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Terms & Condition


1. DEFINITIONS

Account: Means Airtel's records of personal details, outstanding charges payable by and payments received from CUSTOMER.

Account Holder: Means the CUSTOMER.

Active means in relation to a SIM Card that services for which it is enabled are conducted through it on a regular basis.

Activation Date: Means the date on which the CUSTOMER successfully subscribes for the services provided by Airtel through Client's SIM Card.

Airtel: Means Airtel TANZANIA LIMITED having its registered office at the corner of Ali Hassan Mwinyi Road and Kawawa Road Kinondoni, Block 41, Morocco Area, Dar- es- saalam.

Charges: Means connection charges, monthly access charges call charges and all other charges payable for the provision of network services, SIM Cards and any other services howsoever described by Airtel to the CUSTOMER as detailed in the Schedule of charges published by Airtel from time to time.

Contract: means the terms and conditions contained herein as read together with the CUSTOMER application form overleaf and any variation witnessed in writing.

Customer: Means a person or entity who successfully subscribes for Airtel's services (herein defined) and executes a contract with Airtel accordingly. The term "CUSTOMER" shall include the said subscriber's personal representatives/successors in title and assigns as well as persons acting with the CUSTOMER's authority as agents, servants or employees of the CUSTOMER.

Connection: Means the process through which a CUSTOMER is given access to the Airtel services through Airtel's network. The terms "Connected'', "Disconnected'' and "Reconnection" will have corresponding meanings.

Content: Means audio, text, visual or other information software and materials availed by means of the network including all information supplied by content providers from time to time.

Covered Area: Means the Geographical area covered by the network and within which the CUSTOMER can access the service or network as advised by Airtel from time to time.

Mobile Phone: Means a device that can make and receive telephone calls over a radio link whilst moving round a wide geographic area.

Network: Means Airtel equipment software and facilities that enable the CUSTOMER using a mobile phone compatible with GSM 900,1800 and 2100 or any other spectrum in use by Airtel {provided that it is not SIM locked by another operator} to have access to the Services.

PIN: Means a Personal Identification Number allotted to every SIM card to control access to the network and the term "PIN Code" shall have a corresponding meaning.

Point of Sale: Means any shop or place where the CUSTOMER can make an offer for any of the Services.

Price list: Means a list of charges for tariffs for Services as levied by Airtel, which Price List may be updated by Airtel from time to time and may include related explanations definitions notes and conditions.

Rights: Means copyright trademark and other relevant proprietary and intellectual property rights relating to the content or contained in any software that is required and/or utilized by Airtel to operate the network and to provide the Services.

Roaming/ International Calling Facility: Means an optional facility that may be availed by Airtel or through Airtel's assistance upon request by a CUSTOMER and at such additional costs as may be advised as Airtel, which facility allows the CUSTOMER while in a foreign country to use the network(s) and related services of other network service providers in such foreign countries subject to these Terms and Conditions as well as further terms as may be advised by the other network service providers.

Services: Means the mobile telecommunication services availed by Airtel or partner in case of roaming subject to these Terms and Conditions (as modified from time to time) which Services enables the CUSTOMER to make or receive calls and/or send and receive data, send and receive short text messaging, access information, send and receive money, make payments and access other facilities on Airtel Money supplied by Airtel or any other content providers by means of the network and the term "Service" includes all such value added services, package deals and other optional services as may be availed by Airtel.

Regulatory Authority means Tanzania Communications Regulatory Authority.
 

SIM CARD(s): Means the Subscriber Identity Module(s) provided to the CUSTOMER by Airtel to enable the CUSTOMER to access and to use the network and related Services.

 


 

2. COMMENCEMENT AND TERM

These terms and conditions shall apply to the CUSTOMER immediately upon subscription of the services and shall continue during the pendency of the licence granted to the company and any renewal thereof unless terminated by either party according to the terms and conditions herein.

 


 

3. PROVISION AND USE OF THE SERVICES

3.1 Subject to the provisions of the Contract the CUSTOMER is only entitled to the Services or such part thereof as are to be availed by Airtel at the time the CUSTOMER signs this Contract. The CUSTOMER will be informed by Airtel through the Airtel website, short text messages, the press or points of sale of various other components relating to review of the Services provided as and when they are availed by Airtel.

3.2 Airtel hereby reserves the right to vary the Terms and Conditions of this Contract at any time..

3.3 Subject to the provisions of this Contract Airtel will provide the CUSTOMER with a SIM Card and take all reasonable steps to make the service available to the CUSTOMER on such terms and date as shall be agreed.

3.4 The CUSTOMER shall not be entitled or have a right to any specific mobile phone number(s) and Airtel reserves the right with justifiable reasons to offer, withdraw and change such mobile phone number(s) as may be allocated upon giving adequate notice to the CUSTOMER.

3.5 The international calling facility and or roaming shall be made available to the CUSTOMER upon request made to Airtel (in writing or any other prescribed mode) by the CUSTOMER and shall be subject to such further or additional terms and conditions as Airtel may impose before availing any of the said facilities.

3.6 The service is not fault free and the quality and availability of the service may be affected by factors outside the control of Airtel including but not limited to local geographic and physical obstruction atmospheric conditions and other causes of radio interference as well as faults in other telecommunication networks to which the network is connected or dependent. The network and the service may also from time to time require upgrading, modification, maintenance or other works that may also result in the service or any part thereof becoming temporarily unavailable.

3.7 On activation, the CUSTOMER will be entitled to the quality of service generally provided by a competent mobile telecommunications service provider exercising reasonable skill and care and pursuant to the applicable requirements under the licence to Airtel.

3.8 Airtel may suspend services or any part thereof without giving the CUSTOMER notice if Airtel has good reason to believe that the CUSTOMER has not complied with one or more of the terms herein.

3.9 Airtel will exercise all reasonable endeavors to maintain the content but the content may be completely out of date or inaccurate and it is provided on an "as is" basis and the CUSTOMER hereby acknowledges that Airtel will not be liable for any action the CUSTOMER takes in reliance on the content.

3.10 Airtel may vary the content or the technical specification of the service from time to time and will advise the CUSTOMER accordingly without creating an obligation to do so.

3.11 The CUSTOMER is solely responsible for evaluating the accuracy and completeness of the content and the value and integrity thereof and accordingly Airtel will not be a party to or in any way responsible for any transaction concerning the content or defects therein.

3.12 Airtel shall only activate the CUSTOMER upon receipt of a completed application form and supporting documents as may be stated in the application form. The CUSTOMER shall inform Airtel in writing of any change in the information provided in the application form or other document.

3.13 The CUSTOMER shall fill the customer registration forms and ensure the same are submitted to Airtel within such reasonable period. The CUSTOMER shall ensure that the information provided in the customer registration forms is comprehensive and accurate.

3.14 The rights relating to the software in the SIM Card are the property of Airtel. The SIM Card is supplied to the CUSTOMER under licence by Airtel for the proper use with the services only. The CUSTOMER may not copy, change or re-engineer the software in any manner whatsoever. Airtel reserves the right at any time to substitute or replace the SIM Card at no cost to the CUSTOMER. Airtel shall take such reasonable measures to ensure that no data is lost during the transfer process.

3.15 In the event of loss, theft or damage of the SIM Card, Airtel shall at the CUSTOMER'S request and after verifying the CUSTOMER'S identity, replace the SIM Card (within such reasonable period as will be communicated to the CUSTOMER). Airtel may require the CUSTOMER to pay such fees as it may determine where the lost or stolen SIM Card is replaced.

3.16 The SIM Card shall be automatically blocked if the wrong PIN Code is entered multiple times which shall be determined by Airtel. If the CUSTOMER is for any reason unable to access the Airtel network because the SIM Card has been deactivated for this reason, Airtel may at the request of the CUSTOMER and after carrying out such investigations as it deems fit reactivate the SIM Card. The SIM Card can be unblocked by calling the Airtel call centre or Show Rooms and Airtel shall be entitled to charge the CUSTOMER such fee as it shall deem fair for unblocking the SIM Card.

3.17 Airtel shall not be liable to the CUSTOMER or any parties dealing with the CUSTOMER for any indirect or consequential loss or damage to them including without limitation any loss or damage arising from business interruption arising from the use of the service, the network or howsoever caused..

3.18 The rights shall remain the property of the respective content providers, software, suppliers or Airtel as the case may be.
 

3.19 The CUSTOMER may in the event of any complaint or dispute with Airtel with regard to the service or network contact the CUSTOMER care department.

 


 

4. THE CUSTOMER'S OBLIGATIONS

The CUSTOMER agrees and covenants:

 

4.1 Not to assign or transfer the service, SIM card or personalized telephone number to any person without the prior written consent of Airtel.

4.2 That the CUSTOMER acknowledges that the SIM card and the rights therein shall at all times remain the inalienable and non-transferable property of Airtel.

4.3 That the CUSTOMER shall at all times be responsible and accountable to Airtel for the correct use and preservation of the SIM card and the PIN code. In the event the CUSTOMER continuously neglects to use the SIM card or the number provided for, a period of 90 days Airtel may suspend the number and re-allocate the number for use by any other CUSTOMER.

4.4 That the CUSTOMER shall at all times remain responsible for confidentiality of any information or data received or transmitted by the CUSTOMER using the network and the CUSTOMER agrees to notify Airtel immediately of any or any suspected unauthorized use of other SIM card or the Services. The CUSTOMER acknowledges that Airtel shall not be liable for any loss the CUSTOMER may incur as a result of the unauthorised use of the service or SIM Card without the CUSTOMER's knowledge.

4.5 That in the event of loss or theft of the SIM card whether or not the SIM card was inserted in a handset at the time of such loss or theft the CUSTOMER shall notify Airtel using the designated telephone number or visit the Airtel outlets requesting that the subscription be suspended or deactivated and shall immediately thereafter confirm the report of loss or theft in writing to Airtel accompanied by an original police abstract to verify the loss or theft.

4.6 That the CUSTOMER shall be fully liable and shall pay Airtel for all calls made using the SIM card whether or not the SIM card has been stolen or lost and the CUSTOMER hereby undertakes to indemnify Airtel in full and hold it blameless for any liability fees costs charges or expenses it may suffer or incur by reason of any fraudulent use of the SIM Card or by reason of the SIM Card being stolen or lost.

4.7 The CUSTOMER shall in the event of loss or theft of the SIM card as aforesaid remain responsible and accountable to Airtel for use of the SIM Card up to and including the date on which the CUSTOMER Account(s) is suspended by Airtel.

4.8 To indemnify Airtel in full for all the charges that Airtel may incur or suffer by reason of re-activating the SIM card arising as a result of any fraudulent claim.

4.9 The CUSTOMER confirms and warrants that the CUSTOMER has capacity to enter into this contract and to perform the CUSTOMER's obligations as herein set out and where this contract is signed by a person other than the CUSTOMER that such person is duly authorised by the CUSTOMER as if it had been signed or executed by the CUSTOMER.

4.10 The CUSTOMER further warrants and confirms that information and particulars of the CUSTOMER given overleaf are true and the CUSTOMER shall notify Airtel immediately in writing of any change therein and the CUSTOMER also undertakes that during the continuation of this contract the CUSTOMER shall provide Airtel with information or documents required by Airtel from time to time.

4.11 The CUSTOMER confirms that the CUSTOMER's liability under the contract shall be joint and several in cases where the CUSTOMER is more than one person.

4.12 The CUSTOMER also confirms that they shall not use the services for any criminal or immoral purposes and shall be solely responsible for any consequences arising from such criminal or immoral use of the services or the network.
 



 

5. Airtel'S OBLIGATIONS

5.1 Airtel undertakes subject to the contract to provide the service to the CUSTOMER.
 

5.2 Airtel shall make available to the CUSTOMER from time to time a coverage map indicating the Covered Area.

 


 

6. CHARGES

6.1 The charges for the service and any variations thereof shall be notified to the CUSTOMER by Airtel or at any points of sale. All amounts charged by Airtel are subject to applicable taxes as provided by the Tanzania laws and regulations.

6.2 Airtel reserves the right to vary any of the charges at any time during the term of this Contract subject to prior notice to the CUSTOMER.

6.3 Where applicable, the charges shall be subject to foreign currency fluctuations.

 


 

7. SUSPENSION OF SERVICES

7.1 Airtel may at any time suspend the services, in whole or in part, on giving notice in the following cases to the CUSTOMER and without incurring any liability whatsoever.

7.1.1 should Airtel be unable to provide the services, in whole or in part, whether due to force majeure or otherwise through no fault of its own; or

7.1.2 should an agreement in terms of which Airtel derives its rights to provide the services, be suspended, cancelled or terminated; or

7.1.3 should such suspension of the service be necessary in order to facilitate any repairs, modification, maintenance, improvement or remedial works in respect of the system; or

7.1.4 should the CUSTOMER fail to comply with this Contract; or

7.1.5 should the CUSTOMER use equipment that infringes or is alleged to infringe on the intellectual property rights of any third party.

 

    1. Should the services be suspended pursuant to 7.1.1 or 7.1.2, Airtel shall use its reasonable endeavours to provide an alternative service to the CUSTOMER, whether through an alternative global network operator or otherwise, all in Airtel's discretion. Should Airtel fail to provide an alternative service within 30 (thirty) days after commencement of the suspension, either party shall be entitled by written notice to the other, to terminate this contract with immediate effect. In such event, the CUSTOMER shall remain accrued up to date of such termination, which charges shall be payable on demand.

7.2 Should the services be suspended by reason of the default of the CUSTOMER, the CUSTOMER shall be liable to Airtel for its then applicable connection charges, payable on cessation of the suspension. Airtel shall with regard to suspend services, restore the service without undue delay once full payment has been received from the CUSTOMER.

 


 

8. TERMINATION

8.1 Either party may terminate this contract at any time by giving sixty (60) days' written notice to that effect provided that if the CUSTOMER terminates this Contract during the Minimum Period he/she/it shall be liable to pay the monthly subscription charges for the outstanding duration of the Minimum Period together with any charges outstanding against the Account and such charges shall constitute a debt recoverable from the CUSTOMER until payment in full.

8.2 Without prejudice to the rights of the parties herein this contract shall terminate automatically if for any reason the Tanzania Communications Regulatory Authority (or any other regulatory body) revokes or cancels Airtel's licence to operate the network.

8.3 If this contract is terminated for any reason (other than the clause 10 herein) during the Minimum Period the CUSTOMER shall be liable to pay to Airtel the following:

8.3.1 All outstanding charges;

8.3.2 Subscription fees debit for the remaining number of months of the minimum period.

8.3.3 All outstanding Value Added Tax statutory charge due and payable during the Minimum Period.

8.4 Airtel shall be entitled to terminate this contract and to disconnect the service or any part thereof without notice of the following situations:

8.4.1 If any of the charges outstanding on any one or more of the CUSTOMER'S Accounts are not paid to Airtel on the following Due Date;

8.4.2 If the CUSTOMER is in breach of the contract;

8.4.3 If Airtel receives written notice of the CUSTOMER's death:

8.4.4 If Airtel has reasonable causes to believe that the service or the Network is being used in a way forbidden by the provision of this contract or unacceptable to Airtel or the Tanzania Communications Regulatory Authority or any other regulatory board even if the CUSTOMER does not know that the service Networks is being used in such a way.

8.4.5 If Airtel has reasonable causes to believe that the CUSTOMER is using the service or Network for purposes or in a manner contrary to any provision of this contract, the laws of Tanzania and/or for the purpose of undertaking annoying or offensive communication.

8.4.6 In the event the CUSTOMER continuously neglects to use the SIM card or the number provided for a period of 90 days.
 

 

8.5 Upon termination of this contract Airtel shall de-activate the phone number allocated to the CUSTOMER and shall be at liberty to re-allocate such phone number to any other person.

 


 

9. FORCE MAJEURE

9.1 Airtel shall not be liable to the CUSTOMER in the event of any disruption of the service or the Network or any part thereof resulting for Force Majeure and Airtel may suspend the service or part thereof in such event.

9.2 Force Majeure for purposes of this contract means any situation or event that makes it impossible for Airtel to perform its obligations and includes but is not limited to any act of God such as lighting, floods, inundation, earthquakes or prohibitive decisions made by the government or local authorities or civil conflicts and industrial strikes as well as any global or partial dysfunction of the Network caused by a disruption or suspension of the telecommunication facilities of Airtel or approved or authorized third parties on whom Airtel is dependent for provision of the Services.

9.3 If the service or any part thereof is suspended by reason of Force Majeure for a period more than thirty (30) days and affects the commercial intention of this contract the affected party shall be entitled to terminate this contract forthwith upon written notice.

 

In any such event the CUSTOMER shall not be liable to pay to Airtel the monthly subscription fees for the period commencing from the date the notice of termination is received by Airtel to the expiry of the contract.

 


 

10. GOVERNING LAW AND DISPUTE SETTLEMENT

10.1 This Contract shall be governed in all respects in accordance with the laws of Tanzania.

 

10.2 Any dispute that is not resolved amicably between the company and the subscriber shall be referred to the commission for resolution pursuant to the regulations. In the event of any dispute, all records provided by Airtel shall be treated as conclusive evidence of the matter in issue.

 


 

11. SEVERABILITY

If any provision of this Contract is or becomes illegal, invalid or unenforceable, that provision shall be ineffective to the extent of that invalidity or unenforceability only, without in any way affecting the validity or enforceability of the remaining parts of the said provision or the remaining provisions of this Contract.

 


 

12. CONFIDENTIALITY

12.1 Each party undertakes to keep confidential all information agreed by the parties as being confidential as well as any information disclosed in the course of use of the Services and that either party shall use such information only to the extent necessary to perform the obligations in terms of these terms or as may be required by law.

12.2 The confidentiality of the CUSTOMER's communications via Airtel network is not guaranteed. The CUSTOMER is advised that for reasons beyond Airtel's control, there is a risk that his/her/its communications may be unlawfully intercepted or accessed by persons other than the intended recipient. Airtel will not accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality;

12.3 The CUSTOMER accepts and confirms that Airtel may disclose and/or receive and/or record any details of his/her/its use of the Services including but not limited to calls, emails, SMS, data, personal information or documents for the purposes below:

  1. fraud prevention and law enforcement;
  2. use in Airtel's telephone directory enquiry service in printed or electronic format;
  3. to comply with any legal, governmental or regulatory requirement or an order of a court of law;
  4. for use by Airtel's lawyers in connection with any legal proceedings;
  5. in business practices including but not limited to quality control, training, audit and ensuring effective systems.
  6. Traffic volumes and other statistical data will be used for reasonable commercial purposes connected to the CUSTOMER's use of the mobile service, such as marketing and research related activities;

The disclosure and records under this provision will be done in respect of any privacy rule applicable in Tanzania.

 

12.4 The CUSTOMER may upon giving adequate prior written notice and paying the requisite fee to Airtel inspect his/her/its own account details.