Airtel Data Services Terms and Conditions
These Terms and Conditions for Airtel Zambia Data Services, together with the General Terms and Conditions for Mobile Services apply when we provide to you data services including, but not limited to, post-paid, pre-paid and roaming data services on our Mobile Data network. You are deemed to have accepted these Terms and Conditions when you sign a SIM registration Form or acquire an Airtel SIM card.
In these Terms and Conditions:
"Device" means the telecommunications equipment or device through which you receive the Service i.e mobile handset, data dongle, and router. etc.
"Internet" means the global information system consisting of a large number of interconnected computer networks that communicates through the use of TCIP/IP network protocols.
"Mobile Data" means 3.75G, GPRS (General Packet Radio Service) or EDGE (Enhanced Data Rates for GSM Evolution) services, or any other mobile data transfer technology that we may introduce from time to time, as the case may be.
"Service" means the Mobile Data service, including mobile internet, multimedia massages, portal and Blackberry, we provide to you as per the terms and conditions contained herein.
The Service includes the sending and receiving of mobile data between capable mobile data devices, and internet connectivity.
Depending on the type of Device and mobile data plan, the Service may also include direct access to mobile and Internet content and applications.
The Service will be provided over our network using either 3.75 or GPRS/EDGE, Mobile Broadband technology or any other mobile data transfer technology that we may introduce from time to time, and access to the service will require a compatible Device.
1. The Service will be charged as specified in your Service Application Form or as per the specific plan that you subscribe to. Data transport is normally billed per 10 Kilobytes of data.
Your invoice/ data reports will not separately identify the number of kilobytes attributable to your use of specific data services. Premium content - content which may be accessed or downloaded in exchange for payment (games, ringers, songs, etc.) are priced separately.
Data sent and received includes, but is not limited to, downloads, uploads, email, overhead and software update checks. You are responsible for all data activity from and to your Device, regardless of who initiates the activity. If you subscribe to a data plan with a specified megabyte (MB) or gigabyte data allowance, once you exceed your data allowance you will be charged at different rate from your talk time. Unused data allowance will not roll over to the subsequent billing period and all unused data will be forfeited unless you purchase a data bundle before the current one expires.
You had 1GB remaining in your account that expired on 30th January 2016 . On 1st February 2016, you decide to purchase the 2GB data bundle. Your new volume on 1st February 2016 will not be 3GB but instead 2GB. However, If you bought the 2GB say on 29th January 2016 before the current one expires, your volume will accumulate to 3GB and current volume will not be forfeited.
2. If you are not subscribed to a data plan, pay-as-you go charges are incurred when using data applications and services. At our Pay As You Go rates of ZMK1.00/Mb.
- Data bundles are not yet applicable when using roaming services. Therefore, all data usage is charged from the main account. Data roaming charges will apply when you use Data services outside Zambia.
- Data service availability while roaming depends on the availability of a commercial data roaming agreement between Airtel Networks Zambia and other network operators in the visited country.
- Data service coverage in the visited country is dependent on the data service coverage of the network you roam on.
- Certain capabilities of the Service, e.g. 3G, may vary or be unavailable on certain networks roamed on.
- Data quality of service while roaming is not guaranteed as it is highly dependent on the visited network’s data service platform.
- For postpaid customers, billing for international roaming usage may be delayed up to 60 days due to likely delays in reporting of billing events by the visited network.
- However, the customer is responsible for paying for all roaming charges incurred whenever the bill is rendered.
- Data Roaming refers to all internet based usage, including browsing, e-mail, social media access, apps updates, etc. Automatic updates of any applications or data services running in the background will be billed accordingly. You may want to consider deactivating auto-updates before activating data roaming services.
- Roaming is a premium service and attracts higher charges. Please check the applicable rates and make an informed decision before using the service.
- We do not guarantee availability of our data network throughout Zambia. Data services are not available with all mobile phones. Services may be subject to certain equipment and compatibility including memory, storage, network availability, coverage, accessibility and data conversion limitations. Aspects of the Service (including without limitation, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded on your device. Coverage areas vary between our 3.75Gand GPRS/EDGE network technology. Actual download speeds depend upon Device characteristics, network, network availability and coverage levels and other factors. Service may be affected by transmission limitations, terrain, in-building and in-vehicle use and the type of network technology used in specific locations to provide service. Availability of downloadable or streaming content is subject to change without notice to you.
- Access to your corporate/employee email may require additional server or server access, or additional requirements which incur additional charges.
- We acknowledge that the service may be subject to factors beyond our ordinary control, however we commit to do our utmost to remedy any disruptions or interruptions that may inconvenience our customers access to the service.
Content and Applications
Our Data Services and your device may allow you to access the Internet, text, pictures, video, games, graphics, music, email, applications, sound and other materials ("Data Content") or send Data Content elsewhere. Some Data Content is available from us or our vendors, while other Data Content can be accessed from others third parties. We make no guarantees about the Data Content you access on your phone. You are solely responsible for evaluating the Data Content accessed by you or anyone on your account.
Data Content from third parties may also harm your device or its software. To protect our network or for other reasons, we may place restrictions on accessing certain Data Content (such as certain websites, applications, etc.), limit the amount of data you can transfer or terminate the Service to you. You may not be able to make or receive voice calls while using data Services. Data Content provided by our vendors or third parties is subject to cancellation or termination at any time without notice to you and you may not receive a refund for any unused portion of the Data Content.
Prohibited and Permissible Uses
1. Data sessions may be conducted only for the following purposes, Internet browsing, email access, intranet access, sending and receiving of pictures and videos clips between individuals, licensed music and content downloads, mobile data streaming applications. While these are recognized as the more common uses permitted by your data plan, there are certain uses or applications that cause extreme network capacity issues - they severely interfere with our network - and are therefore prohibited. These includes automated or manual activities which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others, unsolicited email (“Spamming”/”Spam”) and any activity that adversely affects the ability of other people or systems to use either our data services or other parties' Internet-based resources, including without limitation, mail bombing, Denial of Service attacks (DOS), attacks against another network host or individual user; accessing, or attempting to access (including any attempt to probe, scan or test the venerability of a system), without authority, the accounts of others, or to penetrate, or attempt to penetrate security measures of our network or another entity's network or systems; deliberately attempt to overload a system, engage in any illegal or inappropriate activity including offensive communication, spreading of computer viruses, the infringement of copyright or proprietary material, or publication of defamatory material.
2. We reserve the right, without notice to you, to disconnect, modify and/or terminate the Service if we believe that you are using the Service in any manner prohibited. By using the Service you acknowledge and agree that we may, monitor your use of the Service and your traffic, at any time, for compliance with our Terms and Conditions.
We do not guarantee security. If you use your device to access company email or information, it is your responsibility to ensure that your use complies with your company's internal IT and security procedures.
These Terms and Conditions may be changed from time-to-time. We will post the most current version of these terms and conditions on our website or other appropriate locations. They are also available in our retail stores and website. Please check these locations regularly to inform yourself about changes to the terms and conditions.
We are not responsible for loss or disclosure of any sensitive information you transmit. Caller ID blocking is not available when using the Service, and your data SIM number may be transmitted to internet sites you visit. As a result, you may receive unsolicited messages from third parties and a charge for these messages may apply (i.e., data charges for downloading these emails and applicable attachments) whether the message is read or unread, solicited or unsolicited.
Text Message is limited to 160 characters per message. Standard message rates are charged when a message is sent or received, whether read or unread, viewed or unviewed, solicited or unsolicited. Premium text and picture/video messages are charged at their stated rates. Text, instant, picture and video messages, including downloaded content, not delivered seven (7) days after being sent, will be deleted. We reserve the right to change this delivery period as needed without notification. Picture/Video messaging, data plan, and text messaging may need to be provisioned on an account in order for you to use picture/video messaging. Some elements of picture/video messages may not be accessible, viewable or heard, due to limitations on certain Devices. There is no guarantee that messages will be received, and we are not responsible for lost or misdirected messages. We reserve the right to change the picture/video message size limit at any time without notification. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient.
Privacy of Subscriber Data
- Airtel will not monitor, edit or knowingly disclose the contents of your emails transmitted or received by you using the Service, except that you agree that Airtel may do so if required by law or if necessary to enforce the Terms and Conditions herein.
- Airtel shall adhere to the legislation in force regarding the treatment of subscriber data. We will take steps to protect our infrastructure from intrusion by third parties. However, it is not possible to guarantee total protection from unauthorized access. Airtel cannot be held liable for such intrusion.
- You consent to Airtel sharing your personal or service usage information with its affiliates, agents and third parties to develop or bring to your attention any products or services which may be of interest to you, and to processing your personal information by our selected data processors within Zambia or out of the jurisdiction. You agree that Airtel, its Agents or approved third parties may send you electronic marketing messages about our special offers, products and services unless you have advise us in writing that you do not want to receive this information. Our electronic marketing message may include an unsubscribe facility. This consent survives the termination these Terms and Conditions and your use of the Service, and is valid until you revoke it. To revoke your consent at any time, notify us in writing.
Any dispute, controversy or claim arising out of or relating to this agreement or breach, termination or invalidity thereof, if not resolved amicably shall be settled by arbitration in accordance with the Arbitration Act No. 19 of 2000 . Provided that Airtel shall not be prevented from commencing an action in Court for the resolution of any dispute or claim arising out of or relating to this agreement. Your complaint about any aspect of the Service may be communicated to us by calling (111) or writing to our Customer Service Department.
Limitation of Liability
To the extent allowed by law, our liability for monetary damages for claims that you may have against us is limited to no more than the proportionate amount of the service charges attributable to the affected period. Under no circumstances are we liable for any incidental, consequential, punitive or special damages of any nature whatsoever arising out of or related to providing or failing to provide services in connection with a device, including loss of business, loss of profits or cost of replacement.
You will pay for the use of data service in accordance with published tariffs as approved and revised by us from time to time.
Airtel BlackBerry services is provided to both Pre-paid and Post- paid customers using BlackBerry devices that run on BlackBerry 0.S software. This includes but is not limited to BlackBerry devices such as the BlackBerry 9900, 9790, 9220, 9360 ,9720, 9700. The Blackberry devices running on BlackBerry 0.S software version 7 and below require BlackBerry internet services to access Internet services. On the other hand BlackBerry 10 devices need not be provisioned on BlackBerry internet service for Internet access, they access internet services on PAYG or by using a Data bundle.
All BlackBerry service subscriptions have a daily fair usage of 100MB of which when reached, will still allow the customer to browse but their data speeds will be regulated until midnight. This data usage threshold is reset daily at midnight.
We reserve the right to terminate your service without cause including without limitation, upon expiration of your service agreement, if Airtel is unable to continue the supply of the Service due to contractual, economical or operational reasons etc. If your number/account becomes inactive ie you make no outbound call/sms or receive incoming calls/sms for 90 days the number will be disconnected and it may be reassigned to another subscriber, subsequently losing all benefits attached to the number.
To use the Service, you will be required to provide certain personal details for registration of the SIM. You undertake to provide true, accurate, current and complete information about yourself as required on the registration form, and to notify us of any changes thereof.
- The Service is provided on “as is” and” “as available”. We hereby exclude all conditions, warranties, representations or other terms concerning the availability or performance of the service, whether express or implied, or otherwise including (but not limited to) any implied conditions, warranties, representations or other terms of merchantability, satisfactory quality, fitness for a particular purpose. In particular, we make no warranty that the service will meet your requirements, it will be interruption free, timely or secure;
- We accept no responsibility for any cost or damages arising from any interruption, suspension or termination of the Service.
You agree to indemnify and keep indemnified Airtel against any costs, damages, liabilities and losses (including legal fees) suffered or incurred by Airtel as a result of any claim by a third party due to or arising out of your use of the service or any breach by of any of the Terms and Conditions herein.