Terms & Conditions

CHTR (PTY) LTD
Registration Number (2023/542696/07)
II Palazzo, 5 Zenith Drive,
Umhlanga Ridge, 4319, South Africa
Tel +27 68 981 6459

CONSUMER SUBSCRIBER AGREEMENT
CHTR PTY LTD Registration Number: 2023/542696/07
VAT Number: 4390317529
Dealer License Number: 1405631
Official MTN Partner

You are directly affected by some of the clauses because they –
• limit or exclude our risk or liability,
• limit or exclude your rights and remedies against us,
• make you take on risk or liability, or
• make you acknowledge and voluntarily agree with certain statements.

Please pay special attention to all the clauses, as you will forfeit claims against us and other parties for certain losses, liabilities or damage. We may also have claims against you and hold you responsible to repay us further amounts, including costs or damages that we may have to pay. You must voluntarily confirm and agree with the statements in all the applicable clauses.

1. CONTRACT

In addition to this document, there are other specific terms and documents that apply to the services you may access under the contract, such as the terms and conditions for specific promotions and package options. You need to sign the attached application form and voluntarily agree to all the terms in all the documents that apply to both of us (including product terms, conditions, the terms of which are incorporated into these terms).

There will only be a binding contract after we (as an authorized MTN Partner) activate your SIM card. These terms must be preferred if there is any conflict in any of the contract documents. You can get copies of all contract documents from CHTR PTY LTD or online at www.mtn.co.za. Keep all documents we hand you when we deliver your mobile device and your Invoice. In the contract, CHTR or “we” or “us” or “our” means CHTR PTY LTD (2023/542696/07).

2. ACTIVATION AND PERIOD

Your application will be regarded as accepted when we activate your SIM card. This will allow you to use the MTN network services. We will be responsible for delays or cancellation (unless due to any cause beyond our control). We will regard your SIM card as activated at our premises and connection charges may apply to activations. The initial contract period will be in the application form (usually 24-months unless otherwise specified) starting when the SIM card is activated. Unless we provide otherwise, your contract will continue month-to-month when the initial contract period ends, and the most recent product and service terms and conditions will apply to the month-to-month services.

3. CONSENT

You voluntarily consent to us using a third party (like a credit bureau) to record, assess your creditworthiness, or monitor your payments to us.

4. YOUR IDENTITY

You voluntarily agree to comply with all applicable laws, including Regulation of Interception of Communications and Provision of Communication related Information Act, 2008 (RICA). You are legally required to verify your identity in a face-to-face process when registering a SIM card with us. Please produce your:

• original identity document, passport document; and
• proof of residential address.

If you transfer your SIM card to anyone other than a family member, both of you must visit our RICA officer to change ownership. The other person must also produce an identity document and proof of residence.

5. THEFT, LOSS OR DAMAGE

Ownership of the mobile device will remain vested in CHTR PTY LTD for the duration of the initial contract period. However, all risk for loss, use, damage, destruction or theft of a SIM card or mobile device passes on delivery of the mobile device that you have leased from us as a part of your subscriber package to you (or to any person chosen by you to accept them for you). If a SIM card is lost or stolen, you must request us to suspend it. We will blacklist the device and provide you with an ITC reference number. You are then legally required to report the crime to the South African Police Services and give them the ITC reference number. You remain liable for all costs and charges until we received your request to suspend your SIM card. You are responsible for insuring your mobile device against any loss, theft, destruction or damage. If your mobile device is lost, stolen or damaged, you still must pay for the contract, including the lease payment for the initial contract term.

6. OWNERSHIP

We own the mobile device which may be included in your package option, however all risk for theft, loss or damage will pass to you on delivery. Ownership of the device will transfer free of charge to you at the end of the initial contract period on payment of the last lease payment. If you end your contract early, ownership will transfer to you once you have settled the termination payments as per clause 16. Without limiting its rights in law, CHTR PTY LTD reserves the right to blacklist the device should you fail to settle termination charges and or pay any outstanding amounts due, owing and payable on your bill.

7. SIM CARD AND MOBILE DEVICE

The package option you select may include a mobile device in addition to mobile services, which mobile device will be on a lease-to-own basis. If your package option includes a mobile device, the lease amount for the mobile device will be included in your recurring monthly charges for the initial contract period. Although you do not own the mobile number nor the SIM card, you may retain the mobile number if you port to another network or service provider. When using the SIM card and device on the network you:

• must comply with our rules. You: must only use the services for lawful purposes;
• must only use a mobile device which is approved by ICASA or any other relevant authorities;
• must not reverse engineer, decompile, modify or tamper with any software on any SIM card or mobile device and you must prevent anyone else from doing so;
• must not use our SIM card, mobile device, network or services for any fraudulent or other unlawful purpose;
• must not use our services to retain any direct financial gain (e.g., termination charge arbitrage);
• must not use or operate any apparatus commonly known as a “SIM box” or GSM gateway;
• must not use a SIM card, mobile device or apparatus used to forward or divert network services with the intention of reducing your charges for that call;
• must not re-originate international calls or refile incoming traffic or engage in any activity which may negatively affect the network;
• must not change any number with another number to make international calls appear as locally originating;
• you may not sell, or attempt to sell, or otherwise provide commercial services using the SIM card, device or network to any third party without our express prior written consent; and
• you may not use a SIM card overlay to access services on the network.

If we suspect that you are not complying with the rules listed above, we will suspend your services immediately without notice to you.

8. PAYMENT

You are required to make payment of all amounts due to CHTR PTY LTD by means of a direct debit order against your banking account. You shall be in breach of the contract if you cancel any debit order without our prior written consent or where any debit order is returned unpaid or stopped. In such a case, we will have the right to suspend your account until all arrear amounts together with any additional charges related to the recovery of the amount owed have been received in full.

9. DEVICE DEFINITIONS

“Lease Amount” means the amount charged for the device as part of the contract and reflected in the application form, paid in equal monthly instalments. “Cash Price” means the price you would pay (equivalent to the insurance replacement cost) if you elect to cancel your contract in accordance with clause 16 or 17 below. On payment of the last lease amount due at the end of the contract period you will own the device.

10. BILL LIMIT AND SPEND LIMIT

As the account holder, you have control over the lines linked to your account. A bill limit is the limit available to you once all recurring monthly charges have been deducted. We will recommend a default bill limit, which you can customize. The sum of all bill limits for each line may not exceed the credit limit available for the account. Should you fail to set your bill limit, then you will be liable for all charges incurred on your account. Once your bill limit is set, each line can control their individual spend limit through self-service channels.

11. CREDIT LIMIT

To protect you and us from you incurring charges you might not be able to pay, we may limit the charges you may incur in any month. We will disclose the credit limit on the bill or invoice. To protect us, we may suspend your service if you exceed the credit limit. You will still have to pay the actual charges if they exceed the credit limit.

12. INTERNATIONAL ROAMING

At least five business days before you leave your country of residence you must ask us to permit you to use your SIM card for services while out of the country. You may be required to pay a security deposit. International roaming is expensive. We strongly advise that you check your user manual for your mobile device and learn how to disable data, Wi-Fi, and application settings before you leave.

13. CHARGES

You confirm that the package option or price-plan has been explained to you and that you understand and agree to it. You agree to accept the recurring monthly charges and other charges included with each package option. After any promotion ends, charges will revert to standard rates. By notifying you in advance, we may amend charges from time to time.

14. ADDITIONAL USE

You may have to pay additional charges for additional use if you exceed the number of voice minutes, SMSs or data included in your package option (out-of-bundle charges).

15. YOUR RIGHT TO TERMINATE

You may end the contract by notifying us before the end of the initial contract period, but you will be liable for termination charges. When the contract continues on a month-to-month basis you may end it at the end of a month, provided you notify us before the end of the relevant month. If we fail to remedy any alleged breach of contract, you may end the contract, but only after you:

• Notify us of the alleged breach;
• specify the nature and extent of the breach; and
• state your intention to end the contract if we do not remedy the breach within 20 business days.

16. TERMINATION PAYMENTS

If you breach the contract or end the contract before the initial contract period ends, you must pay early termination fees, including:

• The Cash Price for the mobile device;
• the monthly subscription up to the date the contract ends;
• all usage charges up to and including the date the contract ends;
• an additional one month’s subscription; and
• any collection fees and legal costs.

17. OUR RIGHT TO TERMINATE

Without limiting any of our other rights, we may end the contract forthwith on notice to you if:

• you fail to pay your invoice on its due date; or
• you fail to comply with our rules set out in clause 7; or
• you contravene any applicable laws or binding rules; or
• you are deprived of legal capacity (sequestration or liquidation); or
• the network license is withdrawn or cancelled; or
• you fail to remedy any material breach within a reasonable time after notification.

18. ACCESS TO SERVICES & FORCE MAJEURE

We cannot accept liability for any breach or failure to comply with any obligations arising from any cause beyond our control, including: network maintenance, technical problems, natural disasters, strikes, riots, electricity supply interruptions, or governmental acts. CHTR PTY LTD will not be liable to you for any breach as a result of a force majeure event.

19. LIABILITY

Subject to a fixed limit, we accept liability for loss or damages suffered by you, which are directly caused by us, unless:

• services are interrupted through no neglect by us;
• we are legally allowed to suspend your access;
• it results from fraudulent activity by third parties (scams, phishing, etc.).

Our cumulative maximum liability for all claims is limited to one month’s subscription you actually pay us in terms of the contract.

20. NOTICE AND ADDRESS

Where you must give us notice, it must be in writing (not by SMS or telefax). You must use the contact details indicated on your bill. Where we must give you notice, it may be in any form of writing (including SMS and email). Either of us may change our physical addresses in South Africa by notifying the other.

21. PRIVACY POLICY

We respect your privacy and you voluntarily agree to abide by our privacy policy and the network provider’s privacy .