Privacy Policy

Get the most out of your pre paid fixed line service by knowing the parameters of your agreement with MTN Uganda Limited. Please read these terms and conditions carefully. They govern the relationship between you ("The Subscriber") and MTN Uganda Limited and explain the respective legal rights concerning all aspects of the legal relationship, including: -
Charges, Start and end of service,  Privacy and confidentiality, Early termination fees, Limitation of liability and warranty, Resolution of disputes by arbitration instead of litigation.
If you have the service or the phone installed, you consent to the terms and conditions set forth in this Agreement. If you do not agree with these terms and conditions, do not use the service or phone and notify us immediately to cancel the service.
This is an agreement ("Agreement") for fixed line pre paid services and related services and/or features between you ("the Subscriber") or your company and MTN Uganda Limited (MTN Uganda), which is licensed to provide the service you have subscribed for in Uganda.
The term "Phone" means the receiving and transmitting equipment that MTN Uganda has authorised to be programmed with the Subscriber identity number and any accessories.
Installation of the service shall only commence upon the Subscriber making any required pre payment.
1.     SERVICE
a.     Term. For any service subscribed for in this Agreement, the term shall be one (1) year from the date of execution of this Agreement. After the fixed term expires, this Agreement will continue until terminated by either party with advance notice of not less than thirty (30) days. If the Subscriber does not use the line by way of loading airtime and/or service fee for a period of six (6) months or more, MTN Uganda reserves the right to retrieve its equipment, withdraw the line and subsequently cancel this Agreement.
b.    Rates. The cost of calls and other charges for the service subscribed for are described in the MTN Uganda Prepaid fixed line tariff guide. MTN Uganda reserves the right to alter the said tariff guide and/or the duration of airtime units at any time in such manner as MTN Uganda may deem fit. The Subscriber shall not be charged for receiving phone calls.
c.    Availability/Interruption. The service is subject to transmission limitation or interruption caused by weather, terrain, obstructions such as buildings, and other conditions and may be temporarily limited or interrupted due to system capacity limitations and system repairs or modifications or to combat potential fraud. Provision of the service may be interrupted at any time without notice to the Subscriber. MTN Uganda may choose to block calls to certain categories of numbers and certain international destinations if MTN Uganda is experiencing fraud problems with calls to those numbers. However, MTN Uganda undertakes to offer a reliable and cost effective service and lines will be offered with an availability of not less than 98% up time, calculated over a period of a year. MTN Uganda shall not be liable in any manner where the Subscriber's calls are prematurely ended when the Subscriber's credit is used up.
d.    Use of service/phone. The Subscriber agrees not to use the service or phone for any unlawful or abusive purpose, or in any way which might damage or interfere with or disrupt MTN Uganda's system or other MTN Uganda Subscriber's use of the network. The Subscriber shall comply with all laws while using the service and shall not transmit any communication which could violate any laws, court order, or regulation or that could be offensive to the recipient. The Subscriber is responsible for all content transmitted through the Subscriber's phone. Resale of the service is prohibited without prior contractual arrangements with MTN Uganda and any required regulatory approvals. The Subscriber is responsible for ensuring that the phone is compatible with the service provided by MTN Uganda and contracted for by virtue of this Agreement. The Subscriber shall not install any amplifiers, enhancers, repeaters or other devices, which modify, disrupt or interfere in any way with the service envisaged by this Agreement. The Subscriber shall have all ownership rights over all equipment purchased from and supplied by MTN Uganda in terms of its obligations hereunder. The Subscriber accepts any identity number provided by MTN Uganda and agrees that MTN Uganda may change such number at any time, with or without prior notice to the Subscriber. The Subscriber's phone may contain pre-installed software necessary for use of the service, and the software may prevent the phone from being activated with another carrier's service. By using the service, the Subscriber agrees to abide by the terms and conditions of any applicable software licence. The Subscriber shall be liable for any damage that may be occasioned to the equipment supplied in accordance with this Agreement. MTN Uganda shall not be liable to the Subscriber, or its employees, agents or any third party for any loss, or damage, financial or otherwise resulting from the misuse of or unauthorised access to the phone and/or telecommunication equipment supplied to the Subscriber by MTN Uganda.
e.     Unauthorised usage. Where the Subscriber's phone is stolen or used for fraudulent purposes the Subscriber shall inform MTN Uganda as soon as possible and provide MTN Uganda with such documentation and information as requested by MTN Uganda (including affidavits and police reports). MTN Uganda has the right to interrupt or restrict service to the Subscriber's number without notice to the Subscriber if MTN Uganda suspects fraudulent, illegal, and/or abusive activity on the part of the Subscriber. The Subscriber agrees to co operate with MTN Uganda in any fraud investigation and to use any fraud prevention measures prescribed by MTN Uganda.
a.     Generally. The Subscriber is responsible for all charges, (i.e.) the purchasing of the equipment and purchase of airtime for the phone. For all incoming and outgoing service, the length of the call shall be measured during the time that the Subscriber is connected to the MTN Uganda system, which is approximately from the time the Subscriber connects to the time the Subscriber presses end, or any other key to terminate the call or hangs up. Usage on each call is charged for the entire time that the MTN Uganda switch handles the call. For calls made or received from the local area, the Subscriber will not be charged for busy or unconnected calls if the Subscriber presses end, or hangs up within a reasonable time.
b.    Billing. Postpaid dial-up subscribers shall receive itemised bills showing monthly usage. The details of the Subscribers monthly usage for prepaid dial-up subscribers shall only be provided to the subscriber on request to MTN Uganda, in cases of a legal nature, at a cost to be determined by MTN Uganda.
c.     Default/Termination. Where the Subscriber breaches any clause of this Agreement and/or omits to fulfil any of the covenants contained in this Agreement, or is subject to any proceeding(s) under the Bankruptcy Act, or is undergoing liquidation, the Subscriber will be deemed to be in default and MTN Uganda may without notice to the Subscriber suspend its service to the Subscriber, and/or terminate this Agreement. The Subscriber shall be liable to pay all costs including attorney's fees, and court costs incurred by MTN Uganda in its attempt to enforce this Agreement. If this Agreement is terminated following default by the Subscriber, MTN Uganda may charge the Subscriber for any damages suffered by MTN Uganda as a result of the said default. MTN Uganda reserves the right change the method in which prepayments for the use of airtime is made and network services on the network, by notice at any time in such manner as MTN Uganda may deem sufficient.
d.    Account information. Any person able to provide the Subscriber's name, address, an affidavit or duly executed Power of Attorney, baring the Subscriber's signature authorised by the Subscriber to receive information about and make changes to the Subscriber's account including the adding of new numbers shall be granted such on request. Where the Subscriber is receiving the service through the Subscriber's employer, the Subscriber authorises MTN Uganda to share his/her account information with the employer in question.
e.     Confidentiality. The Subscriber has the right and MTN Uganda has the duty to protect the confidentiality of the Subscriber's information relating to the service usage. The Subscriber consents to the sharing of his/her/its call data with MTN Uganda's affiliates and contractor's to develop or bring to the Subscriber's attention, any available products and/or services. This consent survives the termination of this Agreement. To withdraw this consent at any time, please notify MTN Uganda in writing for the attention of the Company Secretary and Legal manager at MTN Towers, Plot 22 Hannington Road, Kampala or call 031 212 333 and provide us with the following details: -
                                          i.    Name;
                                         ii.    Home address;
                                        iii.    Home telephone number;
                                        iv.    Service number;

Removal of the above named consent shall not affect the service envisaged by this Agreement.
MTN Uganda may amend the terms of this Agreement at any time and the MTN Uganda service guide, upon either prior or subsequent notice to the Subscriber. Where the Subscriber does not agree with the said amendment, the Subscriber may terminate this Agreement by giving MTN Uganda notice, no later than twenty (20) days after receiving the notice of the proposed amendment from MTN Uganda. If the Subscriber continues to use MTN Uganda's services for a period of over twenty (20) days after MTN Uganda has notified the Subscriber of the said change, it shall be an indication that the Subscriber has agreed to the proposed amendments to this Agreement.
Some laws do not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations contained in this section may not necessarily apply to you.
a.     Limitation of Liability. MTN Uganda is not liable for the acts or omissions of another service provider through the Subscriber's phone, equipment failure, or modification, or causes beyond MTN Uganda's reasonable control. MTN Uganda is not liable for the service outages of twenty (24) hours, or less nor for service limitations or interruptions, as described in paragraph 1.c above. MTN Uganda's liability and the liability of any underlying carrier, for any failure or omission shall under no circumstances exceed the service charges during the affected period. MTN Uganda and any underlying carrier are not liable for: -
                                          i.    Any economic loss or injuries to persons or property, arising from use of the service, the phone or any equipment used in connection with the phone. The installation or repair of the phone by any parties who are not employees or express agents of MTN Uganda.
                                                              ii.    MTN Uganda is not liable for any act associated with the proper exercise of rights of privacy and/or unauthorized usage provisions of this Agreement. This clause shall survive the termination of this Agreement.
MTN Uganda shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber whether direct or consequential, where:-
                                                            iii.    MTN Uganda fails for any reason whatsoever to supply and/or deliver and/or provide installation of any Terminal equipment, either on the required date, or at all; and/or
                                                            iv.    MTN Uganda's network services are interrupted, suspended or terminated, for whatever reason; and/or
                                                             v.    MTN Uganda fails to suspend the provision of the network services to the Subscriber in terms of an arrangement between MTN Uganda and the Subscriber, or after the Subscriber has specifically requested MTN Uganda to do so in order to limit the usage; and/or
                                                            vi.    Loss or damage has been caused by the negligent act(s) or omission(s) of MTN Uganda, its employees or its agents.
b.    Indemnification. The Subscriber agrees to defend, indemnify and hold MTN Uganda, its affiliates and agents and any other service provider associated with it, harmless against claims or damages relating to this Agreement, or any promise or statement made in it and use of the phone or service. The Subscriber also agrees to pay reasonable (in MTN Uganda's estimation) attorneys and expert witness fees and costs incurred in enforcing this Agreement through appeal.
c.     Warranties. MTN Uganda warrants that the equipment purchased by the Subscriber in accordance with this Agreement shall be covered by a general warranty of no more than six (6) months. MTN Uganda does not make any express warranty regarding the service and hereby disclaims any implied warranty, including any warranty of merchantability or fitness for a particular purpose. MTN Uganda does not authorise anyone to make any warranty on its behalf and the Subscriber shall not rely on any such warranty. MTN Uganda is not the manufacturer of any phone and/or telecommunication equipment and therefore any statement regarding the same shall not be interpreted as a warranty issued by MTN Uganda.
Please read this section carefully. It affects rights that the Subscriber may otherwise have in relation to the resolution of disputes through arbitration instead of court trials and representative actions. Arbitration is final and binding and subject to limited review by any court of law. This arbitration clause shall survive the termination of this Agreement.

a.     Binding Arbitration. Any dispute or claim arising out of, or relating to any product or service provided in connection with this Agreement, (whether based on contract, tort, statute, fraud, misrepresentation or any other legal basis), shall be resolved by arbitration which shall be binding upon the parties except that, MTN Uganda or the Subscriber may choose to pursue claims in a court of law if such claims relate solely to the collection of any amount(s) owed by the Subscriber to MTN Uganda. However, for such claims that may be taken before a court of law the Subscriber and MTN Uganda waive any claims to punitive damages and any right to pursue claims on a class or representative basis.
b.    Arbitration procedure. The Subscriber must first present any claim or disputes to MTN Uganda by contacting the MTN Uganda Legal department to give MTN Uganda an opportunity to resolve the dispute. The Subscriber may request arbitration if the claim or dispute cannot be resolved within sixty (60) days. Unless the Subscriber and MTN Uganda agree otherwise, the arbitration will take place in the city where the MTN Uganda switching centre for the Subscriber's number is located. An Arbitrator may not award relief in excess of, or contrary to what this Agreement provides, order consolidation or class arbitration, or award punitive damages, or any other damages aside of the prevailing party's actual damages, except that the Arbitrator may award on an individual basis, damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential and neither the Subscriber, nor MTN Uganda may disclose the existence, contents or results of any arbitration, except as may be required by law, or for purposes of enforcement of the arbitration award. Judgement given in any arbitration may be entered in any court of competent jurisdiction. If any portion of this arbitration clause is determined by a court to be invalid or inapplicable, the remainder shall still be given full force and effect.
c.     Costs of Arbitration. All administrative fees and costs of arbitration shall be borne equally by both parties. In all arbitrations, each party shall bear the expense of its individual counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
d.    Waiver of Punitive damage claims and Representative/Class actions
By virtue of this Agreement, the Subscriber and MTN Uganda waive the rights to litigate disputes of this nature in any court of law. If for any reason arbitration is deemed inapplicable, and/or invalid, both the Subscriber and MTN Uganda waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claim(s) on a class and/or consolidated basis or in representative capacity.
a.     Privacy. MTN Uganda is not liable for any lack of privacy, which may be experienced with regard to the service. The Subscriber hereby authorises MTN Uganda to monitor and record calls made to MTN Uganda concerning the Subscriber's account, or the service and the Subscriber further consents to the use by MTN Uganda of automatic dialling equipment to contact the Subscriber. MTN Uganda has the right to intercept and disclose transmissions over the MTN Uganda facilities, in order to protect MTN Uganda's rights and property.
b.    Assignment. MTN Uganda may at anytime assign this Agreement in part or totality to any party without such assignment being considered as a change in this Agreement, and without notice to the Subscriber. However, the Subscriber shall not assign its rights and/or obligations envisaged by this Agreement without the prior written consent of MTN Uganda.
c.     Notices. Written notices to the Subscriber shall be effective three (3) days after the day it was deposited in the mail addressed to the Subscriber's address, as indicated in the Subscriber's account file at MTN Uganda's premises. Or immediately upon delivery in cases of delivery by electronic means (i.e.) e-mail or short messaging services. The Subscriber shall notify MTN Uganda of any changes in address. Written notice to MTN Uganda shall be effective when directed to and received by the MTN Uganda Customer Care and Services Department Manager and/or the MTN Uganda Company Secretary and Legal Manager.
d.    Entire Agreement. These general terms and conditions together with all other documentation directly or indirectly made part of this Agreement represent the entire agreement between the parties, which may only be amended as envisaged by this Agreement. This Agreement supersedes any inconsistent or additional promises made to the Subscriber by any of MTN Uganda's employees, agents, dealers and/or representatives. If any part of this Agreement is declared invalid by any authority with the mandate to make such declaration, the remainder of the Agreement shall remain valid.
e.     Governing Laws. This Agreement shall be governed and construed in accordance with the laws of the Republic of Uganda and is subject to all regulations imposed by the Ugandan Communications Regulator.
f.     Other MTN services. The Subscriber may receive special promotions or discounts for other services offered by MTN Uganda in connection with the use of certain fixed line services. The said promotions and/or discounts terminate upon termination of this Agreement.
g.    Capacity. The Subscriber represents that it/he/she bares the capacity and is legally competent in regard to adulthood or due registration and incorporation in Uganda to enter into this Agreement and that it/he/she is not aware of any disability or lack of legal capacity that would prevent it/he/she from entering into a legally binding agreement with MTN Uganda.
h.     Where the Subscriber subscribes for more than one line and fails to honour its/his/her obligations in respect of any of the lines subscribed for, MTN Uganda reserves the right in its discretion, to take action in accordance with this Agreement in respect of the said line without prejudice to the other lines that are not in default. (Such actions shall include but not be limited to suspension, disconnection, surcharge, and any other remedy provided herein.