Pay As You Go T’s & C’s
1. Important Notices
This Agreement contains the Terms and Conditions on which Eswatini Mobile Ltd provides
telecommunication services to you, our valued Customer.
1.1 This Agreement replaces all prior Terms and Conditions previously agreed between
you and Eswatini Mobile that relate to the same subject matter as this Agreement.
1.2 These terms and conditions are applicable to PAYG Customers only. Eswatini
Mobile reserves the right to alter or withdraw any deals advertised without notice. For
more details ask in store or visit www.eswatinimobile.com
2. Definitions
2.1 In this Agreement, certain words and phrases appearing in Title Case are given
particular meanings. These words and phrases and the meanings they are intended to
have are recorded below –
2.1.1 “Activation Date” shall mean the date of the activation of the SIM card on the
Network;
2.1.2 “Agreement” shall mean these terms and conditions.
2.1.3 “Business day” shall mean any day other than a Saturday, Sunday or official
holiday.
2.1.4 “Call Charge” shall mean the amount of money charged to you for a specified
amount of call time or use of Eswatini Mobile’s data services (such as internet
browsing or content downloads) as set out in the Tariff plan from time to time;
2.1.5 “Cellphone Number” shall mean the number allocated to you for the purposes
of making use of the Services, also known as the Mobile Station Integrated
Services Digital Network Number;
2.1.6 “Customer” shall mean the natural or juristic person entering into this
Agreement with Eswatini Mobile;
2.1.7 “Devices” means any mobile, transportable or portable cellular mobile
terminal, handset, laptop, computer, modem or other Devices which is
approved by the Regulatory Authority and which is capable of connection by
radio interface to the Network;
2.1.8 “Network” shall mean the public mobile telecommunications system operated
and made available by Eswatini Mobile Ltd
2.1.9 “Pre-paid Account” shall mean Pay as you go (PAYG);
2.1.10 “Parties” shall mean Eswatini Mobile Limited and a Customer.
2.1.11 “Regulatory Authority” shall mean the Eswatini Communications
Communication (ESCCOM) or any similar authority that is established
in the future to perform or take over the functions of ESCCOM.
2.1.12 “The services” shall mean:
2.1.12.1 The cellular telecommunications service
provided by means of the Network as well as such
other additional related services or equipment;
2.1.13 “SIM card” shall mean the Subscriber Identity Module Card allocated
to you to enable you to gain access to the Network by using the SIM
card in the Devices;
2.1.14 “Esim” shall mean a digital SIM that allows you to gain access to the
Network without having to use a physical SIM.
2.1.15 “Eswatini Mobile” shall mean Eswatini Mobile Ltd with whom you have
entered into this Agreement for the provision of the Services;
2.1.16 “Tariff” shall mean the tariff of charges and fees (monetary amounts)
payable by you to Eswatini Mobile in respect of the Services, as
published by Eswatini Mobile from time to time.
2.1.17 “Top Up” shall mean the loading of airtime;
3. Provision of the Services
3.1 Subject to the terms and conditions set out in this Agreement, Eswatini Mobile shall
activate the SIM card and maintain the availability of the Services to you throughout
the duration of this Agreement.
3.2 The service quality and coverage available to you shall be limited to that provided by
the Network in accordance with the requirements of the Electronic Communications
Act, No. 9 of 2013 or as amended) and any Regulatory Authority requirements. The
Services may, from time to time, be adversely affected by physical features such as
buildings and underpass, as well as atmospheric conditions and other causes of
interference.
4. Commencement and termination
4.1 This Agreement will start on the Activation Date and, subject to the terms and
conditions of this Agreement shall continue indefinitely.
4.2 Despite clause 4.1, the Customer will be deemed to have terminated this Agreement
by not using the services for a period of 90 days. Eswatini Mobile also reserves the
right to terminate this agreement. Eswatini Mobile may terminate this agreement if
the Regulator or any other law enforcement agencies deems it proper to do so.
5. Provision of the Services
5.1 In order to receive your new Cellphone number and activate your SIM Card found in
your Starter Pack, you must register your SIM Card, in terms of the provisions of
Eswatini Communications Commission (Subscriber Registration Regulations, 2016).
5.2 Once your SIM Card has been VELA’d, insert your SIM into your Cellphone and
you will be connected to our Service.
5.3 Subject to these terms and conditions, Eswatini Mobile shall activate the SIM card
and maintain the availability of the Services to you whilst your SIM Card is active on
the Network.
6. Value-Added Services
You acknowledge and agree that should you subscribe to any Value-Added Services, the
provision of such Value-Added Services by Eswatini Mobile will be subject to Eswatini
Mobile’s standard terms and conditions applicable to those services from time to time
with which you undertake to make yourself familiar with.
7. Disclosure of Information
7.1 You consent that Eswatini Mobile may, to the extent permitted by law, receive or
disclose your personal information.
7.2 Despite any part of these terms and conditions that may indicate otherwise, Eswatini
Mobile shall be entitled to utilize your detailed call records for any lawful purpose
including but not limited to tracing and/or collection purposes.
8. Your Acknowledgement
You acknowledge and agree that –
8.1 The service quality and coverage available to you shall be limited to that provided
by the Network in accordance with the requirements of the Electronic
Communications Act, (or as amended) and the Regulatory Authority
requirements. The Services may, from time to time, be adversely affected by
physical features such as buildings and underpass, as well as atmospheric
conditions and other causes of interference; and
8.2 to the extent permitted by law, Eswatini Mobile shall not be liable for non-availability of the Services.
9 Liability
9.1 You indemnify and hold Eswatini Mobile and each company connected to Eswatini
Mobile harmless against any expense, loss, claim, harm or damage brought against,
suffered or sustained by you or any third party, which arises directly or indirectly out
of a breach of these terms and conditions by you or by your use of the Services and/or
the Apparatus, other than in respect of losses caused by the gross negligence or
intentional misconduct of Eswatini Mobile or any company connected to Eswatini
Mobile or any of their respective employees, directors or agents.
9.2 Without affecting the generality of 9.1 above, Eswatini Mobile shall not be liable to
you for any breach of these terms and condition or failure on Eswatini Mobile’s part to
perform any obligations as a result of technical problems relating to the Network,
termination of any licence to operate or use the Network, act of God, government
control, restrictions or prohibitions or other government act or omission, whether local
or national, act of default of any supplier, agent or sub-contractor, industrial disputes
or any other cause beyond the control of Eswatini Mobile.
10 Your Undertakings
You shall –
10.1 Comply with all instructions issued by Eswatini Mobile which concern your use
of the services, the Apparatus or related matters;
10.2 Not be entitled to commercially exploit the services in any manner whatsoever
without Eswatini Mobile’s prior written consent, including without limitation, the
provision of telephony services to third parties;
10.3Provide Eswatini Mobile with all such necessary information as Eswatini Mobile
may, in its sole discretion, reasonably and lawfully require;
11 Suspension/Disconnection
11.2 Eswatini Mobile may from time to time, by giving you advance notice where
reasonably practicable and dependent on the circumstances, suspend the Services or
disconnect your Cellphone Number from the Network for a period to be determined
by Eswatini Mobile, in any one of the following circumstances –
11.2.1 if the Service has not been used by you for a period in excess of 90 days
(three months).
11.2.2 during any technical failure, modification or maintenance of the
Network;
11.2.3 if you fail to comply with any of these terms and conditions;
11.2.4 if so directed by the Regulatory Authority; or
11.2.5 in any other instance specifically provided for in these terms and
conditions.
11.3 Having regard to the circumstances at the time of suspension, disconnection or
reconnection, as the case may be, Eswatini Mobile shall be entitled to levy a
reasonable fee in respect of such suspension, disconnection and/or any
reconnection.
12 Communication
You hereby consent to the dispatch or transmission by Eswatini Mobile of all and any
necessary communications in terms of the Electronic Communications and Act or
subsequently enacted and relevant legislation. You are entitled to inform Eswatini Mobile
if you do not wish to receive any communications for purposes of direct marketing and in
this instance, Eswatini Mobile will desist from circulating any further such material to you.
13 Disputes
Any dispute relating to Eswatini Mobile Network may be referred to the ESCCOM for
determination.
14 Lost or Stolen SIM Cards or Cellphones
14.2You are responsible for the safekeeping of your SIM Card and Cellphone or
Apparatus.
14.3You must notify us immediately if you realise your SIM Card, Cellphone or
Apparatus has been lost or stolen.
14.4You must also, within 24 (twenty-four) hours of you realising that your SIM Card,
Cellphone and/or Apparatus has been lost or stolen, report this to the Royal Eswatini
Police Services.
15 Password and/or One Time PIN
If you have a password or One Time PIN (OTP) sent to your SIM Card or stored on your
Cellphone or Apparatus, you undertake to keep it secure and undertake that no other
person shall use the Service utilising your password or OTP, and you acknowledge
further that you are responsible for ensuring that no unauthorized access to the password
or OTP is obtained, and that you will be liable for all such activities conducted pursuant
to such use, whether authorised or not.
16 Governing Law
These terms and conditions will be governed by and construed in accordance with the laws
of Eswatini. All disputes between the parties as to the validity, execution, performance,
interpretation or termination of this Contract will be submitted to the jurisdiction of the
Magistrate Courts of Swaziland.
17 General
17.1 These terms and conditions are severable, in that if any provision is determined
to be illegal or unenforceable by any court of competent jurisdiction, then such
provision shall be deemed to have been deleted without affecting the remaining
provisions of the terms and conditions.
17.2 Our failure to exercise any particular rights or provision of these terms and
conditions shall not constitute a waiver of such right or provision, unless
acknowledged and agreed to by us in writing.
17.3 Any amended terms and conditions published in any media, or on the Eswatini
Mobile website www.eswatinimobile.com will form part of the terms and
conditions of the Service, to which terms you agree to be bound