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SUBSCRIBER AGREEMENT

These Terms & Conditions form the entire Agreement between the Subscriber and Emerging Markets Telecommunication Services Limited (EMTS).

1.	DEFINITIONS & MEANINGS

	1.1	“Agreement” means the legally binding agreement between the Subscriber and EMTS made up from the Subscriber Agreement Form, these Terms & Conditions and Supplement Conditions (if any).
	1.2	“Call Costs” means the cost of calling the Subscribers Telephone Number(s). “Charges” means the Price, the Connection Charge, the Service Charge, the Call Costs and any other sums which the Subscriber must pay under this Agreement.
	1.3	“Connection Charge” means the amount the Subscriber must pay for having a Telephone Number connected to the Network.
	1.4	“EMTS” means Emerging Markets Telecommunication Services Limited
	1.5	“Network” means the public telecommunications system run by the Network Operator and used by EMTS to provide the services.
	1.6	“Network Operator” means the organisation running the network.
	1.7	“Password” means any code, word or number unique to the Subscriber allocated for the purpose of identifying a Subscriber, including but not limited to any personal identification number
	1.8	“Price” means the price a Subscriber must pay for the service as specified in the Subscriber Agreement Form.
	1.9	“Services” means all telecommunications services, internet services and any other services to be supplied by EMTS under this Agreement as specified in the Subscriber Agreement Form or otherwise agreed by the parties from time to time.
	1.10	“Service Charge” means the amount the Subscriber must pay at regular intervals for access to the Service(s) as specified in the Subscriber Agreement Form.
	1.11	“Service Provider” means any third party used by EMTS to provide the Service(s) but excluding a Network Operator.
	1.12	“Subscriber” means the person, firm or corporation specified in the Subscriber Agreement Form.
	1.13	“Subscriber Agreement Form” means the form specifying the Service to be provided to the Subscriber by EMTS.
	1.14	“Supplemental Conditions” means any further conditions or limitations to the use of the Service(s) contained in any information brochure or other document issued by EMTS.
	1.15	“Telephone Number” means any telephone number(s) allocated to the Subscriber under this Agreement.

2.	DURATION
	This Agreement shall commence on the date specified in the Subscriber Agreement Form and shall continue (subject to the termination provisions set out for a below for a minimum period of twelve months in the first instance and thereafter indefinitely until terminated by written notice by the Subscriber or by EMTS in accordance with the provisions hereunder.

3.	PROVISION OF SERVICES
	3.1	Notwithstanding any thing to the contrary in these Terms and Conditions, Etisalat shall have no liability for any direct, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to Etisalat Website and Etisalat Online Services, even if Etisalat has been advised of the possibility of such loss. If a Customer/User is not satisfied with any portion of Etisalat Website, Service or Products or any of these Terms & Conditions, that Customer's/User’s sole and exclusive remedy is to discontinue using Etisalat Website.
	3.2	It is technically impracticable to provide a fault free Service and EMTS does not undertake to do so. EMTS shall however use reasonable endeavors to provide reliable Services.
	3.3	Requests made to EMTS relating to the provision of Service are, unless otherwise agreed, to be made or confirmed in writing.
	3.4	Any date proposed by EMTS for the provision of Service or a facility is to be treated as an estimate only and EMTS accepts no liability for failure to meet it.
	3.5	EMTS will endeavor to provide the specific Telephone Number requested and to connect the Telephone Number to the Network but cannot guarantee it will be possible to do so and does not warrant or represent that it can do so. In the event that EMTS allocates a required number to Subscriber, Subscriber will have no goodwill or other right in a number allocated to it by EMTS except for the sole purpose of using the Service in accordance with this Agreement. Subscriber cannot sell or agree to transfer the telephone number to anyone else. Subscriber must not apply for the registration of the numbers as trademarks, whether on their own or together with any word or mark. EMTS may withdraw or change any telephone number issued to you for commercial, operational or technical reasons or compliance with any regulatory requirement and in this case EMTS will give Subscriber reasonable notice of such change.
	3.6	Requests for additional Services to be installed will be carried out as soon as reasonably practicable provided the requested service is available for provision by EMTS.
	3.7	EMTS may transfer all its rights and obligations under this Agreement.

4.	SIM CARD
	4.1	EMTS will provide the Subscriber with one Subscriber Identification Module Card or if applicable a Universal Subscriber Identification Module Card, referred to as SIM Card in these terms and conditions. The SIM Card shall remain the property of EMTS at all times and EMTS hereby grants only the right to use same for the purposes of the Service. Risk passes to Subscriber immediately upon receipt of the SIM Card by Subscriber. Subscriber must not change or transfer the ownership of the SIM Card without the prior written approval of EMTS. EMTS will replace a defective SIM Card at no cost to the Subscriber if the defect is proven to EMTS satisfaction to have been caused by the manufacturer or supplier and provided that the SIM Card is returned within 14 days from the date Service was activated. Subscriber must take all necessary precautions to prevent the loss or theft of the SIM Card.

5.	VALUE ADDED SERVICES
	5.1	EMTS will provide the Value Added Services applied for by the Subscriber; the Subscribers ability to access and use information via our VAS will depend on the features and functionality of the Subscribers mobile terminal equipment and the nature and quality of the information being accessed. EMTS does not represent, warrant or guarantee the extent to which the Subscribers mobile terminal equipment will be able to access information via our VAS or other services provided by us. EMTS reserves the right to withdraw this service without notice and shall not be liable to the Subscriber for any losses or damages for such withdrawal.

6.	CHARGES AND PAYMENTS
	6.1	The Subscriber acknowledges that by signing this Agreement it is aware of and has agreed to be bound by all the terms of this agreement and to effect payment to EMTS of the Charges, VAT inclusive and (where applicable) all of the Call Costs.
	6.2	All Charges unless otherwise stated are exclusive of VAT which shall be borne and paid by the Subscriber.
	6.3	All charges shall be paid by direct debit free of exchange or bank charges; should the Subscriber choose to pay for the services by a means other than Direct Debit EMTS reserves the right to charge an additional manual billing fee provided EMTS gives the Subscriber notice of such charge. Subscriber shall not for any reason withhold payment of any Charges.
	6.4	For the purpose of calculating call charges payable by the Subscriber, the duration of each call as recorded and registered on the applicable metering system used by EMTS shall be final and binding on the Subscriber.
	6.5	EMTS may at any time by written notice request Subscriber to furnish such security as EMTS may deem appropriate for the payment of charges and any failure by Subscriber to furnish such security to EMTS within 30 days of receipt of notice shall be deemed to be a material breach of this Agreement.
	6.6	EMTS shall be entitled in its sole and absolute discretion determine the charges applicable for Service and to vary such Charges and Service from time to time and any change therein and such change shall operate as a variation of this Agreement accordingly.
	6.7	Subscriber shall on demand pay all expenses incurred by EMTS either on behalf of the Subscriber or as a result of the Subscriber’s failure to comply with any provision of this Agreement including legal costs and other costs incurred by EMTS.
	6.8	The Subscriber undertakes that it shall on the commencement date pay to EMTS the deposit specified on the subscriber application form. EMTS shall be entitled at its sole discretion determine the amount of deposit required by it;
	6.9	The deposit shall be retained by EMTS until the termination of this Agreement free of any interest thereon as security for payment of all amounts for which the Subscriber shall be liable in terms of this Agreement. EMTS shall have the right to appropriate all or part of the deposit upon termination of this Agreement towards the payment of any amounts owing in terms of this Agreement.
	6.10	Subject to Clause 6.9 EMTS will refund the deposit to the Subscriber on the balance (if any) within fourteen days of termination of this Agreement.

SUBSCRIBER RESPONSIBILITIES

7.1

The Subscriber shall not use the Services or permit the Services to be used:

a.	For any improper, immoral, fraudulent or unlawful purpose;
b.	For the transmission of any material which is defamatory, offensive, abusive, obscene or menacing in character;
c.	In a manner which infringes the rights of any third party;
d.	In a manner which may injure or damage any person or property or cause the quality of the Services to be impaired.

7.2

The Subscriber shall not obtain or attempt to obtain the Services by any device with intent to avoid payment.

7.3

Subscriber must keep secure and use all security passwords. Failure to do so may result in denial to private account details. including access to the billing website.

7.4

The Subscriber shall comply with all reasonable instructions issued by EMTS from time to time in relation to the Services.

7.5

As a Subscriber you must:

a.	obtain your own mobile terminal equipment which is compatible with our communications system in order to use our Services. In order to use services provided by us in the future, the Subscriber may need to upgrade the Subscribers mobile terminal equipment at the Subscribers own cost.
b.	ensure that any such equipment and/or services conform at all times with all applicable laws and regulations.

7.6

The Subscriber must immediately give EMTS written notice if it changes its name or address or if there is any change to the details or conditions of the direct debit or payment account by which the Subscriber pays the Charges.

7.7

If the entity identified in the subscriber application form is an entity with a juristic personality, then the signatory who signs on behalf of the Subscriber warrants that he is duly authorized to enter into this agreement and sign the debit authorization on the subscriber’s bank account. By signature the signatory binds the Subscriber unto and in favour of EMTS for the punctual fulfillment of the subscriber’s obligation including the payment of Charges, fees, penalties and liquidated damages.

8.	CREDIT LIMIT & LATE PAYMENT
	8.1	EMTS may but shall not be obliged to apply a credit limit for all Charges incurred under your account and any of your supplementary lines including amounts to be billed and any amounts in dispute, and we reserve the right to revise that credit limit from time to time at our sole discretion. We will endeavor to send a notice or message to your mobile terminal equipment (e.g. a voice message or SMS notifying you of your account status or if charges on your account exceed the credit limit and such notice is deemed to be received when sent; save and except where the fault or delay is clearly attributable to circumstances within our reasonable control. EMTS may suspend or disconnect the Services unless you make full payment of amounts due in respect of bills which have been sent.
	8.2	The Subscriber may elect to have a maximum call limit in respect of Subscriber’s monthly charges loaded on the Subscriber’s account in advance. EMTS may discontinue Service where the credit limit is reached.

SUSPENSION &TERMINATION

9.1

EMTS may cancel this Agreement at any time before the Services are activated.

9.2

If the Agreement is cancelled under this clause EMTS will repay the Charges to the Subscriber.

9.3

EMTS may suspend the Service in whole or in part or disconnect the Telephone Numbers at any time (without being liable to compensate the Subscriber in any way) if: the Network or any part of it breaks down or requires modification or maintenance, or if any third party providing the Services to EMTS for any reason fails or is unable to or is unwilling to continue to (for any reason) provide the Service(s), or if the Subscriber is in breach of the terms of this Agreement, or any other agreement with EMTS or exceeds (or is reasonably believed by EMTS to have exceeded) any financial limit imposed under this Agreement, or the Subscriber acts in such a way that in the reasonable opinion of EMTS, the operation of the Services or any part of the Network may be jeopardised or impaired.

9.4

EMTS may suspend the provision of the service:

a.	If the Subscriber fails to comply with any of these terms and conditions.
b.	If the Subscriber fails to pay any sum due to EMTS by the due date (under this Agreement or otherwise) or a direct debit Instruction is cancelled or refused.
c.	If the Subscriber exceeds any monthly financial limit imposed by EMTS.
d.	If EMTS or the Network Operator or the Service Provider suspects that the Services are being used illegally or for an illegal purpose.
e.	If EMTS cannot make contact with the Subscriber through the address or telephone number provided for the maintenance or repair of the Network.

9.5

The Subscriber continues to be liable for outstanding charges during the period of suspension

9.6

EMTS reserves the right to charge N…. for each reconnection of lines in circumstances where a line has been disconnected due to non or late payment of services provided.

9.7

Any Subscriber wishing to cancel their Agreement with EMTS must give one months written notice. A charge for the remaining service charge / broadband will be incurred to cancel the Agreement at any time during the contract period. This charge will be added to the Subscribers final bill and be subject to the normal terms and conditions relating to payment.
Any Subscriber who re-signs to EMTS no later than three months before the anniversary date of the Agreement after canceling their Agreement will not have to pay any Connection Charges in respect of the entire Agreement; In respect of one or more of the services no later than three months before the anniversary date of the Agreement. 9.8EMTS may terminate any of the Service(s) by giving at least 7 days notice to the Subscriber. If the Subscriber wishes to terminate the Agreement once signed, the Subscriber remains liable for any recurring charges including any equipment hired charges for the remainder of the contract.

10.

LIMITATION OF LIABILITY / INDEMNITY

The Subscriber agrees to indemnify EMTS against all liabilities, claims, damages, losses, expenses and proceedings arising from or in any way connected with any breach of this Agreement by the Subscriber. This condition will survive termination of this Agreement.

11.

EMTS’s LIABILITY

EMTS shall not be liable for any loss, damage or injury to the Subscriber whatsoever direct or indirect, consequential or contingent and whether foreseeable or not. Without limiting the foregoing EMTS shall not be liable for any financial loss of business, profit, savings, revenues, use or goodwill. All other statutory, express implied or collateral terms and conditions or warranties are negated and excluded to the fullest extent permitted by law.

PROMOTIONS

If your subscription is made pursuant to a promotional package, you agree to be subject to all additional terms and conditions applicable to that promotion which shall be read as supplementary to this Agreement. We expressly reserve the right to withdraw any promotional package at any time without liability to you in any way.
The additional terms and conditions applicable to all EMTS promotions shall include the followings:

A.	that the results of the promotion were free and fair and the Prize was accepted willingly by me and in good faith;
B.	that Etisalat Nigeria may use all information provided by me for promotional purposes without further recourse to me;
C.	that I shall participate in all publicity as required by Etisalat Nigeria;
D.	I affirm that the Prize was received in good condition and complies with the make, quality and descriptions as advertised by Etisalat Nigeria in the promotional advertisements;
E.	that I accept the Prize “as is” and consequently Etisalat Nigeria shall not be responsible in any way for the Prize after I have accepted and received it. In this wise, Etisalat Nigeria shall not repair, replace, service or be liable in any way for the Prize after it shall has been received and taken away by me;
F.	that in furtherance to clause E above, I undertake that the Prize represents Etisalat Nigeria’s total obligations to me under the Prize draw / promotion and consequently, Etisalat Nigeria is not liable or responsible for any other services associated with this Prize;
G.	that Etisalat Nigeria shall not be responsible for ensuring that the Prize leaves the venue of the Prize draw / promotion safely with me;
H.	that I hereby exempt Etisalat Nigeria from any liability arising from the ownership of this Prize;
I.	that the results of the Prize draw / promotion may be published in any national daily and I accept that my name and photograph and such other details as Etisalat Nigeria may deem necessary can and may be published for promotional purposes;
J.	that I shall not make any claims on Etisalat Nigeria for any erroneous information published by Etisalat Nigeria in connection regarding my person or the Prize;
K.	that I release and discharge Etisalat Nigeria, its officers, agents and employees absolutely from all claims, costs, expenses, demands, liabilities of any kind whatsoever at LAW and EQUITY, which I may have against Etisalat Nigeria as a result of or arising from any matter relating to the Prize draw / promotion in general and the Prize in particular or anything done or omitted to be done by Etisalat Nigeria, its officers, agents and employees with regard to the Prize draw / promotion and the Prize.

13.

FRAUDULENT USE/LOST OR STOLEN EQUIPMENT

You must immediately notify our Customer Service and report to the police any loss, fraud, suspected fraud, dishonest use or theft of your mobile equipment or SIM Card. You will be liable for all charges of the lost or stolen or fraudulent use of the Services until we receive notification from you for disconnection of our Services. Replacement of lost or stolen SIM Card will be at an additional cost. If you recover lost or stolen equipment, we are able to reconnect our Services upon you paying all outstanding charges and a reconnection fee as applicable.

14.	REGULATORY
	14.1	EMTS may also vary the terms and conditions of this Agreement if new legislations, statutory instruments or other governmental regulations or licenses make it necessary and EMTS will not be held responsible or liable for any subsequent prefix or other numbering charges imposed by NCC or any other regulatory body.
	14.2	This Agreement shall be governed construed and shall take effect in accordance with the laws of Nigeria. It shall be subject to the jurisdiction of the Nigerian Courts. The invalidity, unenforceability or illegality of any part of this Agreement shall not affect the validity or continuation in force of the remainder of this Agreement.
	14.3	EMTS shall not be liable in respect of any breach of these terms and conditions due to any cause beyond its reasonable including but not limited to an Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom EMTS is not responsible.

15.	GENERAL
	15.1	For operational reasons EMTS may vary the technical specification of Service.
	15.2	This Agreement is the complete and exclusive statement of the Agreement between EMTS and the Subscriber. It supersedes all understandings or prior arrangements whether oral or written, and all representations or other communications between the Subscriber and EMTS.
	15.3	EMTS cannot be held responsible for any false or misleading information given by any dealer, agent or any other representative or intermediary.
	15.4	EMTS or its agents cannot be held responsible for any alphanumeric interpretation of number combinations. Any such derivations are the sole responsibility of the Subscriber. Telephone keypads increasingly conform to Global Standards, however, not all keypads conform to this standard.
	15.5	EMTS may vary the terms and conditions of this Agreement if EMTS considers that changes to legislations, statutory instruments or other governmental regulations or license make it desirable, and EMTS may vary its charges at any time and give 14 days notice thereof to the Subscriber. The Subscriber may not assign or try to assign any or all of the rights and responsibilities under this Agreement but EMTS may assign any or all of EMTS’s rights and obligations without the Subscribers consent.
	15.6	EMTS may port any Telephone Number and or Service(s) to another or any telecommunications system operator if and when it deems fit, the Subscriber hereby agrees the Subscriber shall have no objection in this regard whatsoever.
	15.7	All usage charges will be calculated by data supplied by the telecommunications system operator and not by any data supplied by the Subscriber.
	15.8	All mobile phone Subscribers of EMTS are subject to the Terms and Conditions imposed by the relevant mobile network operator. EMTS accepts no responsibility for any aspect of service provided by the networks.
	15.9	The Subscriber acknowledges and agrees that it has not relied on any undertakings and representations made by EMTS, in entering into this Agreement it has made its own judgment and has not relied in any way on a view expressed by EMTS; it has consulted with its legal and tax advisers to the extent that it deems necessary and it is entering into this Agreement with a full understanding of the terms, conditions and rights thereof and it is capable and willing to assume those risks.


16.	DATA PROTECTION
	16.1	EMTS agrees to process any personal data collected from the Subscriber in accordance with the Data Protection Act
	16.2	Unless the Subscriber advises EMTS in writing to the contrary the Subscriber agrees that EMTS may use any personal data collected from the Subscriber for marketing purposes including amongst other things to offer by phone, fax, post, mobile phone, email or other means any further products and/or services EMTS thinks might be of interest to the Subscriber.