SpectraGo Online application

MTC
Mobile Telecommunications Limited

Registration Number 94/458

1. Interpretation
2. The headings to the clauses of this agreement are for reference and convenience purposes only and shall not aid in the interpretation of the clauses to which they relate.
3. In this agreement unless a contrary intention clearly appears: 
   1. the singular shall include the plural and vice versa; 
   2. words indicating persons shall include partnerships, companies, closed corporations and other legal personae; 
   3. words indicating the one gender shall import and include the other genders.
4. The following words shall have the meaning herein assigned to them unless the context otherwise indicates: 
   1. “Activation Period” means the period from the date of signature of the Service Agreement until the effective date, or in the event of additional services, the date on which both parties to this agreement sign any proposal; 
   2. “Agreement” means the application for services and these terms and conditions; 
   3. “Application-Level Throttling” means that after the Fair Usage Policy limit is reached, the Service manages network performance by prioritising essential traffic and temporarily reducing speeds for certain high-bandwidth applications. 
   4. “Best Effort” means data services for which download and upload speeds may vary and are not guaranteed.;
   5. "Boost" or "Data Boost" means an optional once-off data top-up purchased by the Customer that restores high-speed data access after the monthly Fair Usage Policy limit has been reached, valid until the end of the current Billing Cycle.
   6. “Charges” means such fees and charges applicable for the provision of services as set out in the tariff including but not limited to connection charges, monthly subscription charges, late payment charges, administrative and/or reconnection fees, and any other charges determined by MTC and notified to the Customer  from time to time; 
   7. “Commencement Date” means the date upon which MTC signs the acceptance of the application by the Customer  to conclude this agreement;
   8. “Connection Charges” means the initial charge for connection to the network as set out in the tariff;
   9. “Coverage” means the geographical area where the service can be accessed and used by the Customer . 
   10. “Customer” means a natural person or legal entity who applies for or subscribes to or utilizes the service provided in terms of this Agreement;
   11. “Customer  Contact Number” means the telephone number provided by the Customer  that can be used for communication via SMS and voice calls.
   12. "CPE" or "Customer Premises Equipment" means the router, modem, or other equipment provided by MTC for use with the Service, which remains MTC's property throughout the Service period.
   13. "Effective Date" means the date on which MTC activates the Service, as confirmed by MTC.
   14. "Fair Usage Policy" or "FUP" means the data usage threshold applicable to your selected Service Plan. Once this threshold is reached within a Billing Cycle, your connection speed will be reduced to 1 Mbps and Application-Level Throttling will apply until the next Billing Cycle begins or until you purchase a Boost.
   15. "Fixed Wireless Access" or "FWA" means internet access delivered via 4G/5G wireless technology to a fixed location, where both the SIM card and CPE are geo-locked to the registered service address.
   16. “Free to Use” means that MTC provides the Customer Premises Equipment (CPE) for use with your 4G/5G Fixed Wireless Access service at no additional cost beyond the applicable monthly subscription fee. The CPE remains the property of MTC for the duration of the service.
   17. "Geo-Locking" means the technical restriction applied to your SIM card and service, limiting connectivity to the cellular towers serving your registered service address, preventing use of the Service at unauthorized locations.
   18. “Out of coverage” Means a geographical area which does not fall within the “Coverage” area.
   19. “Replacement Value” means the current retail value of the relevant Customer Premises Equipment (CPE) or combination of equipment provided.
   20. "Service" means the MTC Spectra Connect Fixed Wireless Access internet service provided over MTC's 4G/5G network on a month-to-month basis under this Agreement.
   21. "Service Plan" means the specific package you have selected, characterized by monthly data allocation, speed tier, and monthly fee, as set out in the current MTC tariff.
   22. “Subscription Fee” means the monthly to month payable fee to access the network or internet. 
   23. "Up To Speed" means the maximum theoretical speed achievable under optimal network conditions; actual speeds will vary and are not guaranteed.
5. Purpose of Agreement
   2. This Agreement sets the terms under which MTC supplies the Service to the Customer, and under which the Customer uses the Service.
6. Duration of offer
   3. This Agreement is month-to-month with no fixed minimum contract period.
   4. The Service continues until terminated by either party.
   5. You may terminate the Service at any time by giving MTC 30 days' written notice
   6. Notice must be submitted via:
      3. Email to customercare@mtc.com.na
      4. Written letter delivered to MTC Head Office or any MTC retail outlet
   7. Termination takes effect 30 days after MTC receives and acknowledges your notice.
   8. You remain liable for all monthly fees during the 30-day notice period.
   9. No early termination penalties or cancellation fees apply
7. Payment on application
   4.  
8. Service Overview
   5. The Service is offered on a monthly renewable basis under the contract that may be terminated by the Subscriber at any time with thirty (30) days’ written notice.
9. Service Plans
   6. The Service is only applicable for residential use.
   7. Approval of the Customer ’s application for migration to a lower Service Plan is not guaranteed, it is subject to MTC’s sole discretion. 
   8. MTC shall upon approval of the application implement the resources required to provide the Customer  the Services for which the Customer  has been approved for.
10. Undertakings by the Customer   
    7. The Customer acknowledges that the information and/or documents supplied by him to MTC as appearing on the overleaf is correct and may be submitted by MTC to any credit reference agency.  
11. Payment on approval of Application
    8. The Customer  shall upon approval of the Offer, pay to MTC an amount that covers the installation cost if applicable and a full month’s subscription charge as notified to the Customer at the time of acceptance of the Offer. 
    9. Monthly subscription charges shall be payable monthly in advance at the beginning of each billing cycle.
    10. All fees are payable by the due date specified on your invoice via a debit order transaction, you authorize MTC to automatically deduct amounts due from your nominated bank account
    11. You may not revoke the the direct debit instruction during the Service period without MTC's prior written consent
    12. you fail to pay by the due date, MTC will charge late payment fees as per MTC's published tariff.
    13. If payment is not received within 2 days after the due date, MTC may suspend the Service without further notice.
12. Fair Usage Policy (FUP)
    9. The service offers data subject to FUP limits per package.
    10. Once the monthly allocated  data is consumed, the connection speed will be reduced to 1 Mbps. The Customer  will still be connected to the network and will continue to make use of data at a reduced speed.
    11. Application level throttling will be applied until the next billing cycle or until the Customer  tops up the service. 
    12. The Customer acknowledges that MTC is unable to exercise control over the content of information transmitted via its network. In these circumstances MTC does not accept liability of any kind for the transmission or reception by the Customer , or the Customer  of infringing information of whatever nature;
    13. The Customer  expressly agrees to indemnify MTC from any claim brought by third parties alleging that use of MTC Network by the Customer  has infringed any intellectual property rights of any kind or any applicable Namibia or International legislation.
    14. If in MTC’s reasonable opinion, the Customer  is deemed to be abusing the Services in any way, MTC may ask the Customer  to moderate behavior and in extreme cases, MTC may limit the speed, block access to data services or may disconnect the Customer 
    15. The Customer s connection speed will depend on various factors, inter alia router, area of the Customer  and/ or but not limited to network related issues.
    16. After the FUP thresholds are reached, speed reductions and application-level throttling will apply.
    17. .
    18.  
13. Service Plans and Charges
    6. The service plans and charges shall be as per the approved tariff.
14. Service Migration Fees
    11. The Customer  will be charged a downgrade and service relocation fee.
    12. Customer s are limited to a maximum of five (5) service relocations per calendar year and shall be charged a service relocation fee. 
15. Boosts
    12. Customer s may top up their current package only with the same data tier.
    13. Each Boosts is valid for the remaining period of the month, notwithstanding the date on which the boost was made. Only one boost can be made per month.
    14. Unused Boosts data will not carry over to the following month.
    15. Boosts can be made via the following channels:
16. MYMTC App
17. Maris
18. MTC Website
19. Mobile Home Outlets
    12. The Boosts shall be as per the approved tariff and applicable terms and conditions.
20. Quality of Experience (QoE)
    13. The Service is provided on a best-effort basis, meaning that while MTC shall use commercially reasonable efforts to deliver the Service, no minimum performance, throughput, latency, uptime, or availability is guaranteed..
    14. All speeds, data rates, and performance figures quoted in any marketing material, proposal, or communication are indicative “up to” values only and are not binding performance commitments. Actual service performance will vary depending on network conditions, radio signal strength, congestion, distance, interference, customer-premises equipment, and other factors beyond the Service Provider’s control.
    15. MTC shall not be liable for, nor shall any rebate, credit, refund, or compensation be due to the Customer , for any degradation, interruption, slowdown, or failure to achieve advertised or expected speeds.
    16. The Customer acknowledges that the Service operates over shared network resources, and agrees that variations in quality and throughput are inherent to the technology and shall not constitute non-performance or breach of contract.
    17. MTC has no control over, and is not responsible for, content accessed via the Service, including:
        13. Websites, applications, or online services
        14. Illegal, offensive, or harmful content
        15. Malware, viruses, or security threats
        16. Accuracy or reliability of third-party information
    18. You use third-party content and services at your own risk
    19. Nothing in this Agreement shall be construed as a warranty or guarantee that the Service will meet any specific regulatory or third-party benchmark unless expressly stated in writing in an applicable Service Level Agreement (SLA).
21. Installation, Equipment and Coverage
    14. MTC will provide a free to use CPE for use with the Service in accordance with these Terms and Conditions. 
    15. The CPE remains the property of MTC until the service is terminated.
    16. If the CPE is found to be defective upon activation of the service, the Customer must notify MTC as soon as reasonably possible, but not later than fourteen (14) days from the date the defect is discovered. MTC will assess the reported issue and, if confirmed to be a genuine defect, may repair or replace the equipment at its discretion.
    17. MTC shall not be liable for damage to CPE arising from power surges, customer negligence, theft, improper use, environmental interference, or third-party equipment.
    18. The service is available only in areas with MTC 4G or 5G networks coverage.
    19. Where coverage is limited, MTC will assess and propose an outdoor CPE installation. The additional equipment and installation will incur a cost.
    20. The Service may be installed either by MTC or by the Customer, subject to MTC’s installation guidelines and technical specifications.
    21. Where the Customer elects to perform their own installation, MTC shall not be responsible for any faults, degradation of service, poor performance, or failure of the Service arising from or related to the Customer’s installation activities, including incorrect configuration, faulty equipment, inadequate power supply, environmental interference, or failure to comply with MTC’s installation standards.
    22. MTC shall not be held liable for any loss, damage, loss of profit, or consequential loss suffered by the Customer resulting from self-installation, misuse, or modification of CPE.
    23. Should MTC be required to rectify, repair, or reinstall the Service due to an incorrect or failed self-installation, all such work shall be deemed billable, and MTC reserves the right to charge the Customer the applicable call-out, labour, and material costs.
    24. Should the SIM be moved to a different location than what was provided during activation and relocation, the Sim will stop working.
    25. Should the customer move the SIM to a different location, the SIM will be disconnected with no internet connection until it moves back to the previous location or until a relocation request is processed for the new location.
    26. Should there be an instance where the Customer  changes location where the service was approved to a location with limited to no coverage available. The Customer  will be required to terminate the service and settle outstanding fees.
    27. 5G coverage is limited. The 5G experience will only be in areas where MTC has 5G coverage.
22. Termination
    15. MTC must acknowledge receipt and acceptance of the termination request.
    16. Termination will only occur once the device has been return to MTC or any once all outstanding fees have been settled. 
    17. If you terminate your subscription, you are required to return the CPE to MTC in the same condition in which it was received. Failure to return the CPE, or returning it in damaged condition, will result in a charge equal to the replacement value of the equipment.
    18. You must return all MTC-provided CPE within 7 days of the termination date.
    19. CPE must be returned in good working condition, with all accessories and packaging.
    20. Failure to return CPE, or returning damaged CPE, will result in a charge equal to the Replacement Value.
    21. Termination is only complete once MTC has received the CPE or you have paid the Replacement Value.
    22. Termination by MTC:
    23. MTC may terminate this Agreement immediately by written notice if:
        15. You breach any material term of this Agreement and fail to remedy the breach within 7 days of written notice from MTC.
        16. You fail to pay amounts due and your account remains in arrears for 30 days.
        17. You provide false or misleading information in your application.
        18. You use the Service for illegal, immoral, or improper purposes.
        19. You resell or commercially exploit the Service without MTC's written consent.
        20. You relocate the Service without authorization or exceed relocation limits.
        21. You become insolvent, enter business rescue, or are liquidated (if a legal entity).
        22. MTC's telecommunications license is suspended, revoked, or terminated by the regulator.
        23. MTC determines your conduct is not in the public interest or damages MTC's reputation.
        24.  
23. Provision of Services by MTC
    16. MTC shall:
        16. Use its best endeavors to provide and maintain the availability of the Services to the Customer throughout the period of this Agreement, but does not warrant that the same will be provided without interruption including but not limited to interruptions that may occur as a result of force majeure and further does not warrant that the Services will not be suspended and or disconnected once the usage limit (if applicable) is attained by the Customer  
        17. Rectify any fault in the Services at the earliest possible time and as prescribed by regulations as amended from time to time; 
        18. Employ qualified staff to render the Service and provide for the efficient and effective operation of the Services; 
        19. Provide the Customer  with proper instructions in relation to the operation of the Services;
        20. Maintain a suitable information system to properly control the provision of the Services to the Customer 
    17. MTC shall provide the Services with effect from the Commencement Date provided that the Customer : 
        16. Shall have paid the installation, connection and monthly subscription charges in advance
24. Billing and Payments
    17. Billing will commence once the service (CPE and SIM) is provided/delivered to the Customer , billing shall commence at collection or 24 hours afterwards, regardless of the services are in use or not.
    18. SIM registration is required before a service can be activated
    19. Monthly charges and or subscription will be billed in advance.
    20. When an account is activated in the middle of the month, the subscriber will be liable for the pro rata subscription
    21. The subscriber will be billed in advance for any additional hardare and service 
    22. Services will be suspended if payment is not received within two (2) days after the due date.
    23. To reactivate a suspended Service, you must:
        17. Pay all outstanding amounts in full
        18. Pay any applicable reconnection fee
        19. Pay any late payment penalties
    24. If your account remains in arrears for 30 days after suspension, MTC may terminate the Service and take further collection action.
25. Billing disputes
    18. If you dispute a charge, you must notify MTC in writing within 30 days of the invoice date.
    19. You must still pay all undisputed amounts by the due date.
    20. MTC will investigate and respond within a reasonable time.
    21. If the dispute is resolved in your favor, MTC will credit your account or issue a refund as applicable

19. Service Migrations
    19. Customers may migrate to Spectra FTTH, or Spectra PTMP services based on availability. 
    20. Migration to other packages may result in:
20. Forfeiture of remaining data
21. Pro-rata billing
22. Hardware upgrade and/or termination fees
23. Installation fee 
24. Upgrades and Downgrades
    20. You may request to upgrade to a higher-tier Service Plan
    21. Upgrades are subject to:
        20. Service Availability   
        21. MTC approval
        22. Payment of an upgrade fee (currently N$99)
    22. To request an upgrade, submit your request in writing at least 8 days before your next Billing Cycle, or by the 20th of the month, whichever is earlier.
    23. You may request to downgrade to a lower-tier Service Plan
    24. Downgrades are subject to:
        20. Service Availability   
        21. MTC approval
        22. Payment of an downgrade fee (currently N$299)
    25. Approved downgrades take effect from the next Billing Cycle
25. Change of Location (Relocation)
    21. If you wish to move the Service to a new residential address, you must notify MTC at least 30 days in advance.
    22. You must provide the new address and, where requested, GPS coordinates or proof of address.
    23. Customer s may change locations up to 5 times per year.
    24. MTC will verify coverage at the new address
    25. MTC will approve the relocation if:
        21. The new address falls within MTC's 4G/5G coverage area
        22. You have not exceeded the maximum of 5 relocations per calendar year
        23. You pay the relocation fee (N$519)
        24. MTC may decline the relocation if coverage is unavailable at the new address
26. No Coverage at New Location
    22. If MTC cannot provide the Service at your new address due to lack of coverage, you must either:
        22. Migrate to another MTC product (if available at the new location), or
        23. Terminate the Service
    23. If you terminate due to lack of coverage at a new address, you remain responsible for all fees up to the termination date, including returning the CPE.
27. Internal Law Enforcement 
    23. MTC may at any time disclose otherwise sensitive and confidential information to law enforcement agents requesting this information if presented with a warrant.
28. Notifications
    24. MTC will send usage or billing notifications to the number provided during application process and the SIM that is used to provide the service. The Customer  cannot opt out of the SMS notifications
    25. Usage notification will be send to the Customer s contact number. 
        24. SMS notification of 80% and 100% data depletion will be send to the Customer s contact number.
29. Liability 
    25. MTC makes no warranties regarding service uptime or performance.
    26. MTC  shall not be liable for any service interruption or degradation, including but not limited to any loss, damage, loss of profit, or consequential loss arising from reduced performance, increased latency, network congestion, service interruption, failure to deliver the Service at any specific speed or quality, coverage limitations, or any other unforeseen circumstance beyond MTC’s reasonable control.
    27. If a fault is found to be caused by the Customer , a call-out fee will be charged.
    28. The Customer’s sole and exclusive remedy for dissatisfaction with a best-effort Service shall be to terminate the Service in accordance with the standard cancellation terms. No refund or credit shall be payable for variable service levels inherent to a best-effort model and MTC standard Terms and Conditions and credit policy applies.
    29. Additional Terms and conditions shall be applicable as per the tariff submission to the regulator.