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Terms + conditions.

01. Service descriptions.
  1. These are the Service terms for Afrihost's Air Mobile Legacy Service. For Afrihost’s new AirMobile Service, please see here.
  2. Afrihost will provide Air Mobile Legacy Data and Airtime provided by MTN to Clients on the terms set out in this Agreement.
  3. Provision of Services by Afrihost will also make Value Added Services (VAS) offered by MTN and third party providers available to the Client, the use of which is at the Client’s own risk and may affect the Airtime or Data balance purchased from Afrihost.
  4. In addition to Afrihost’s Acceptable Use Policy, the Client agree that they must comply with MTN’s Service terms (available here or otherwise as published by MTN from time to time), which are incorporated by reference into this Agreement.
  5. Clients may not resell Air Mobile Legacy Services to third parties.
02. Terms and Fees subject to change.
  1. Afrihost may amend the General Terms and Service terms at any time. The amended versions will be posted on the Client Interface, and Afrihost will as soon as possible after posting the amendments make reasonable efforts to advise the Client of them by email. The Client also has a duty to keep itself informed of the latest version of the above documents by accessing the Client Interface and Afrihost official website on a regular basis.
  2. If the Client objects to any of the amendments, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
  3. If Afrihost changes its Fees, Afrihost will make reasonable efforts to advise the Client of the change via email by providing at least 1 (one) Calendar Month’s notice, which will become effective at the beginning of the first Calendar Month after the notice period has expired.
  4. If the Client objects to any of Fee changes, it may terminate this Agreement, and the termination will become effective at the end of the normal notice period.
03. Coverage and signal availability.
  1. Delivery of mobile bandwidth is dependent on signal availability and demand for Data 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 Data Service experience.
  2. Clients 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.
04. Availability of services.
  1. Afrihost cannot guarantee the provision of the requested Service upon the receipt of an Application.
  2. Provision of the Service is subject to Afrihost 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.
  4. Afrihost may offer other Air Mobile Legacy mobile Data Services 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.
05. 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 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 Service terms.
  2. For Prepaid Services:
    1. Clients will purchase Data and Airtime via the Client Interface.
06. 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, Afrihost reserves the right to reverse both the referrer and the referee’s credits.
  3. The Free GB Promotion will be available to Clients every month 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 AirMobile App, or it will be deemed to be forfeited.
07. 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 requires the ClientZone username of the recipient.
  2. Transfer of Data is only available between identical Service types. Afrihost will not be obliged to effect transfer where the properties of the transferring Service are not compatible with the requested destination Service.
  3. Data will be eligible for transfer during both the initial and roll over 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 to subsequent recipients.
  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.
  8. A maximum of 50GB per month can be transferred for all Uncapped Mobile packages.
  9. Transferred Data will expire at the end of the FOLLOWING month. For example, if you transfer Data in June, the transferred Data will only expire at the end of July.
08. Rollover of data.
  1. Air Mobile Legacy mobile Data is valid until the end of the month of purchase. This is referred to as the “initial period”.
  2. The initial period will be from the date of purchase, until the end of that Calendar Month. The initial period will not exceed 31 days.
  3. Afrihost will proactively rollover unused Data for an additional Calendar Month. 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.
09. Rollover for airtime.
  1. Rollover of unused Airtime is only offered with Afrihost's Air Mobile Legacy Prepaid packages (in accordance with MTN’s terms, which may vary from time to time).
  2. Should MTN allow any additional rollover of Airtime, Afrihost will endeavour to make this available to the Client.
10. Topping up bandwidth.
  1. If the Client exhausts the purchased bandwidth or reaches the fixed cap, the Client will be hard-capped. This means that no further access will be provided thereafter.
  2. A Top-up may be subject to different Service terms and any pricing or Promotions applicable to the monthly purchased package may not necessarily apply to the Top-up.
11. Choice of services.
  1. Afrihost offers online Application and signup for all Services only via the AirMobile App. The Client is solely responsible for ensuring that their choice of Service conforms to their requirements or desired outcome. Afrihost will not be liable for compensation, costs or damages resulting from incorrect selection of Services, or resultant delays in rectifying such errors.
  2. Sign-up for Services is subject to the cooling-off period described in section 44 of the ECT Act.
  3. Afrihost provides Services on the basis of information provided by the Client, and Afrihost offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
  4. Afrihost reserves the right to stop offering particular Services if it deems it necessary. Afrihost 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.
12. 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 Air Mobile Legacy 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 Mobile Number Portability (MNP) Service.
  3. If number porting is delayed or fails, for any reason including due to incomplete information supplied, PII consent (the Client’s consent to process Personal Information via MTN) 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.
13. SIM cards.
  1. The Client is required to insert an appropriate SIM card into the Device 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 Device, and are only used as intended by the manufacturer of the SIM and Device. 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 mobile 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 an 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 Air Mobile Legacy 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 a Device 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 Device from operating on the MTN network.
  8. Air Mobile Legacy 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.
  9. International Roaming will automatically be activated on all Air Mobile Legacy SIMs. Clients wanting to cancel this Service, or re-activate once cancelled, will need to do so directly with MTN.
14. Topping up of airtime and data.
  1. If the Client exhausts the purchased Airtime or Data or reaches 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 Client Interface. There is no limit to the aggregate of manual Top-ups that a Client may perform during a Calendar Month.
  3. Automatic Top-ups 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 Top-up increment will be published on the Client Interface from time to time.
    2. The aggregate of automatic Top-ups 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 Top-ups 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 Top-up increment using the Client Interface.
    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.
  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 Top-up for date or Airtime via the Client Interface.
  7. A Top-up may be subject to different Service terms and any pricing or Promotions applicable to the monthly purchased package may not necessarily apply to the Top-up.
  8. Topping up Airtime may result in Data access for opt-in Clients who have access to other APNs. As per clause 15.3, Clients are responsible for choosing the correct APN on their Device. Should a Client use an incorrect APN (i.e. not linked to Air Mobile Legacy) under these circumstances, their Airtime may be used to purchase Data access and may not be subject to the same usage rates as Data Top-ups. 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 Air Mobile Legacy SIM can only Top-up Data via the Client Interface.
  11. Clients who opt-in to the Air Mobile Legacy Service offering as an existing MTN Prepaid subscriber using their existing SIM, will be able to Top-up Data from both Air Mobile Legacy and other channels.
15. Access Point Name (APN).
  1. Afrihost will notify Clients of the appropriate APN.
  2. Clients may be restricted to using certain APN settings on Air Mobile Legacy 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 Device which will allow them to make use of the Service. (i.e. The Air Mobile Legacy Data offering will require the “Air Mobile Legacy" 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.
16. Client information processing.
  1. By making use of an Air Mobile Legacy SIM card, Clients consent to the MTN Data collection, use and sharing practices described in the MTN Privacy Policy, which can be viewed <here>.
  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 Client Interface.
  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 Air Mobile Legacy Service offering via the Client Interface, or MTN call centre at 173, or if this Agreement terminates for any reason, the above consent will automatically be removed and Afrihost will no longer access the Personal Information as described above.
17. 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 Legacy’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 22 of these terms.
18. 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 Service terms and will be binding on the Client and Afrihost.
19. 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 mobile phone 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 mobile phone 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 CHARGED BY MTN OR BY AFRIHOST (AS PER SECTION 9 OF AFRIHOST ’S GENERAL TERMS), AND MAY NOT BE ABLE TO ACCESS SERVICES UNTIL SUCH FEES ARE SETTLED IN FULL WITH BOTH PARTIES.
20. Interactions with Afrihost staff and Air Mobile Legacy brand.
  1. Clients will be held accountable for their conduct towards Afrihost staff and in the public domain with regard to allegations or malicious conduct directed towards Air Mobile Legacy, Afrihost 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 Legacy, Afrihost or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and Afrihost reserves the right to suspend or terminate the provision of 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 Afrihost or Air Mobile Legacy 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.
21. Acceptable Use commitments.
  1. The Client must adhere to Afrihost’s Acceptable Use Policy, accessible <here> when making use of the AirMobile Service.
  2. Moreover, in using the AirMobile Service the Client must NOT do so in a way that:
    1. could reasonably be considered to be fraudulent in relation to the Service being provided;
    2. shows an absence of good faith in the usage of the Service; or
    3. shows an absence of lawful, acceptable and reasonable commercial practice relating to usage of the Service.
  3. Examples of the irregular activities described in clause 21.2 include interconnect bypass activities, artificial inflation of traffic and grey routing.
22. Litation 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, OR VALUE ADDED SERVICE 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 AIR MOBILE LEGACY SIM, OR USE OF THE MTN NETWORK.