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AIR TIME PROVISIONS TERMS AND CONDITIONS

DEFINITION


The words used herein shall have respective meanings:

  1. ‘Company’ means Airtel Malawi Limited a company incorporated under the companies Act 1984 herein referred to as Airtel having its registered office at Airtel House, city Centre, Lilongwe.
  2. ‘Customer’ or ‘Subscriber’ shall mean a legal entity or company or firm or association or group of persons or an individual who has contracted to avail the services on the general terms and conditions.
  3. ‘Services’ shall mean providing mobile phone service and other value added services which the company may provide.
  4. ‘Acceptance’ would mean the verification of the documents and addresses given by the prospective customer to Airtel in establishing without doubt the authenticity of the prospective subscriber and adherence to the credit facilities limits fixed by the company in term of the amount due from prospective subscribers for availing the services of Airtel Malawi Limited in the event of prospective subscriber’s authenticity not being established at the address given, the obligation to provide mobile phone service by the company ceases immediately.
  5. ‘Connection’ the connection the SUBSCRIBER by radio interface to the system via the SIM card and the handset.
  6. ‘Connection fee’ the initial charge to connect the SUBSCRIBER to the systems specified in the transaction schedule and amended from time to time by the schedule to tariffs.
  7. ‘Access fee’ the periodic charge raised by Airtel Malawi Limited on the SUBSCRIBER in regard to the connection and set out in the transaction schedule and amended from time to time by the schedule of tariffs.
  8. ‘SIM card’ – the SUBSCRIBER identity module card, being a user card bearing a subscriber number and issued by Airtel Malawi Limited to the SUBSCRIBER to enable the SUBSCRIBER to access to the system.
  9. ‘MSISDN’ shall mean Mobile Subscriber International Standards Dialing Number in short, phone number.
  10. ‘Service provided shall include, Voice Mail call forwarding, call holding, call waiting clip fax and data, SMS, itemized billing roaming any other service that Airtel may provide based on licensed obligations.
  11. ‘Suspension’ – the subscriber will be unable to dial but may receive incoming calls.
  12. ‘Termination’ – the subscriber is permanently removed from the system so that no calls shall be received or made. The MSISDN could even be relocated to another subscriber’.
  13. ‘SMS’ – short messages services in form of text.
  14. ‘Mild Brand’ – voice messages broadcast through the network.

APPLICATION


This application only if and when accepted by Airtel Malawi Limited by signing of the contract form, will result in an obligation for providing mobile phones services of the company on the terms and conditions stated herein irrespective of anything to the contract which might be found on the purchase order or any other communication to the customer.


LICENCE AND STATUTES


Airtel Malawi Limited has been licensed by the Government of Malawi to provide digital mobile phone services in the whole Republic of Malawi for a specified period. The services provided by Airtel will be available to the customers beyond the initial licensed period subject to renewal by the Government of Malawi and on such terms and condition as specified.


The terms and condition mentioned herein are subject to the communication act 1998 as modified time by time and also any other relevant statutes of the Government of Malawi or the local authorities.


SUBSCRIBER INFORMATION/DETAILS


Subscribers will be required to provide personal information to Airtel Malawi Limited in accordance with KYC requirements. Airtel Malawi Limited reserves the right to scrutinize and verify subscriber personal l information.Airtel further reserves the right to register, reject or withdraw subscriber from the network on the basis of veracity of personal information provided.


DURATION


This agreement shall be effective from the date and time at which the mobile phone connection is provided by Airtel Malawi Limited to the subscriber and will continue to be valid till the same is terminated by either party as per clause 15 mentioned hereunder.


OBLIGATIONS OF THE SUBSCRIBER


  1. The subscriber shall submit to the company directly or through its authorized dealers a completed application form and necessary supporting documents, if requested to validate credit worthiness.
  2. The subscriber cannot transfer the services, SIM card(s), personalized phone number(s) without the prior consent of Airtel Malawi Limited writing and paying the necessary fee. The subscriber shall clear all his/her dues to Airtel Malawi before requesting such transfer.
  3. In case of loss/misplacements of SIM cards(s) with or without the mobile equipment, the subscriber shall immediately notify Airtel, so that Airtel Malawi Limited would deactivate the services. The subscriber shall continue to be liable for all the services utilized in the SIM cards up to the time the subscriber delivers notice at Airtel office or sends a fax of which receipt should be confirmed.
  4. All SIM card(s) personalized phone numbers shall always to the sole property of Airtel Malawi Limited. The subscriber shall immediately return them upon deactivation of the service failing which deposits (if any) may not be refunded.
  5. Airtel Malawi Limited may change MSISDN (subscriber’s phone number) upon notifying the subscriber and the subscriber giving consent, which consent shall not be unreasonably withheld by the subscriber. Notwithstanding the generality of the foregoing, Airtel reserves the right to change MSISDN at its sole discretion in the following circumstances:-
    1. In the event of Court Order;
    2. Expiry of 90 days without subscriber recharging the Number;
    3. Customer Non- Compliance with KYC.

    In the event that Airtel Malawi Limited changes the MSSISDN(subscribers phone number) at its sole discretion and for reasons expressly outlined above,,the subscriber holds no claims to the number, nor is Airtel Malawi Limited liable to reimburse the subscriber for costs of reprinting stationery or any other charges incurred due to change of MSISDN. Where practical Airtel will give notice to the subscribers for changes of MSISDN in the foregoing circumstances.

  6. The subscriber shall pay all bills and dues promptly within the stipulated time in cash, by bank certified or bank guarantee cheque, or by pre-authorized payment by the subscribers financial institution. Charges of different services provided and availed of as paragraph 1.10 of the terms and conditions shall be applicable as per company’s tariffs published from time to time. Nonpayment by the subscriber gives the right to Airtel Malawi Limited to deactivate/terminate the service without assigning any reason whatsoever in additions to any action which the company may propose for the recovery of the amount due. A monthly administration charge based on commercial bank of Malawi prime rate plus two percent shall be added to the subscribers account for any balance outstanding starting on the day following the due settling bills is the 20th of the following month.
  7. The subscriber is entitled to use the services within the credit limits stipulated by the company which will be based on the usage possibilities chosen by the subscriber. The company reserves the right to vary the credit limit for each subscriber depending upon changing circumstances, credit data provided by the subscriber and based upon information collected b the company in case of dues exceeding the credit limit at any point of time the subscriber will be suspended.
  8. Only after payment of the outstanding bill and reconnecting fee will the customer be reconnected.
  9. Any taxes and/or duties levied by the government, or any other authority of the service and payable by the subscriber shall appear on the monthly invoice.
  10. The subscriber is liable to pay the access fee, air time amounts, and the applicable taxes as billed by Airtel Malawi Limited.

PROVISION OF SERVICES BY AIRTEL MALAWI LIMITED


  1. Airtel Malawi Limited shall endeavor to provide and maintain the availability of the service to the subscriber throughout the period of this agreement.
  2. Airtel Malawi shall be entitled at any time to modify, expand, improve, maintain or repair the system upon providing at least 24 hours, through SMS, mid-brand or any other method deemed appropriate notice to the subscriber shall be entitled to suspend the operation of the system and/or the service in order to effect any modification expansion, improvement maintenance or repair work provided that Airtel Malawi Limited shall endeavor to minimize disruption resulting thereof. Moreover Airtel disclaims any liability to claims made by subscribers where services have been disrupted without prior notice from the company.
  3. Airtel Malawi Limited shall endeavor upon receipt of a written request from subscriber to make available to the subscribers and against payment of such charges as Airtel Malawi Limited may require, as set out in its schedule of tariffs, a directory information service.
  4. To provide the subscriber upon written request and as an additional service subject to payment having been received by Airtel Malawi Limited from the subscriber with a personalized and itemized account containing the subscribers name, address and telephone number, account number and such other pertinent information as Airtel Malawi shall deem fit.
  5. To provide the subscriber with proper instructions in relation to the operation of the system and any ancillary service offered by Airtel Malawi Limited.
    1. Should any or more of the terms and conditions of this agreement be breached by subscriber Airtel Malawi Limited shall have the right without prejudice to any other right it may have under this agreement or in law.
    2. To refuse the further allocation of the subscriber numbers and To refuse deliver of SIM cards.
    3. To refuse the connection subscriber numbers allocated to the subscriber to the system for so long as the subscriber remains in such breach of this agreement and to action accordance with the provision contained in paragraph 12.
  6. In event of any dispute regarding any sums due or payable to the record of charges with Airtel Malawi Limited shall be treated as conclusive evidence of charge incurred by the customer.
  7. Airtel Malawi Limited is not liable for calls affected by disturbance, poor quality attributed by force majeure and there shall be no liability on the part of Airtel Malawi to pay compensation or damages for loss of business, loss of profits or any other account.
  8. Airtel Malawi Limited shall as a rule demand deposits on any account before service can be provided. The subscriber credit limits is equal to the sum of deposits.
  9. Airtel Malawi Limited reserves the right to reject any application for mobile phone services. In the event that an application for mobile phone services has been rejected, Airtel Malawi Limited shall notify and provide reasons for rejection to the Applicant

ACCESS FEES/CONNECTION FEES


The fees referred to above shall be invoiced by Airtel Malawi monthly in advance and the subscriber shall pay the aggregate of such charges and fees to Airtel Malawi within 20 days from the day of invoice failure to make payment will result in service being suspended. For new connections the fee and charges are payable before any connection can take place.


PAYMENT


  1. No payment shall be deemed to have been made until received and cleared by Airtel bankers and under no circumstances whatsoever shall the subscriber be entitled to withhold any payment by reason of any claim which the subscriber may have or ever to have against Airtel Malawi Limited.as long as services are continuously being provided by Airtel Malawi Limited.
  2. Airtel Malawi shall have the right in its discretion to apply any debt due to it by the subscriber not of such allocation.

METHOD OF PAYMENT


The subscriber shall, if required by Airtel Malawi Limited effects payments of all amounts hereunder by way of direct debit order or other method of payments as set out in the terms and conditions against the subscriber correct transmission savings or other accounts which the subscriber may have with bankers or other institutions. The subscriber shall and deliver to Airtel Malawi within twenty one days after signature by the subscriber to this agreement such instruments of payments as Airtel Malawi in its sole discretion may require. The subscriber acknowledges and agrees that such instrument shall not constitute a novation or variation of this agreement.


WARRANTIES AND INDEMNITIES


  1. All warranties, conditions or other term (whether expressed or implied or tacit, by statue, common law or otherwise) as to quality of the services, the SIM cards or the subscriber number or their fitness for any particular purpose are hereby included as part of the terms and conditions herein.
  2. Airtel Malawi shall not be liable to the subscriber or be deemed to the in breach with this agreement by reason of any delay in performing or failure to perform any of its breach of obligation save under circumstances of established negligence by Airtel Malawi.
  3. Airtel Malawi shall not be obliged to compensate the subscriber for any loss, damage or expense incurred as a result of the unavailability of the services due to force majeure.
  4. The subscriber acknowledges and agrees that the services may from time to time, be affected by local geography, topography and/or atmospheric condition and/or other causes of interference and Airtel Malawi shall not be liable (whether indirectly, consequentially damage or expense including loss of revenue, loss of profit or loss of business arising from the aforegoing.

SUBSCRIBERS WARRANTS


The subscriber warrants and respects to Airtel Malawi Limited, which enters into this agreement in reliance upon such warranties and representations, that:

  1. Comply with all reasonable instruction given by Airtel Malawi in relation to the use of the subscriber number, the SIM card and the system.
  2. Not use or allow others to use the service for any other improper, immoral or unlawful purpose.
  3. Comply with any reasonable instruction issued by Airtel Malawi which concern the subscriber use of the SIM card, service or connection matters.
  4. Provide Airtel Malawi with all such necessary information that Airtel Malawi may reasonable to require digital cellular apparatus as may be approved by Airtel Malawi in writing.
  5. Whilst the subscriber makes use of the apparatus outside the Republic of Malawi comply with all laws regulations and requirements of the relevant regulatory authority both in so far as Republic of Malawi is concerned and the country in which the subscriber makes use of the apparatus.

CONFIDENTIALITY AND SUBSCRIBER INFORMATION


  1. Whilst Airtel Malawi shall endeavor to protect the subscriber from disclosure to any other party.
  2. The foregoing endeavor shall not apply in regard to such information which is publically available as at the date of disclosure or thereafter becomes publicly available from source other than the parties.

TERMINATION


Either party may terminate this agreement upon ones party stating their intention to terminate the same. The company may terminate (permanent deactivation) this agreement forthwith in the event of any fraud misuse of services. In the event of acceptance of the notice of termination from the subscriber Airtel Malawi is liable repay the refundable security deposits to the subscriber at the latest 30 days after the date of receipt of information on the termination. The amount shall equal to the Malawi Kwacha initially paid. Should the subscriber refuse to accept notice of termination, Airtel reserves the right to take legal action immediately against the subscriber.


OTHER EVENTS/ISSUES


  1. If anything during continuation of agreement the performance of any obligation either in whole or in part by Airtel Malawi shall be prevented or delayed by reason of war or hostility civil commotion, sabotage, fire, flood, act of state or statutory authority, explosion epidemic quarantine restrictions, strikes, lockout, or act of God (herein referred to as Event), the company shall not be held responsible for and break or disruption of service. The company shall resume normal services as soon as possible after such events may come to an end or cease to exist. The decision of the company as to whether the service may be resumed or not shall be final conclusive.
  2. The company may at any time upon notifying the subscriber modify the terms and condition of this agreement.
  3. Any dispute that is not resolved amicably shall be subject to the relevant jurisdiction of the Republic of Malawi.
  4. This agreement and its performance shall be governed by and construed in all respect in accordance with the laws of the Republic of Malawi.

DAMAGES


  1. Both the subscriber and Airtel Malawi Limited shall be entitled to recover damages from in the event of a termination of this agreement arising out of a breach of anyone or more of its terms and conditions.
  2. The subscriber acknowledges that any such claim for damage by Airtel shall incorporate inter alia all cost to the network for the period of this agreement.
  3. Notwithstanding the foregoing Airtel Malawi shall have the right upon breach of this agreement occurring, to accelerate all payments due by the subscribers in terms of this agreement such that the full amount shall immediately become due and payable.
  4. The subscriber further acknowledges that a certified by the financial director of Airtel Malawi reflecting damages and the balance due and payable by the/or subscriber shall be considered as binding upon him.