Terms and Conditions for Using MTN Blackberry Plan

BlackBerry Complete:

  • All prices shown include VAT, unless otherwise stated.
  • All standard Terms and Conditions of MTN and MTN Service Provider apply.
  • To successfully use the BIS Complete service, you must be a new or existing MTN Prepaid or Postpaid customer with a smartphone that supports BlackBerry.
  • The BlackBerry Complete Service will cost N1000.00 (incl. VAT) for a 30 day subscription and N499.00 (incl. VAT) for a 7 day subscription. This is an upfront cost.
  • To activate the Blackberry Complete service, you must have enough airtime balance. When a customer’s subscription fails due to insufficient airtime balance, the BlackBerry service will be de-provisioned.
  • The Blackberry Complete plan will allow customer access to the following:
  • Create and use only one (1) BlackBerry email address (i.e. username@mtnnigeria.blackberry.com).
  • Integrate and use only one (1) third party email account.
  • Access Social Networking Services.
  • Access Instant Messaging Services.
  • Access the BlackBerry Messenger Instant Messaging Service.

Commencement of this Contract

This Contract shall commence upon the sending of the activation keyword requesting for the service by a customer, and receipt of payment for use of the Service by MTN.


Definitions and Interpretation

For the purpose of these terms "We", "Us" and "Our" means MTN NIGERIA COMMUNICATIONS LIMITED. "You", or "Your" refers to you, the customer and user of the MTN Back-up service provided by MTN.


Provision of the Service

The provision of the Service is subject to the terms stated herein.

  • We do not guarantee that the Service or the platform on which the Service is being provided shall not be faulty to be limited or hindered by Force Majeure events, but we will endeavour to make every effort to correct reported faults as soon as it is reasonably practicable.
  • Subject to limitations listed herein and in the general terms and conditions for accessing MTN services, the Service is available within the periods stated with each service plan and as is chosen by the customer.  Except:
  • in the event of scheduled planned maintenance, in which case the Service may not be available at the times advertised; or
  • in the event of unplanned or emergency maintenance to be carried out on the MTN Blackberry Service System,  and/or the MTN network; or
  • in the event of force majeure events and any other circumstances beyond our reasonable control.

MTN reserves the right to:

  • make changes to the operational and/or technical specifications of the Service from time to time;
  • Give you instructions that we believe are necessary for health or safety, or for the quality of the Service that we provide to you or the Participants which you hereby agree to ensure are duly observed.

Charges for the Service

The applicable rates for using the Service shall be communicated to you at the time of providing BlackBerry Services by MTN. Costs for service will be as covering a specified subscription period. This is an upfront cost.

MTN reserves the right to make changes to the Rates for the Service from time to time.

Subject to the provisions of Clause 1 above, you shall be entitled to use the Service for the period reserved and you hereby agree that you shall not be eligible for or entitled to a refund, in the event that the period reserved is not fully utilized by you.

The Blackberry Subscription service is provided by MTN to its subscribers for convenience purposes only.

Software downloads effected by subscribers are done at the subscribers’ own risk, so MTN gives no guarantees in this regard.

MTN shall not be held responsible for any loss or damage of any kind (including loss of information or data) whatsoever suffered or incurred by any subscriber or any third party as a result of the subscriber downloading the software and the subscriber indemnifies MTN against any such claim.


Use of the Service

  • All prices shown include VAT, unless otherwise stated.
  • All standard Terms and Conditions of MTN and MTN Service Provider apply.
  • To successfully use the various available service plans, you must be a new or existing MTN Prepaid, ePostpaid or postpaid customer with a cell phone or Smartphone that supports BlackBerry.
  • BlackBerry will be made available to any Prepaid, ePostpaid or postpaid service plan but will exclude all community payphone, USO and USAL PayAsYouGo price plans.
  • To activate any of the service plans, you must have enough airtime balance. When a customer’s subscription fails due to insufficient airtime balance, the BlackBerry service will be de-provisioned.
  • A customer cannot activate two Blackberry plans simultaneously on the same SIM. You are allowed to switch from one service plan to another but only after the current plan has expired.
  • The system will notify the customer of service expiration 24 hours before the expiry date, prompting him totext NO to 21600 to cancel subscription or take no action for auto renewal.
  • To renew your service plan, text ‘Yes’ to 21600 or take no action when prompted for auto renewal. To cancel your subscription, text ‘NO’ to 21600.
  • All customers on the various class must use the IVR, USSD, SMS  applications to activate or deactivate or get the service renewal date for Blackberry services
  • Prepaid ePostpaid and postpaid customers can change between the BIS and BES services. However only one service can be activated at any given point.
  • The BIS and BES Service will enable subscribers to send and receive unlimited emails and access the internet on the BlackBerry device for one week or one month period as the case maybe without incurring any data charges.
  • BlackBerry data traffic must be generated through the blackberry.net APN to be zero-rated and avoid additional data costs to the customer.
  • Streaming live data such as audio and video streaming will not be allowed on the blackberry.net APN and the customer may incur additional data charges.
  • The BlackBerry mailbox size is unlimited, but mail will be automatically deleted after 30 days.
  • Data usage for Internet browsing using the BlackBerry Internet browser is unlimited (fair usage policy applies)when using browsing on-device and is included in the monthly BlackBerry subscription. When using BlackBerry device as a tethered modem, you will have to use the Internet APN (Access Point Name) and you will be charged in addition to the BIS subscription fee.
  • Prepaid, ePostpaid and postpaid customers using the BlackBerry service while roaming will incur additional data charges in addition to the BIS subscription fee.  
  • *Dual Call is not allowed on MTN BlackBerry.

Further terms of Service

  • You agree that you are solely responsible for the content of all visual, written or audible communications sent by you while using MTN Blackberry Service.
  • You further agree not to use the Service to communicate any message or material that is offensive, illegal, seditious, abusive, menacing, harassing, libellous, threatening, obscene, indecent, that can violate or is capable of violating the intellectual property rights or trademarks of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation.
  • Without prejudice to your sole liability for the message or material referred to in ‘2’, MTN reserves the right to terminate any such communications of which we become aware, at any time without notice to you. We also reserve the right to disclose details of communications during the Session to law enforcement agencies and regulatory authorities.

Limitation of Liability

  • We do not recommend use of the Service where the risk of non-availability carries a material risk. Accordingly you may only use the Service if you accept that all such risk is yours and you shall take steps to insure yourself against such risks.
  • MTN shall not be responsible for any damages arising out of use of the Service, including for any damages from device loss, theft or damage; injury to any persons; or the functionality of the MTN Blackberry Service System, unless the damages are solely due to gross negligence on Our part.
  • To the extent that MTN has any liability hereunder; you acknowledge and agree that our total liability under this Contract shall be limited to the amount paid for the Service. Without limiting the foregoing, any statutory limitations of liability available to either party shall apply.
  • To the extent allowed by law We disclaim all liability for the use of the Service, in particular:
  • Any liability we may be adjudged as having incurred shall be limited to the rate paid for the Service.
  • MTN shall not be liable for any unauthorized use or misuse of the Service by You or anyone else.
  • MTN shall not be liable either to You or any other for any consequential or indirect loss or loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings You expected to make, wasted expense, financial loss or data being lost or harmed.
  • Matters beyond our reasonable control including but not limited to; lightning, flood, or exceptionally severe weather, fire or explosion, sabotage, fibre cut, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority, or industrial disputes of any kind, (including those involving our employees). MTN shall not be liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of third party partners involved in the provision of the Service, other service providers of telecommunication services or for faults in or failures of their networks and equipment.

Each part of this Contract that excludes or limits our liability shall operate separately. If any part is disallowed or is not effective, the other parts shall continue to apply.


Termination/ Suspension of Service/ Contract

  • MTN reserves the right to suspend or terminate the Service and this contract for a breach of any of the provisions in this Contract without notice and You hereby agree that You shall indemnify MTN for any loss or damages suffered by MTN or any third party claim made against MTN for Your breach of the provision stated herein or in any other section of this ‘Terms and Conditions’. Upon MTN’s termination of this Contract, You shall cease any further use of the Services:
  • If You are in breach of this Contract and/or We believe that the Service is being misused as stated above or under any relevant law or regulation, this right shall be exercised by MTN, at MTN’s discretion, per se, once it occurs and shall not be defeated by reason that the Service was being misused without Your knowledge or consent. You shall be informed of such suspension or termination as soon as reasonably possible. upon reasonable notice if you breach this Contract and fail to remedy the breach within a reasonable period of being asked to do so.
  • The performance of this Contract is subject to termination without liability upon the occurrence of any circumstance beyond the control of either party to the extent that such circumstance makes it illegal or impossible for Us to provide, or for groups in general to use, the Service, including failure of the MTN Blackberry Service System to function.

Variation

  • MTN reserves the right to make changes to these Terms and Conditions stated herein from time to time.
  • Notwithstanding the foregoing, you agree that MTN may make changes to the Terms and Conditions applicable to Your Blackberry service to the extent that such change is required by law or government authority.
  • You cannot transfer your rights, benefits or obligations under this Contract or any part of it to a third party.

Third Party Rights

A person who is not a party to this Contract, has no right to enforce any term of this Contract.


Prevailing Law

The Terms and Conditions are governed by Nigerian Law and such regulatory policies as may be published by relevant law enforcement and or regulatory agencies.


MTN Terms and Conditions

All other general user terms and conditions as published on the MTN website (www.mtnonline.com) shall apply.


 

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