• MTN Hynet Terms and Conditions

    Terms and Conditions for MTN HyNet
    These terms and conditions set out the agreement between ('you' or 'the customer') and MTN Nigeria Communications Limited (‘MTNN’, 'us' or 'we').
     
    Your use of the services shall be governed by the terms of this agreement. Please read through these terms and conditions carefully.

    A    Getting our services
    • The indoor equipment can be installed by you on a self-help basis in accordance with the step by step instructions on the manual supplied with the equipment supplied by MTN.
    • The outdoor equipment requires some technical installations by our field engineers.
    • We will try to meet projected dates agreed with you for installation or activation of theservices, but such installation or activation date is subject to changes or delay notice of which shall be communicated to you as soon as practicable.
    • You undertake to be present or authorise a representative (such representative shall be at least 18 years old) on the day of installation of the equipment at your office or home.
    • Where we need to install equipment at your office or home, we will make every effort to fit the equipment where you prefer. However, in some circumstances this may not be possible because of technical or other reasons. If this is the case, we will connect theequipment as we see fit. Please do not move any existing equipment installed by MTN. Should you wish to alter the routing of any existing equipment such as cables or wall sockets, you should contact us. You agree that the cost of supplying, routing or installation of any equipment shall be borne by you.
    • We are not responsible for any equipment that you have purchased in order to facilitate your use of our services.
    • To provide the services, our equipment (including but not limited to a modem) must be connected to your equipment (including but not limited to a Personal Computer, Switch or Router). We are not responsible for the operation or working capabilities of your equipment.
    • You are responsible for applying for and obtaining any consents, permissions or permits necessary for us to connect and maintain the equipment at your office or home. We are not obliged to install or provide the services unless all consents, permissions or permits have been obtained.
    • Our obligation to provide the services is also subject to survey. If a survey shows that the services cannot be installed or connected at your office or home, or if a non-standard installation is required, we may cancel any installation date we have given you and terminate this agreement. We will do our best to notify you of this as soon as possible after the survey. We shall be under no liability whatsoever to you for any failure to provide the services in these circumstances but we will refund you for any payments you have already made to MTN prior to installation of the equipment.
    • We are not obliged  to connect the equipment at your office or home  or to otherwise perform our obligations under  this agreement if:
    • your office or home is outside our service area. , or we are unable to activate theservices  at your office or home  for any reason;
    • it is not practical to carry out the connection for health and safety reasons;
    • you are not able to be a customer because you have previously misused ourservices;
    • your PC or network interface card does not meet our minimum specificationsfor Internet access;
    • your PC or its operating software does not work correctly or normally forInternet access; or
    • it is not practical to carry out the connection for any other reason.

    B    About our services
     
    General
    • If you keep to the terms of this agreement, we will provide you with ourservices.
    • In supplying the services we will always use our reasonable skill and care but are not able to guarantee fault-free performance.
    • You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up those charges. For example, if someone who has access to your office or home uses the services, we would consider them to be within your control and you would be liable for those charges.
    • HyNet Wireless Internet Services
    • MTN HyNet is a wireless internet service.
    • For Internet access you agree that your PC will meet the minimum specificationsrequired to get our service. You also agree that you are required to either have a LAN port available that we can connect your modem to, or that you will install a network interface card on your PC.
    • You must first set up a HyNet internet account with us through the HyNet web portal as will be advised in your service manual supplied by MTN.
    • You will be provided with a default username and password on your account, which you are advised to change during your registration process. You are to ensure the privacy of your account information by establishing a new password.
    • You agree not to share this account information, except with those individuals whom you want to have access to your account.
    • You confirm and warrant that you are the owner of, and that you have obtained all necessary consents to use, the domain name, mailbox name or any other name selected by you in connection with the Internet access.
    • Any Internet address allocated by us to you will at all times belong to us and you may not sell or agree to transfer it to any person. You will have a non-transferable license to use such Internet address whilst you receive Internet access from us. In the event that this agreement is terminated, for whatever reason, your license to use the Internet address shall automatically terminate and thereafter you will not use or be permitted to use the Internet address.
    • We reserve the right to monitor and control data volume and/or types of traffic transmitted via the Internet access. In the event that your use does not comply with our 'fair use policy', we reserve the right (at our sole discretion) to reduce, suspend or terminate your Internet access. During any time of reduction or suspension, you will remain liable for the payment of your original level of Internet access charge, we will not refund any amount prepaid for the service. We also reserve the right (at our sole discretion) to re-grade your Internet access to a different speed and/or usage allowance at the appropriate charge. If we make such changes we will notify you as soon as possible.
    • You can only subscribe to one selected internet subscription plan at a time and can only change to another subscription plan after expiration of your current subscription. Available internet subscription plans are described or referred to during the sales transaction in our marketing material or by our sales person.
    • Usage periods or plans are not transferable and cannot be carried over to a subsequent period.
    • Access to service is subject to coverage and availability of the HyNet network, validity on the Customer’s account on the MTN HyNet network as well as properly-configured Internet ready equipments.
    • The internet service may be affected by factors including but not limited to type of  equipment being used by you, the Internet site/server being visited, network availability, the number of users accessing the internet network in an area; strength of the signal and equipment distance from the nearest antenna and ecological conditions.
    • This service is fixed; network may not be available if you relocate outside our service area. It is your responsibility to confirm network availability before relocating the service.
    • Due to the nature of the Internet, we cannot guarantee specific levels of performance for the Internet access.

    C    Looking after our services
     
    We will provide any maintenance services during normal working hours that we believe are necessary for our system and your equipment to work properly and for us to provide our services to you.

    D    Using our services 
     
    MTN strictly prohibits its internet and data services customers from using spam and other forms of abuse for business or personal gains. 
    Abuse is defined as;
    Spam, Threats and or Harassment, Privacy Issues, Redistribution of Services (ftp, www, etc.), Copyright and Trademark Issues, Hacking, Port Scanning, Spreading Virus, Denial of Service Attacks, Password Cracking and Unauthorized Access, Credit Card Fraud, Product/Service Fraud, Financial Solicitation, Make Money Fast Chain Letters, General Fraud or Theft.
    • You are responsible for the way our services are used. You must not use our services to do any of the following acts or allow anyone else to use our services to do such acts:
    • Send a message or communication that is unsolicited (spam mails)offensive, abusive, defamatory , obscene, seditious, menacing or illegal;
    • Cause annoyance, nuisance, inconvenience or infringe upon the rights of any other person;
    • Perform any illegal activity;
    • Break, or try to break the security of anyone else's equipment, hardware or software;
    • Deliberately receive, use, own, post, transmit or publish obscene or pornographic material;
    • Upload, post, publish or transmit any information or software that is protected by copyright or other ownership rights without the permission of its owner;
    • Copy or distribute any software or services we provide (but you may make a backup copy of the software we provide for your personal use);
    • You may not use the service or any equipment supplied by MTN in respect thereof to harm the service of another internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice;
    • Use our services in a way that risks degradation of service levels to other customers and put our system at risk. If we believe that you are using our services in any of these ways, we are entitled to reduce, suspend and/or terminate any or all of our services without giving you notice.
    • By subscribing to our services, you hereby accept the provisions of our Anti-Spam Policy in addition to these terms and conditions.

    E    Using your Equipment
    • You are responsible for making sure that your equipment is safe and used properly at all times.
    • You agree that you are responsible for any loss of or damage to your equipment, regardless of how it happens and shall be liable for any loss of or damage to ourequipment.
    • We will not be liable in any way for any loss or damage which is caused to your own equipment arising as a result of its use with our service.

    F    Paying for your services
    • MTN HyNet is available as a prepay option.
    • Subscription to the service can only be accessed, credited and/or modified through the MTN HyNet service portal. You will be required to register your account prior to being able to access the service.
    • Subscription for the service is payable in advance by loading MTN prepaid recharge cards of any denomination to the value of the current price of the internet subscription plan selected through the MTN HyNet service portal.
    • You shall be bound to fulfil all obligations related to the internet package selected. Once the package is selected & confirmed, it cannot be reversed until the selected package expires.
    • You are responsible for all charges associated with your account and the services on your account, no matter who adds or uses the service. Charges include but are not limited to the respective prepaid charges which may be one time charges or monthly subscription charges, taxes, surcharges and fees associated with your service.
    • The rates, charges and terms of the subscription are subject to change from time to time.
    • The service is charged on a monthly basis. The service period starts on any day/time of the month when the payment is made, via a voucher using the MTN HyNet Recharge Portal and shall cease one month thereafter, unless you subscribe to a quarterly, bi-annual or yearly package.
    • On hourly Package(s) the number of usage hours allotted by MTN to you shall reduce in accordance with usage. Usage shall be calculated on the basis of time spent upon connection to the MTN Network for the service.
    • Without prejudice to paragraph ‘8’ of this Clause ‘F’,  the hourly Package(s) shall have a validity period and shall expire at the end of the specified validity notwithstanding any unused time or credit yet to be exhausted on the Package.
    • Without prejudice to paragraph ‘9’ of this Clause ‘F’, the hourly Package(s) shall expire upon the exhaustion of the number of hours available on the Package notwithstanding the expiration date of the validity period.

    G    Amendments
    • MTN may at any time improve, modify, amend or alter the terms of this agreementand/or our services and their content if:
    • there is any change or amendment to any law or regulation which applies to us or MTN Nigeria or the services we provide to you;
    • we decide that our services should be altered for reasons of quality of service or otherwise for the benefit of our customers or, in our reasonable opinion, it is necessary to do so;
    • for security, technical or operational reasons;
    • if the changes or additions are minor and do not affect you significantly or we wish to have all our customers on the same terms and conditions; or
    • in all other events, where we reasonably determine that any modification to our systemor change in our trading, operating or business practices or policy is necessary to maintain or improve our services which we provide to you.

    H    Suspending Our Service
    • We may suspend any or all of our services immediately without notice if:
    • you have breached any of the terms of  this agreement;
    • we need to carry out any maintenance, repairs or improvements to any part of our services or our system;
    • we have to do so by law or in line with a contract;
    • we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining our services and/or theequipment from us or at any time during the provision of our services and/or theequipment;
    • we believe that you or another person at your office or home have committed, or may be committing, any act which contravenes the terms of this agreement by using our services.

    I    Terminating This Agreement
     
    Subject to termination or suspension of this agreement, this agreement shall be operative for the period of provision of our services to you.

    J    Visiting your office or home
    • You authorise us to install and keep installed your equipment in your office or homeand you agree that we and our employees, agents or contractors may enter your office or home so that we can carry out any work that is necessary for us to connect, maintain, alter, replace or remove any equipment necessary for us to provide the services requested for.
    • We will endeavour to cause as little disturbance as reasonably possible when carrying out any work at your office or home.

    K    Our liability to you
    • MTN  will not be liable to you for:
    • any indirect loss or any loss which is not a reasonably foreseeable consequence of MTN negligence or breach of this agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses);
    • lost or destroyed data;
    • any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or MTN had been advised of the possibility of you incurring such loss; or
    • direct physical damage to your property.
    • When MTN carries out any obligation under this agreement, we shall endeavour to exercise the reasonable care and skill of a competent service provider.
    • We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using our services, or for transmitting or receiving, or failure to transmit or receive any material through our services.
    • We shall not be liable for any loss, cost or damage arising from transactions you enter into with third parties using our services (such transactions include but are not limited to buying or renting goods or services from them or ordering goods from other organisations using our Internet access).
    • We accept no responsibility for the contents of any material from other organisations, which may be accessed through our services. We also reserve the right to block access to any such information.

    L    Matters beyond our reasonable control
    • MTN will not be liable for failing to do what MTN promised under this agreement if MTN are prevented from doing so by something outside MTN reasonable control which will include (but are not limited to):
    •  
    • acts of God such as lightning, flood or severe weather conditions, epidemics, fire or explosion;
    • civil disorder, riots, insurrection
    • damage or vandalism to our network or equipment
    • terrorist activities;
    • war;
    • actions of regulators or local or national governments or other authorities; or
    • industrial disputes.

    M    Standard warranty conditions
    • MTN guarantees that the equipment shall be free from defects that would cause it to fail to meet relevant equipment specification as published by the original equipment manufacturer. The warranty period shall be 12 months from the date of purchase by you.
    • You shall notify MTN of a defect during the Warranty period and MTN will at its own discretion either repair with new component or replace the defective equipment.
    • MTN’s warranty on the equipment to you shall expire if the equipment:
    • is used in a manner other than normal use;
    • is attempted to be repaired or a replacement part fitted to the equipment by anyone other than MTN or its authorised service sub-contractor;
    • is connected, attached, used or operated with any auxiliary item other that items purchased from or certified compatible by original equipment manufacturer for use with such equipment;
    • markings or labelling of the equipment have been altered, obscured, removed or otherwise interfered with;
    • equipment has contact with any form of liquid.

    N   Transfer of agreement
     
    This agreement is personal to you and you may not transfer your account or any of your rights and responsibilities under this agreement without our written consent. For business reasons we may transfer any of our rights and responsibilities (as the case may be) under this agreement without your permission.
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