Terms & Conditions

General

1. These terms and conditions, together with the General Terms govern the use of all of the Afrihost Mobile Voice Services.
2. By contracting with Afrihost for the services the Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

Definitions

1. “Afrihost Channel” means a facility made available by Afrihost via the Afrihost Website, ClientZone or via a mobile application for the purchase of Top-ups and provision of other aspects of the Service.
2. “Afrihost SIM” means a SIM issued to the Client by Afrihost.
3. “Airtime” means time during which cellular phone calls can be made and received.
4. “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. 
5. “Data” means the transmission of broadband internet via the network, attributed to a specific user or account.
6. “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.
7. “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. 
8. “Month-to-Month” means a Service where the Client makes fixed monthly payments for a Monthly Allocation, terminable on a calendar month’s notice.
9. “MTN” means Mobile Telephone Networks (Pty) Ltd.
10. “PII Consent” means the Client’s consent to process personal information via MTN as described in clause 12.
11. “Prepaid” means a Service which is paid in advance and requires no further payment until the expiry of the term of the Service.
12. “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.
13. “SIM” or “SIM card” means the Subscriber Identity Module allocated to a user to gain access to the network.
14. “MSISDN” means is a number uniquely identifying a subscription in a mobile network.
15. “SMS (Short Message Service)” means a text messaging service
16. “Top-up” means to purchase additional services from the service provider such as Airtime or Data.
17. “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. 

Service Descriptions

1. Afrihost will provide Data and Airtime provided by MTN to Clients on the terms set out in this Agreement.
2. Provision of services by Afrihost 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 Afrihost.
3. In addition to Afrihost’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 Afrihost Services to third parties.

Clients as Natural Persons

1. Afrihost 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. Afrihost 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 Afrihost’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 Afrihost so that the RICA process can be carried out for that other person.
4. RICA can be performed upon receipt of a SIM at Afrihost’s Walk-In Centre, by Afrihost’s delivery agent, or through an authorised RICA agent (for non-Afrihost SIMs).
5. Clients will be presumed to have visited Afrihost’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. Afrihost 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 Afrihost, or required actions not completed by the Client, MTN or the other network operator, then Afrihost 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 Afrihost.
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. Afrihost 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 Afrihost 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 Afrihost 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. Afrihost 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, Afrihost will not be under any obligation to replace the SIM card free of charge.

International Roaming will automatically be activated on all Afrihost SIMs. Clients wanting to cancel this service, or re-activate once cancelled, will need to do so directly with MTN.

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, AFRIHOST 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: Clients will purchase Data and Airtime via Afrihost Channel

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.
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 the Initial period. However, once expired, data will no longer be eligible for transfer.

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 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 Afrihost 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:
   1. 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 Afrihost Website from time to time.
   2. The aggregate of automatic Topups made any calendar month will never exceed the Monthly Allocation.
   3. 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.
4. Automatic Topups will be DISABLED by default for both Data and Voice for Prepaid Services, and will operate as follows if enabled:
   1. 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.
   2. The Client must nominate the minimum threshold and the Topup increment using the Afrihost Channel.
   3. 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.
5. The minimum threshold may also be used for threshold usage notifications to be sent by Afrihost to the Client.
6. Clients can enable or disable automatic Topup for Date or Airtime via the Afrihost Channel.
7. 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.
8. 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 Afrihost) 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.
9. Airtime will be deemed to have been delivered to a Client’s account or MSISDN once the new balance reflects on MTN’s system.
10. Clients using an Afrihost SIM can only Topup Data via an Afrihost Channel.
11. Clients who opt-in to the Afrihost offering as an Existing MTN Prepaid Subscriber using their existing SIM, will be able to Topup Data from both Afrihost and other channels. 

Access Point Name

1. Clients must enter the correct Access Point Name (APN) in their Apparatus to make use of the Service. Afrihost will notify Clients of the appropriate APN.
2. Clients may be restricted to using certain APN settings on Afrihost 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 Afrihost Data offering will require the “afrihost" 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 AFRIHOST WILL NOT BE RESPONSIBLE FOR ANY AIRTIME LOST BY THE CLIENT AS A RESULT.

Client Information Processing

1. By making use of an Afrihost 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 Afrihost is correct and up to date.
3. In order to provide the Service, Afrihost 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 Afrihost accessing the above information.
5. The Client also consents to Afrihost 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 AFRIHOST WILL BE UNABLE TO PROVIDE THE SERVICE UNTIL THE CLIENT HAS DONE SO, OR IF THE CLIENT WITHDRAWS SUCH CONSENT.
7. Afrihost 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 Afrihost system.
8. This information is not available to Afrihost 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 Afrihost making use (processing) the clients’ personal information as described in this clause.
10. When Clients deactivate the Afrihost service offering via the Afrihost, or MTN Call Centre at 173, or if the Agreement terminates for any reason, the above consent will automatically be removed and Afrihost will no longer access the personal information as described above.

Coverage and Signal Availability

1. Delivery of mobile services (Airtime and Data) is dependent on signal availability and demand for services in any particular area. Afrihost 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). Afrihost accepts no liability should the aforementioned map differ to actual 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 Afrihost or other service provider

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 Afrihost’s service provision, however, should such interference occur, Afrihost 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 Afrihost.

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 AFRIHOST (AS PER SECTION 10 OF AFRIHOST’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, AFRIHOST WILL NOT BE LIABLE FOR, AND THE CLIENT AGREES TO INDEMNIFY AND HOLD AFRIHOST 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 AFRIHOST 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 AFRIHOST SIM, OR USE OF THE MTN NETWORK.

Revision History

These terms were last updated 03 Mar, 2019. You can view other versions below.

• Revision 10 Nov, 2015