FAQs
 Legal
   Disclaimer
   Privacy Policy
Terminology

GENERAL TERMS AND CONDITIONS
 
FOR INTERNET SERVICE PROVISION
 
Get the most out of your internet 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 Customer") 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, *Limitation of liability and warranty, *Resolution of disputes by arbitration instead of litigation.
If you have the service 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 and notify us immediately to cancel the service.  
 
This is an agreement ("Agreement") for internet services and related services and/or features between you ("the Customer") or your company and MTN Uganda Limited (MTN Uganda), which is licensed to provide the service you have subscribed for in Uganda.
Installation of the service shall only commence upon the Customer making any required pre payment.
 
1.           SERVICE
 
a.     Term. For any service subscribed for in this Agreement, the term shall be indefinite unless the Customer specifically requested a fixed term. In which case 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 Customer does not use the service for a period of six (6) months or more, MTN Uganda reserves the right to retrieve its equipment and subsequently cancel this Agreement.
 
b.     Rates. The cost of the service and other charges for the service subscribed for are described in the MTN Uganda tariff guide hereto attached as Schedule 1. MTN Uganda reserves the right to alter the said tariff guide at any time in such manner as MTN Uganda may deem fit.
 
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 Customer. However, MTN Uganda shall endeavour to offer a reliable and cost effective service and the service will be offered with an availability of not less than 98% up time in Kampala and main urban centres and 96% uptime elsewhere in Uganda, calculated over a period of a year. The immediately foregoing notwithstanding, the service hereunder provided is on a ‘best endeavour’ basis and the Customer acknowledges that speeds/latency of service may due to circumstances beyond MTN’s immediate be control be compromised. MTN Uganda shall not be liable in any manner where the Customer's access is prematurely ended when the Customer's credit is used up.
 
d.     Use of service. The Customer agrees not to use the service 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 Customer's use of the network. The Customer 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 Customer is responsible for all content transmitted through the Customer's system. Resale of the service is prohibited without required regulatory approvals. The Customer is responsible for ensuring that their computer (s) is compatible with the service provided by MTN Uganda and contracted for by virtue of this Agreement. The Customer 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 Customer shall have all ownership rights over all equipment purchased from and supplied by MTN Uganda in terms of its obligations hereunder. The Customer 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 Customer. By using the service, the Customer agrees to abide by the terms and conditions of any applicable software licence. The Customer 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 Customer, 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 Customer by MTN Uganda.
 
e.     Unauthorised usage. Where the Customer's terminal equipment is stolen or used for fraudulent purposes the Customer 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 Customer's number without notice to the Customer if MTN Uganda suspects fraudulent, illegal, and/or abusive activity on the part of the Customer. The Customer agrees to co operate with MTN Uganda in any fraud investigation and to use any fraud prevention measures prescribed by MTN Uganda.
 
2          CHARGES/PAYMENT/DEFAULT
 
a.     Generally. The Customer is responsible for all charges, (i.e.) the purchasing of the equipment and payment for local and roaming charges as the case may be. For all incoming and outgoing service, the cost of the service shall be based on the capacity of the Customer’s connectivity and/or in MTN Uganda’s discretion, the duration that Connectivity of the Customer to the MTN Uganda system is enabled by MTN Uganda.
 
b.     Default/Termination. Where the Customer 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 Customer will be deemed to be in default and MTN Uganda may without notice to the Customer suspend its service to the Customer, and/or terminate this Agreement. The Customer 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 Customer, MTN Uganda may charge the Customer 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.
 
c.     Account information. Any person able to provide the Customer's name, address, an affidavit or duly executed Power of Attorney, bearing the Customer's signature authorised by the Customer to receive information about and make changes to the Customer's account including the adding of new numbers shall be granted such on request. Where the Customer is receiving the service through the Customer's employer, the Customer authorises MTN Uganda to share his/her account information with the employer in question.
 
d.     Confidentiality. The Customer has the right and MTN Uganda has the duty to protect the confidentiality of the Customer's information relating to the service usage. The Customer consents to the sharing of his/her/its service data with MTN Uganda's affiliates and contractor's to develop or bring to the Customer'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.
 
 
 
3          CHANGES TO 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 Customer. Where the Customer does not agree with the said amendment, the Customer 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 Customer continues to use MTN Uganda's services for a period of over twenty (20) days after MTN Uganda has notified the Customer of the said change, it shall be an indication that the Customer has agreed to the proposed amendments to this Agreement.
 
4          LIMITATIONS
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 Customer'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 shall not be liable for any roaming charges incurred by the Customer. 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.
(ii) The installation or repair of the phone by any parties who are not employees or express agents of MTN Uganda.
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 Customer for any loss or damage suffered by the Customer whether direct or consequential, where:-
(i) 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
(ii) MTN Uganda's network services are interrupted, suspended or terminated, for whatever reason; and/or
(iii) MTN Uganda fails to suspend the provision of the network services to the Customer in terms of an arrangement between MTN Uganda and the Customer, or after the Customer has specifically requested MTN Uganda to do so in order to limit the usage; and/or
(iv) 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 Customer 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 Customer 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 Customer in accordance with this Agreement shall be covered by a general warranty of no more than six (6) months. The foregoing warranty is STRICTLY LIMITED to the extent of repair or where repair is not possible replacement with the exact equipment or like equipment of similar cost as the equipment being replaced. 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 Customer 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.
 
5          RESOLUTION OF DISPUTES
 
Please read this section carefully. It affects rights that the Customer 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 Customer 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 Customer to MTN Uganda. However, for such claims that may be taken before a court of law the Customer 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 Customer 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 Customer may request arbitration if the claim or dispute cannot be resolved within sixty (60) days. Unless the Customer and MTN Uganda agree otherwise, the arbitration will take place in the city where the MTN Uganda switching centre for the Customer'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 Customer, 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 Customer 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 Customer 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.
 
6          MISCELLANEOUS
 
a.     Privacy. MTN Uganda is not liable for any lack of privacy, which may be experienced with regard to the service. The Customer hereby authorises MTN Uganda to monitor and record calls made to MTN Uganda concerning the Customer's account, or the service and the Customer further consents to the use by MTN Uganda of automatic dialling equipment to contact the Customer. 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 Customer. However, the Customer 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 Customer shall be effective three (3) days after the day it was deposited in the mail addressed to the Customer's address, as indicated in the Customer'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 Customer 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 Customer 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 Customer 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 Customer 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. If the foregoing representation is breached any person who; purports to sign any document whether as the contracting party or as a witness or makes any representation to MTN in respect of the services provided hereunder shall be personally liable to the fullest extent as if that person was the contracting party.
 
h.     Where the Customer 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).