring of Usage, and Liability, please also refer to the ADSL Service Terms.
6. Air Mobile may offer other Mobile Data products in the future, such as Prepaid and Uncapped services, which will be governed by these terms and such future services are included in these terms specifically or by association.

Definitions

1. “Air Mobile” means  a division of either of Afrihost (Pty) Ltd or Afrihost SP (Pty) Ltd or any other entity which Afrihost (Pty) Ltd or Afrihost SP (Pty) Ltd may assign, cede or delegate any of their rights or obligations to. The terms “Afrihost” or “Air Mobile” may be used interchangeably in this document (and other communications) and will be deemed the same.
2. "Air Mobile System" means equipment operated together as a system by Air Mobile to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
3. “Air Mobile Website” means the Internet website published at the URL “www.airmobile.co.za” or another URL that Air Mobile notifies the Client of from time to time.
4. “Air Mobile App” means the smartphone, feature phone or tablet application that is published by Air Mobile to facilitate the use of Air Mobile products and service.
5. “Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.
6. “Application” means a request for initiation of a Service(s) and / or provision of Good(s);
7. “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
8. “Business Hour" means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
9. "Client” is the party described as such on any Application or Service Order executed between it and Air Mobile.
10. "Client Data" means Data:
    1. transmitted to the Client using the Air Mobile System,
    2. stored by the Client on the Air Mobile System (or on the Client System as the case may be), or
    3. transmitted by the Client via the Air Mobile System, in the day-to-day utilisation of a Service.
11. "Client Equipment" means any equipment installed at Air Mobile’s premises by the Client that Air Mobile does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.
12. “Air Mobile App” means the Client account login area of Afrihost’s portal (which may be made available to the Client), accessed by using Client credentials and passwords;
13. “Data" means electronic representations of information in any form.
14. “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
15. "Domain" means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
16. "Emergency Maintenance" means maintenance to the Air Mobile System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to Air Mobile, the Client or any third party.
17. “Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.
18. “Goods” means any and all goods to be provided by Air Mobile to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.
19. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
20. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
21. “Malicious Code” means anything that contains any computer software routine or code intended to:
    1. allow unauthorised access or use of a computer system by any party, or
    2. disable, damage, erase, disrupt or impair the normal operation of a computer system,
    3. and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
22. "Multi-Factor Authentication" refers to the process of establishing a user's identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.
23. "OTP" means One-Time Pin or One-Time Password that is used for login to Afirhost systems or for verification purposes.
24. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
25. “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
26. “Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by Air Mobile to the Client.
27. "Service Terms" means a document describing the terms on which Air Mobile will provide a particular Good or Service, as amended from time to time.
28. "Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
29. “Supplier” means a supplier of goods and / or services to Air Mobile.
30. "Two Factor Authentication" refers to the process of establishing a user's identity using various methods, such as one-time pin and security questions.
31. "User/s" means the Client or any other person accessing any the Services provided by Air Mobile.
32. “Air Mobile Channel” means a facility made available by Air Mobile via the Air Mobile Website, Air Mobile App or via a mobile application for the purchase of Top-ups and provision of other aspects of the Service.
33. “Air Mobile SIM” means a SIM issued to the Client by Air Mobile.
34. “Airtime” means time during which cellular phone calls can be made and received.
35. “Apparatus” means any mobile, transportable or portable cellular mobile terminal, handset, device, laptop, computer, modem or other apparatus which is approved by ICASA and which is capable of connection by radio interface to the Network. 
36. “Data” means the transmission of broadband internet via the network, attributed to a specific user or account.
37. “Mobile Number Portability (MNP)” means a service that allows a SIM card to change (or “port”)  telecom carrier networks while keeping the same unique calling number.
38. “Monthly Allocation” means the commencement value of the Client’s Airtime and Data balance at the commencement of each calendar month according to the Client’s selected Service package. 
39. “Month-to-Month” means a Service where the Client makes fixed monthly payments for a Monthly Allocation, terminable on a calendar month’s notice.
40. “MTN” means Mobile Telephone Networks (Pty) Ltd.
41. “PII Consent” means the Client’s consent to process personal information via MTN as described in clause 12.
42. “Prepaid” means a Service which is paid in advance and requires no further payment until the expiry of the term of the Service.
43. “Roaming” means the ability to make and receive voice calls, send and receive Data, and access other services when travelling outside of the geographical area of MTN’s network.
44. “SIM” or “SIM card” means the Subscriber Identity Module allocated to a user to gain access to the network.
45. “MSISDN” means is a number uniquely identifying a subscription in a mobile network.
46. “SMS (Short Message Service)” means a text messaging service
47. “Top-up” means to purchase additional services from the service provider such as Airtime or Data.
48. “Value Added Services (VAS)” means charged at the VAS Call Rate, are provided by MTN and/or Value Added Service Providers in order to make available to MTN customers a selection of value added services provided by means of the MTN Network.  Value-Added Services are defined as non-core services, or in short, all services beyond standard voice calls, the content of which may not have anything to do with MTN’s mobile network and/or services. 

Terms Subject to Change

1. Air Mobile may amend the General Terms and Service Terms at any time. The amended versions will be posted on the Air Mobile Website, and Air Mobile will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email and via The Air Mobile App. The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the Air Mobile Website or App on a regular basis.
2. Air Mobile must give at least one calendar month's notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.
3. If the Client objects to any of amendment, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
4. If Air Mobile changes its Fees, the change must take place as described in this clause.

Coverage and Signal Availability

1. Delivery of Mobile bandwidth is dependent on signal availability and demand for Data services in any particular area. Air Mobile does not warrant or guarantee service for any specific areas, whilst every effort will be made to give Clients an indication of possible service (via the Coverage Map). Air Mobile accepts no liability should the aforementioned map differ to actual data service experienced.
2. Subscribers will be billed at International Roaming rates when Roaming for both voice, data and other services regardless of their SIM affiliation i.e. supplied by Air Mobile or other service provider.

Availability of Services

1. Air Mobile cannot guarantee the provision of the requested Service upon the receipt of an Application.
2. Provision of the Service is subject to Air Mobile confirming that it is technically feasible to do so.
3. Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.

Allocation of Airtime and Data

1. For Month-to-Month Services:
   1. Clients will be allocated a monthly amount of Airtime (voice minutes) and Data (bandwidth) each month in accordance with their selected package.
   2. Airtime will be allocated on a package replenishment basis. This means that Clients’ Airtime will be “replenished” to bring their Airtime balance to up to their package Monthly Allocation at the beginning of each new calendar month. The replenishment amount will thus vary from month to month, according to the amount of Data used in the previous month.
   3. SHOULD TOP-UPS (AS DESCRIBED BELOW) HAVE BROUGHT THE AIRTIME BALANCE ABOVE THE MONTHLY ALLOCATION, AIR MOBILE WILL NOT ALLOCATE ANY FURTHER AIRTIME AT THE COMMENCEMENT OF THE FOLLOWING CALENDAR MONTH
   4. Monthly Mobile Data will be allocated in accordance with the Mobile Data Terms and Conditions.
2. For Prepaid Services:
   1. Clients will purchase Data and Airtime via Air Mobile Channel

Free GB Promotion and Referral Programme

1. Clients may only use a referral programme to refer other possible clients. Clients that try to refer themselves via other accounts, whether setup using spoofing methods or simply as duplicate referrals will not receive any discounts.
2. Should a referred client decide to cancel its services within three months of signup, Air Mobile reserves the right to reverse both the referrer and the referee’s credits.
3. The Free GB promotion will be available to clients for the first 3 months from signup (including the month of signup, regardless of the specific sign up date). Each month, the Client must claim the Free GB in the Air Mobile App, or it will be deemed to be forfeited.
4. After the initial three month period has expired, the Free GB promotion will only be available to the Client if they purchase a minimum of R69 within that month. However, the Free GB will not be automatically assigned, and will still need to be claimed (if the Client is eligible) in the Air Mobile App.

Transfer of Data

1. Transfer of data is only available between Afrihost clients. Afrihost will be under no obligation to transfer data to external users. Transfer required the ClientZone username of the recipient.
2. Transfer of data is only available between identical product types. Afrihost will not be obliged to effect transfer where the properties of the transfer product are not compatible with the requested destination product.
3. Data will be eligible for transfer during both the Initial and Rollover periods. However, once expired, data will no longer be eligible for transfer.
4. Transfer of Data is only possible between Active accounts. Should either account be suspended, terminated or in any other ineligible state - transfer is not possible. Accounts which are active, but not in good standing, may be determined to be ineligible for transfer at Afrihost’s sole discretion.
5. Data can only be transferred once, from the initial user to the initial recipient. Thereafter, data is no longer eligible for transfer. 
6. Once effected, transfers may not be reversed.
7. Afrihost will effect transfers in increments determined by Afrihost. The incremental amount will both serve as a minimum transfer amount, and then as incremental amounts in which data may be transferred. For mobile data, the minimum and incremental amount is 512MB. Hence the minimum amount for a transfer is 512MB, and thereafter can only be transferred in increments of 512MB until a maximum value is reached in relation to the total amount of data available for transfer by the initial user.

Rollover of Data

1. Afrihost Data is valid until the end of the month of purchase. This is referred to as the “Intial Period”. 
2. The initial period will from the date of purchase, until the end of that calendar month. The initial period will not exceed 31 days.
3. Afrihost will rollover unused data for an additional calendar month proactively. This is referred to as the “Rollover Period”.
4. The Rollover Period will not exceed 31 days.
5. Rollover of data will not require any action on the part of the client, and is performed by Afrihost on the client’s behalf as a courtesy.
6. Should data not be automatically rolled over, the onus rests on the client to alert Afrihost to effect rollover.
7. Clients will not be eligible for further rollover of data once the Rollover Period has elapsed.
8. Data will first be consumed from the rolled over data, before using the new Monthly Allocation or any newly purchased data in the same month.
9. Clients who request a package change will forfeit any rolled over data from their previous package.
10. Top-ups of data will expire after 30 (THIRTY) days (from date of purchase) and will not roll over, unless the expiry date falls in a consecutive month, e.g. a Top-up purchased on 15 December will expire on 15 January.
11. Rollover of unused bandwidth and airtime is offered with Afrihost's Prepaid Packages (Prepaid Data may also expire under certain conditions based on validity of Data). Generally prepaid data will be valid for 30 days and will be automatically rolled over for an additional 30 days if not consumed.

Rollover for Airtime

1. Rollover of unused airtime is only offered with Air Mobile's Prepaid Packages (in accordance with MTN’s terms, which may vary from time to time).
2. Should MTN allow any additional rollover of airtime, Air Mobile will endeavour to make this available to the client.

Notifications

1. Afrihost offers a notification facility for all Capped Data products. This facility is available in ClientZone.
2. Clients will be opted-in to Notifications by default, in line with relevant legislation.
3. Clients may opt-out or customise notifications in ClientZone, and thereafter there will be no obligation or liability on the part of Afrihost should a client not receive such information due to the settings they have chosen.
4. Afrihost will make every effort to deliver notifications as quickly and accurately as possible. However, Afrihost cannot be held liable for delivery delays or failures that may occur due to external forces outside of their control, such as mobile networks or email providers. Where Afrihost has made a reasonable effort to effect delivery, they will be deemed to have fulfilled their obligation.
5. The onus is on clients to check their notification settings and amend as required in ClientZone. 

Topping Up Bandwidth

1. If the Client exhausts the purchased bandwidth or reach the fixed cap, the Client will be hard-capped. This means that no further access will be provided thereafter.
2. A Topup may be subject to different Terms and Conditions and any pricing or promotions applicable to the monthly purchased package may not necessarily apply to the Topup.

Identity Verification Requirements (RICA

1. Use of the Services is subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009). Clients are required to present their original valid Identity Document, as well as a clear, legible copy. Non-South African citizens may submit a copy of their valid Passport along with supporting documents upon request. Verification documents must contain photo identification. Failure to produce ID verification for an account will result in the product not being activated or handed over, regardless of any pro-rata amounts billed.
2. Should the Client cancel all current valid mobile data Services, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified mobile data Services remain active.
3. Visit our RICA Information page for more information on how our RICA process works and what documents are acceptable.

Interactions with Staff and Air Mobile Brand

1. Clients will be held accountable for their conduct towards Air Mobile staff and in the public domain with regard to allegations or malicious conduct directed towards Air Mobile or its staff.
2. Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at Air Mobile or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Air Mobile reserves the right to suspend or terminate Services to a Client in such cases.
3. Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the Air Mobile brand (or its staff) may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.

Choice of Services and Products

1. Air Mobile offers online application and signup for all products and Services only via the Air Mobile App. The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. Air Mobile will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
2. Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act ("the ECT Act").
3. Air Mobile provides Services on the basis of information provided by the Client, and Air Mobile offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
4. Air Mobile reserves the right to stop offering particular Services if it deems it necessary. Air Mobile will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.

Service Descriptions

1. Air Mobile will provide Data and Airtime provided by MTN to Clients on the terms set out in this Agreement.
2. Provision of services by Air Mobile will also make Value Added Services (VAS) offered by MTN and third party providers available to the Client, use of which is at the Client’s own risk and may affect the Airtime or Data balance purchased from Air Mobile.
3. In addition to Air Mobile’s Acceptable Use Policy, the Client must comply with MTN’s Terms and Conditions (available at https://www.mtn.co.za/pages/website_legal.aspx or otherwise as published by MTN from time to time), which are incorporated by reference into this Agreement.
4. Clients may not resell Air Mobile Services to third parties.

Clients as Natural Persons

1. Air Mobile can only perform RICA checks on natural persons (individuals), and as a result the Agreement for provision of the Service will always be with a natural person. Air Mobile assumes that the Client will apply for and make use of the Service in its capacity as a natural person, and not as the representative of a juristic person (such as a company). The Client will be personally responsible for its use of the Service and all obligations under this Agreement. 

Identity Verification Requirements

1. Use of the Services is subject to ID verification and / or proof of address, required by RICA (the Regulation of Interception of Communication Act of 2009), and will not be provided before such process has been completed to Air Mobile’s satisfaction. Clients are required to present their original valid Identity Document, as well as a clear, legible copy. Non-South African citizens may submit a copy of their valid Passport along with supporting documents upon request. Verification documents must contain photo identification. Failure to produce ID verification for an account will result in the product not being activated or handed over, regardless of any pro-rata amounts billed.
2. Should the Client cancel all current valid Data Services, ID verification will be required to sign up for new Services. ID verification will not be requested as long as verified Data Services remain active.
3. If a Client sells or in any manner provides an activated SIM to any other person who is not a family member, then the Client must immediately notify Air Mobile so that the RICA process can be carried out for that other person.
4. RICA can be performed upon receipt of a SIM at Air Mobile’s Walk-In Centre, by Air Mobile’s delivery agent, or through an authorised RICA agent (for non-Air Mobile SIMs).
5. Clients will be presumed to have visited Air Mobile’s RICA Information page on how the RICA process works and what documents are acceptable. (https://www.afrihost.com/site/page/rica_information). 

Number Porting

1. If the Client wishes to use an existing mobile number (MSISDN) for the Service and the Client does not possess an existing MTN SIM, the Client must port its existing mobile number onto the MTN network before it can make use of the Service.
2. Porting of mobile numbers is undertaken by MTN at the Client’s request. Air Mobile will not initiate or facilitate number porting in any way. Clients are solely responsible for following and completing the porting process from other network operators to MTN, using the MNP service.
3. If number porting is delayed or fails, for any reason including due to incomplete information supplied, PII Consent not granted to Air Mobile, or required actions not completed by the Client, MTN or the other network operator, then Air Mobile will not be liable for any loss that the Client may suffer as a result. Responsibility will lie solely with the Client to complete the porting process.

SIM Cards

1. The Client is required to insert an appropriate SIM Card into the Apparatus in order to make use of the Service. This SIM may either be an existing MTN SIM or a SIM allocated to the Client by Air Mobile.
2. Clients must ensure that SIMs are used in suitable Apparatus, and are only used as intended by the manufacturer of the SIM and Apparatus. Air Mobile will not be liable for any claims made as a result of misuse or abuse of SIM cards resulting in loss of access to service or loss of Airtime or Data. This will also apply to the Airtime voucher (where applicable), or any MTN Airtime associated with the SIM card or cell phone number.
3. Risk in SIMs passes to Clients on delivery of the SIM to Clients, who are solely responsible for the care and safekeeping of SIM cards issued to them. MTN will NOT stop the service on the stolen/lost or damaged SIM. The Client must apply for a SIM Swap via MTN in such event to regain access to the Service.
4. In the case of lost, stolen or destroyed SIM cards, it is the Client’s responsibility to do the following:
   1. Notify Air Mobile or MTN directly of the loss of the SIM immediately.
   2. Notify the South African Police Services of the loss within 24 hours.
5. Failure to notify the correct authorities of the loss of a SIM may result in criminal charges against the Client.
6. A Client using an Air Mobile SIM card agrees that it will not use (or allow another to use) the MTN network services, including the SIM card, for any improper or unlawful purpose, in a manner which may cause injury or damage to persons or property or which may impair or interrupt the MTN network.
7. Clients may only use Apparatus approved by ICASA on the MTN network (please see http://www.icasa.org for more details). Clients further agree that they will not (or allow another to) alter, modify or tamper with the software contained in, or relating to, any SIM card. MTN reserves the right to block any SIM or Apparatus from operating on the MTN network.
8. Air Mobile SIM cards carry a  warranty of 6 (six) months, but if the SIM card has been destroyed due to the PUK number being entered incorrectly more than 9 (nine) times, user negligence, or any other reason, Air Mobile will not be under any obligation to replace the SIM card free of charge.
9. International Roaming will automatically be activated on all Air Mobile SIMs. Clients wanting to cancel this service, or re-activate once cancelled, will need to do so directly with MTN.

Topping Up of Airtime and Data

1. If the Client exhausts the purchased Airtime or Data or reach the fixed cap, the Client will be hard-capped. This means that no further access will be provided thereafter.
2. Clients can manually Top-up via the Air Mobile Channel. There is no limit to the aggregate of manual Top-ups that a Client may perform during a calendar month.
3. Automatic Topups will be ENABLED by default for both Data and Voice for Month-to-month Services, and will operate as follows if enabled:
4. If the Client’s Data or Airtime balance (as the case may be) falls below a minimum threshold the account will automatically be Topped up by a certain increment. The minimum threshold and the Topup increment will be as published on the Air Mobile Website from time to time.
5. The aggregate of automatic Topups made any calendar month will never exceed the Monthly Allocation.
6. Top-ups for Data will expire at the end of the following calendar month from the date of purchase. e.g. a Top-up purchased on 15 December will expire on 31 January.
7. Automatic Topups will be DISABLED by default for both Data and Voice for Prepaid Services, and will operate as follows if enabled:
8. If the Client’s Data or Airtime balance (as the case may be) falls below a minimum threshold the account will automatically be Topped up by a certain increment.
9. The Client must nominate the minimum threshold and the Topup increment using the Air Mobile Channel.
10. Topups for Data will expire at the end of the following calendar month from the date of purchase. e.g. a Topup purchased on 15 December will expire on 31 January.
11. The minimum threshold may also be used for threshold usage notifications to be sent by Air Mobile to the Client.
12. Clients can enable or disable automatic Topup for Date or Airtime via the Air Mobile Channel.
13. A Topup may be subject to different terms and conditions and any pricing or promotions applicable to the monthly purchased package may not necessarily apply to the Topup.
14. Topping up Airtime may result in Data access for opt-in Clients who have access to other APNs. As per clause 11.3, Clients are responsible for choosing the correct APN on their device.  Should a Client use an incorrect APN (i.e. not Air Mobile) under these circumstances, their Airtime may be used to purchase data access and may not be subject to the same usage rates as Data Topups. The rates will be set by MTN on their network.
15. Airtime will be deemed to have been delivered to a Client’s account or MSISDN once the new balance reflects on MTN’s system.
16. Clients using an Air Mobile SIM can only Topup Data via an Air Mobile Channel.
17. Clients who opt-in to the Air Mobile offering as an Existing MTN Prepaid Subscriber using their existing SIM, will be able to Topup Data from both Air Mobile and other channels. 

Access Point Name

1. use of the Service. Air Mobile will notify Clients of the appropriate APN.
2. Clients may be restricted to using certain APN settings on Air Mobile SIM cards.
3. Clients using existing SIMs issued by MTN or other authorised distributors may have access to other APN settings. Clients will be responsible for choosing the appropriate APN for use on their Apparatus which will allow them to make use of the Service. (i.e. The Air Mobile Data offering will require the “Air Mobile" APN and any other Data vouchers will need to be consumed on the “Internet” or "myMTN" APN).
4. IF THE CLIENT DOES NOT ENTER THE CORRECT APN IT MAY BE UNABLE TO ACCESS THE SERVICE, AND AIR MOBILE WILL NOT BE RESPONSIBLE FOR ANY AIRTIME LOST BY THE CLIENT AS A RESULT.

Client Information Processing

1. By making use of an Air Mobile SIM card, Clients consent to the MTN data collection, use and sharing practices described in the MTN Privacy Policy, which can be viewed at http://www.mtn.co.za.
2. Clients confirm that all information supplied to Air Mobile is correct and up to date.
3. In order to provide the Service, Air Mobile must access certain of the Client’s personal information which is held by MTN, including:
   1. call history; and
   2. account balances.
4. The Client must consent to Air Mobile accessing the above information.
5. The Client also consents to Air Mobile allocating the Client’s Monthly Allocation and setting up threshold usage notifications.
6. MTN will provide the facility for the Client to provide consent. THE CLIENT ACKNOWLEDGES THAT AIR MOBILE WILL BE UNABLE TO PROVIDE THE SERVICE UNTIL THE CLIENT HAS DONE SO, OR IF THE CLIENT WITHDRAWS SUCH CONSENT.
7. Air Mobile does not store or retain such information and this is only available on request by the Client and for display to the Client via the Air Mobile system.
8. This information is not available to Air Mobile personnel with the exception of balances for Data and Airtime which are used for the purposes of providing support and client services.
9. Clients consent to Air Mobile making use (processing) the clients’ personal information as described in this clause.
10. When Clients deactivate the Air Mobile service offering via the Air Mobile, or MTN Call Centre at 173, or if the Agreement terminates for any reason, the above consent will automatically be removed and Air Mobile will no longer access the personal information as described above.

Promotions

1. Clients using the Service will still be able to participate in promotions received via MTN, such as competitions and free Data or Airtime promotions. Such participation is not envisioned to affect Air Mobile’s service provision, however, should such interference occur, Air Mobile will not be liable for any loss that the Client may suffer, and such participation is undertaken at the Client’s risk, specifically with reference to clause 11 of these terms.

Further Terms

1. Any further terms relating to this Service which are published via other mediums (such as on packaging) will form part of these terms and conditions and will be binding on the Client and Air Mobile.

Suspension/Disconnection

1. In addition to the grounds for suspension or termination of Service set out in the General Terms, MTN may itself suspend or cancel any cellphone number on the MTN network in the case of violation of MTN’s Terms and Conditions of Service or Acceptable Usage Policy as set out in those documents.
2. Note in particular that the Services may be suspended or terminated for the following reasons:
   1. Technical failure (suspension only);
   2. Maintenance or remedial work (suspension only);
   3. the cellphone number being inactive for 90 (ninety) consecutive days
   4. Incomplete RICA or failure to produce documents upon reasonable request;
   5. The Client ports its number away from MTN (termination); or
   6. Instruction from ICASA or other statutory or governing body;
3. IN THE CASE OF SUSPENSION, CLIENTS WILL BE LIABLE FOR ANY REASONABLE ADMIN OR RECONNECTION FEES [SA1] CHARGED BY MTN OR BY AIR MOBILE (AS PER SECTION 10 OF AIR MOBILE’S GENERAL TERMS), AND MAY NOT BE ABLE TO ACCESS SERVICES UNTIL SUCH FEES ARE SETTLED IN FULL WITH BOTH PARTIES.

Limitation of Liability

1. IN ADDITION TO THE LIMITATIONS ON LIABILITY AND INDEMNITIES SET OUT IN THE GENERAL TERMS, AIR MOBILE WILL NOT BE LIABLE FOR, AND THE CLIENT AGREES TO INDEMNIFY AND HOLD AIR MOBILE HARMLESS AGAINST LOSS CAUSED BY OR RELATED TO:
   1. SERVICE INTERRUPTION OR FAILURE FOR ANY REASON WHATSOEVER (INCLUDING INTERRUPTION TO CALLS, SMS OR DATA USAGE);
   2. MODIFICATION, SUSPENSIONS OR DISCONTINUATION OF SERVICES, VALUE ADDED SERVICES OR PRODUCT FEATURES BY MTN;
   3. DELAY OR FAILURE IN MOBILE NUMBER PORTING;
   4. FAILURE TO REPORT A LOST, STOLEN OR DAMAGED SIM CARD AS REQUIRED;
   5. INCORRECT OR OUT OF DATE INFORMATION PROVIDED BY THE CLIENT TO AIR MOBILE OR MTN; OR
   6. ERROR, DELAY, FAILURE OR NON-AVAILABILITY OF THE SERVICE AND ANY LOSS OR DAMAGE WHICH MAY RESULT FROM USE OR POSSESSION OF AN AIR MOBILE SIM, OR USE OF THE MTN NETWORK.

Revision History

These terms were last updated 14 May, 2019. You can view other versions below.