MTN is desirous of leasing MTN Home 5G Routers to its Customers and the Customer consents to the lease on the following terms and conditions:

Terms and Conditions for Provision of Service.

1. Definitions:
   i. Agent or Partner or staff: individuals/companies working with MTN Zambia to run and support the MTN Home Business.
   ii. Agreement: this Device lease agreement may be amended by the Company from time to time.
   iii. Company or MTN implies MTN Zambia Ltd, a private limited company incorporated under the Companies Act Chapter 388 of the Laws of Zambia having its registered office at
   Y’ello House, Stand No. A/255/609 Zambezi Road, Roma Park Lusaka.
   iv. Customer or Subscriber implies a legal entity/company or firm or association or group of persons or an individual who has contracted to utilize the service on these general terms and conditions.
   v. MTN 5G Router (“the Device”) implies a fixed smart device that allows Customers to connect to the MTN Zambia Internet Service and access high speed data on the 5G network from their home/office.
   vi. Service implies MTN mobile internet.
   vii. Acceptance implies MTN’s formal communication to the Customer that their application for the Device and the Service has been approved.
   viii. Month implies 30 calendar days.
2. The Agreement shall become binding on the Company upon the Subscriber completing the application form in the overleaf and consenting to these terms and conditions.
3. Customer Obligations:
   i. The Customer shall submit a completed application form and the necessary documents and items as shown in the application form.
   ii. The Customer shall ensure that the information provided in the application form remains current and up to date. The Customer shall promptly notify MTN of any changes to their details including but not limited to changes to the title/ legal status/ composition of the association/identity/address and furnish all such documents required for MTN to fulfill its “Know Your Client” obligations.
   iii. The Customer consents to MTN verifying any information provided by the Customer in the application form with the Credit Reference Bureau, the Customer’s banker or lending institutions, or any other institution from which the information may be verified. The Customer also consents to the provision of the Customer’s information to the Credit Reference Bureau for non-payment for services offered, loss or damage of device. The Customer holds MTN harmless for such verification or provision of such information.
   iv. As a condition precedent to the leasing of the Device, the Customer agrees to purchase a minimum of 220GB at K500 or 10 Mbps for K999 as initial onboarding bundle purchase. Further the customer is expected to purchase at least the minimum MTN Home Bundle as selected in the application form monthly.
   v. For postpaid customers, The Customer shall not be entitled to the Service if their account remains unsettled as and when the amount charged falls due. MTN shall have the right to suspend the Service until the outstanding amount is settled in full.
   vi. All payments shall be made via Bundle purchase, through Cash/VISA/Mobile Money at the MTN Customer Service Center on MTN platforms (USSD: 115#,117#), Mobile applications and/or Partner payment platforms.
   vii. All SIM card(s), and the Device provided by MTN shall remain MTN’s property and no title shall be transferred to the Customer at any point. If the Device is damaged and/or stolen during the subsistence of the lease, the Customer will be liable to pay for the replacement of the Device and SIM at the replacement value of K3,999 in respect of the Device.
   viii. The Customer shall not transfer the service, the Device, SIM card(s), and personalized phone numbers without the prior written consent of MTN and the transfer shall not be affected until the Customer settles all outstanding balances.
   ix. Any purported transfer contrary to the terms of this agreement shall be invalid and of no effect.
   x. A postpaid customer is liable to pay for all the services enjoyed during the month and the applicable taxes and duties as billed by MTN.
   xi. The Customer may return the Device to MTN at any time subject to clause 10 provided the Device is in good working condition. MTN may reject the Device and demand full value for the Device if the Device is not in good working condition.
   xii. The Customer confirms that they are aware that to enjoy 5G speeds, the Customer must be in an MTN 5G coverage zone.
4. MTN shall not be liable for any service interruptions, unstable or poor quality in the internet owing to force majeure or circumstances beyond MTN’s control and MTN makes no warranty on the quality or stability of the Service. MTN shall not be liable to pay compensation or damages for loss of business, loss of profits, any consequential loss or any other loss or damage.
5. The Device is provided at MTN’s sole discretion and MTN reserves the right to reject any application for the Device.
6. MTN shall have the right to deactivate and remove from its system the Customer’s number/service should the number be inactive owing to the failure by the Customer to purchase data bundles for a period of 7 days. Further MTN shall have the right to recover the Device and accompanying SIM from the Customer.
7. Where MTN is entitled to recover/ repossess the Device under this Agreement and elects to exercise that right, the Customer undertakes to voluntarily hand over the Device to MTN and to hold MTN harmless for any act legally taken by MTN to recover the Device and the Customer agrees to indemnify MTN for all costs and expenses incurred to recover possession of the Device.
8. This Agreement shall be ongoing, but either party may terminate this agreement upon giving one (1) month notice in writing to the other party stating their intention to terminate the same.
9. MTN may terminate this Agreement with immediate effect if:
   i. The Device and the Service is being used to perpetuate any fraud or is reasonably believed to be prejudicial to national interest or in contravention of any laws, regulations, or ordinances.
   ii. the Service and Device are used in breach of this Agreement or for irregular monthly bundle purchases (prepaid i.e., failure to recharge minimum bundle of K500 monthly) or non-payment of outstanding amounts (postpaid).
   iii. for postpaid customers, the termination shall only be effective upon the settlement by the Subscriber of all outstanding bills.
10. On the termination of this Agreement, MTN shall repossess the Device, SIM or any other equipment provided under this Agreement.
11. MTN shall not be held liable for any break or disruption of service attributable to war or hostility, civil commotion, sabotage, fire, flood, act of state or statutory authority, explosion, epidemic, pandemics, quarantine restrictions, strikes, lockouts, national electricity power cuts or acts of God (“Event”), MTN shall resume once the event has come to an end or ceases to exist. The decision of MTN as to whether the service may be resumed or not shall be final and conclusive.
12. Any dispute arising out of this Agreement shall be resolved amicably. Should such resolution fail, either party shall be at liberty to refer the matter to a Court of competent jurisdiction within the Republic of Zambia.
13. This agreement and its performance shall be governed by and construed in all respects in accordance with the laws of the Republic of Zambia.
14. This Agreement constitutes the entire agreement between MTN and the Customer and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings, representation, or other agreements whether oral or written, relating to the subject matter of this Agreement.
15. MTN may from time to time modify this Agreement. MTN shall however notify the Customer of such modification.