D. Please note that these Terms and Conditions are subject to your Subscriber Contract Terms and Conditions.

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MTN Made for Business SKY Terms and Conditions (“Terms and Conditions”).

NOTE:

A. The following Terms and Conditions contain assumptions of risk and/or liability by you and limit and exclude liabilities, obligations and legal responsibilities which Mobile Telephone Networks (Proprietary) Limited, Registration Number 1993/001436/07 (“MTN”) will have towards you and other persons. These Terms and Conditions also limit and exclude your rights and remedies MTN and place various risks, liabilities, obligations and legal responsibilities on you. These Terms and Conditions may result in you being responsible for paying additional costs and amounts and MTN may also have claims and other rights against you.

B. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are complied with.

C. Please read these terms and conditions carefully. Participation in this Offer will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Offer.

D. Please note that these Terms and Conditions are subject to your Subscriber Contract Terms and Conditions.

SECTION 49 CONSUMER PROTECTION ACT NO 68 of 2008 NOTICE, THE FOLLOWING TERMS ARE IMPORTANT TO NOTE: 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11

Definition

Business Customers shall mean: a legal entity that is registered with CIPRO including but not limited to Sole Proprietor, Close Corporation, Private Company.

Corporate Consumers shall mean consumers who purchase in their personal capacity and associate themselves with a legal entity through employment.

Introduction

MTN is introducing new business price plan called Made for Business Sky. Made for Business Sky allows for Business customers to add Bolt-On Voice and Data Bundles to address various corporate needs.

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The MTN Made for Business Sky offers flexibility, choice and added-value, and gives our Qualifying Customers the opportunity to select a package that is most suited to their needs, usage and individual lifestyles.

The Qualifying Customer has an option of boosting their standard priceplans with bolt-on bundle at any point of the cbolt-ontract term. (“the Offer/Offering”).

Offer Period

The Offer will be available from 1 September 2020 until such time as MTN in its sole and absolute discretion elects to discontinue the Offer (the “Offer Period”).

MTN may, in its sole and absolute discretion withdraw the Offer in its entirety, with notice to you. Visit www.mtn.co.za regularly for notices, updates and/or changes to services.

Qualifying Customers

The Offering is available to the following:

5.1.1 New Business Customers and Corporate Consumer; existing Business Customers and Corporate Consumer who are eligible for an upgrade; and

5.1.2 Existing MTN customers migrating into the MTN Made for Business Sky Plans (the “Qualifying Customers”).

Pricing and Structure

Made for Business Sky comes in standard 24 and 36 month options with add-on bundles.

Made for Business Sky has uncapped data and minutes with a fair use policy Table 1: Priceplan description contains the pricing for Made for Business Sky Table 2: Sky Add-on bundles contains the pricing for the Booster Bundles.

Price Plan Made For Business

Sky 24 month

Made For Business Sky 36 month

Sub Vat incl R1499.00 R1259.00

Sub Vat excl R1,303.48 R1094.78

Voice

10000 any-network minutes. Thereafter only MTN-to-MTN minutes.

MB

35GB (35840MB) Fair Use Policy with rate limit throttling to 384kbps thereafter.

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Voice R0.50 for any-network call after the first 10000 minutes

SMS R0.50 for any-network SMS after the first 2000 minutes

Table 1: Priceplan description Add-on Booster Bundles

Sub Vat incl R1 539.00

Minutes 2000

MB 20480

Sub Vat incl R1 350.00

MB 30720

Sub Vat incl R1 999.00

MB 51200

Table 2: Sky Add-on bundles

6.4.1 Standard SIM only and Booster Bundle pricing is reflected on the above tables Terms and Conditions

General Rules

Further to the MTN Qualifying Customer Contract Terms and Conditions, the following specific terms and conditions will apply to the Offer:

7.1.1 The MTN Made for Business Sky Plans will have inclusive data, SMS, voice minutes included.

7.1.2 The new MTN Made for Business Sky Plans will be available on a variable length contract that is: 24 (twenty-four) or 36 (thirty-six) month contract basis.

7.1.3 No data sharing will be allowed on all the Made for Business Sky priceplans. 7.1.4 Dual call will be allowed on all the Made for Business Sky priceplans. Dual call

allows a customer to purchase SIM cards that can be associated to a single contract of the MTN product suite (i.e. Made for Business Sky). These SIM cards then deplete from the inclusive value contained in the customers contract option or price plan purchased.

7.1.5 MTN may impose a Credit Limit on the Qualifying Customer’s account when the Qualifying Customer applies for one of theMTN Made for Business Sky Plans. MTN

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will in its sole and absolute discretion determine the Credit Limit.

7.1.6 Qualifying Customers subscribing to the new MTN Made for Business Sky Plans shall be provided with the Qualifying Customer usage limit functionality to purchase existing once-off and recurring add-on voice, data and SMS bundles via the self-help channels i.e. (MyMTNApp, USSD, IVR).

7.1.7 Once the inclusive any-network minutes and SMS values have depleted out of bundle rates will apply.

7.1.8 A Qualifying Customers can add an applicable Booster Bundle to any Sky offering. Adding a Booster Bundle with Data will increase the Fair Use Policy by the data allocation of the Booster Bundle. A Qualifying Customer can add multiple Booster Bundles at the same time.

7.1.9 The Qualifying Customers might not receive the full inclusive value on activation, this will be pro-rated. For example, if a Qualifying Customer signs up or upgrades at the 15th of the month, the contract inclusive value will be prorated according to time of the month taken out.

7.1.10 Data % giveback will not be allowed on the Made for Business Sky plans inclusive value. Standard Bundles cannot be added to Made for Business Sky.

7.1.11 Made for Business Bundle cap will apply every bill cycle:

7.1.12 The Contract Inclusive fair use policy is not carried over to the next month.

7.1.12.1 The unused Booster Bundle value (Minutes, Data) will have two times (2x) carry over to the next month.

7.1.12.2 The unused recurring bundles (Minutes, Data, SMS) value purchased from

self-service channels - will have two times (2x) carry over to the next month 7.1.12.3 Once-off bundles (Minutes, Data, SMS) Purchased through self-service

channels expiry will be dependent on bundles standard expiry rules. 7.1.12.4 All promotional bundles (Minutes, Data, SMS) are valid for 30 days only.

Any remaining promotional inclusive bundle balance will not carry over to the next bill period, at the end of the bill cycle.

Depletion Rules

The depletion order for Made for Business is: 1. Promo

2. Earliest expiry date 3. Ad-hoc bundles

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b. Recurring 4. Booster Bundle 5. Inclusive value

6. OOB - Spend limit / Recharge

Notifications

There are two usage notifications which a Qualifying Customer will receive:

9.1.1 an SMS notification upon the Customer reaching the predefined spend alert value – this represents the amount remaining for a Customer to use before reaching the spend limit. The default value is R10.00 (ten Rand) and may be changed by calling or dialling 136 or via www.mtn.co.za; and

9.1.2 an SMS notification will also be sent when the usage depletion for inclusive value is 50% (fifty percent), 80% (eighty percent) and 100% (one hundred percent).

Suspensions

MTN reserves the right to suspend the Qualifying Customer when the account is found to be in arrears.

Cancellation

Qualifying Customers may cancel their Offer by contacting the Account Manager calling the call centres or walking into an MTN store.

Made for Business Sky priceplans can be cancelled but will result in clawback charges if the customer is still within contract.

Booster Bundle that are bundled as part of a retail deal / tariff cannot be cancelled for the duration of the contract.

Cancelation of user-added Booster Bundle is allowed with no penalties.

Migration Rules

All MTN Customers will be allowed to migrate to the MTN Made for Business Sky Plans. Qualifying Customers that have an existing Once-off bundle active and want to migrate to an MTN Made for Business Sky Plan, will keep their once-off bundle value and existing expiry date. Qualifying Customers that recharge with airtime and want to migrate to an MTN Made for Business Sky Plan, will keep their recharge airtime value and existing expiry date. Recharges greater than R25 will not expire. Recharges less than and equal to R25 will expire.

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Subscribers will forfeit their Free Promo Value when moving/ migrating from MTN Made for Business Sky plan to any priceplan.

Where a Qualifying Customer elects to downgrade their Price Plan for e.g. Made for Business Sky to Made for Business Small the penalty charges will apply.

RICA

In terms of the Amended Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”), you are obliged to provide proof of your full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. This is necessary to activate you as a customer on the MTN network.

MTN is obliged by law not to activate your SIM card on the MTN network if you have not complied with the RICA registration requirements.

By law, if a SIM card is lost, stolen or damaged, you are required to immediately notify the South African Police Services in writing. You will also have to immediately notify MTN and request the SIM card to be suspended.

If you wish to transfer/sell your SIM card to another person (other than a family member), you are required to contact your Service Provider to report such a transfer to MTN, and MTN is required by law to deactivate the SIM card. Before the new holder of the SIM card can use the SIM card, they must provide proof of their full names, surname, Identity Document number and residential address to an approved MTN RICA officer to register them as a customer on the MTN network. Once they have complied with RICA, and the RICA information is received by MTN, MTN will reactivate the SIM card.

If you change ownership to a third party, the Offer is not transferable.

Failure by any person holding/using a SIM card to comply with RICA is an offence. Contact your service provider or see www.mtn.co.za for details.

International Calling

International calling rates are reduced on all Made for Business Sky price plans. The reduced rates are available (updated regularly. Select “All” to see all destinations).

Some of the less popular destinations do not get any discounts.

https://www.mtn.co.za/Pages/RatesPerCountry.aspx

The charges cannot be tracked in real time for all countries and the customer will be responsible to confirm the cost as they travel.

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Data Roaming

If you wish to go out of the Republic of South Africa and use the Internet, you will be billed according to the Zoned Data roaming rates and roamed usage will not be billed against the inclusive data received on the Offer.

Data usage will be billed from your recharges for MTN Made for Business Sky Top Up and usage limits for MTN Made for Business Sky.

The tariffs and guide on how to manage your data while roaming (outside of the Republic of South Africa) can be found on www.mtn.co.za.

International roaming must be activated by the customer since it is de-activated by default.

Modification of Terms and Conditions

MTN reserves the right, at any time, to change, vary, amend or replace these Terms and Conditions and any rules relating to this Offer, its promotions, its products and services and to modify its promotions, its products and services at its discretion, with notice to you.

See www.mtn.co.za for product and services rules and updated Terms and Conditions from time to time. Any changes to rules and/or Terms and Conditions are effective from the date that they are published on the abovementioned website or elsewhere in any media.

MTN reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to you or any third party. MTN will under no circumstance be liable to you for any error, delay, failure or non-availability of the service, and you indemnify MTN against any damage or loss you may sustain because of possession and/or use of the SIM card, MTN network services, or any error, delay, failure or non-availability of the service. Visit www.mtn.co.za regularly for notice, updates and/or changes to services.

MTN reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion.

As changes will be posted on www.mtn.co.za, your continued use of the products and/or services with the amended rules will be deemed to be accepted by you. It is the responsibility of you to review these Terms and Conditions regularly.

SIM Swap

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certain conditions. After you have registered your details in compliance with RICA, you will be able to initiate the SIM swap process by following the steps explained in this booklet on your MTN cell phone.

17.1.1 A SIM swap from the new cell phone number to your old MTN cell phone number will be allowed if you are RICA compliant, if the old MTN MSISDN number is active and still available on the MTN network, has not been recycled and is not in use by another customer, according to MTN’s systems.

17.1.2 A SIM swap will only be allowed for one MSISDN number at any given time. If the new MSISDN number has been active/used to make calls for more than 24 (twenty-four) hours, a SIM swap cannot be performed. The old MSISDN number must be deactivated/cut off from the network before the new MSISDN number can be activated.

Customers will be able to keep their airtime balance, price plan inclusive value from their old SIM card/MSISDN number and any credits or subscriptions they had once a SIM swap is performed.

Customers with an active/valid MTN International Calling Bundle performing a SIM swap shall retain the benefit associated with their MTN International Calling Bundle.

Mobile Number Portability (“MNP”)

This gives you the ability to move to another mobile network and still retain your cell phone number. A Caller Line Identity (“CLI”) validation will need to be done to ensure that the number being ported is in the customer’s possession. You will lose any unused airtime and Internet bundle or credits, and your voicemail messages when you port. MNP regulations and terms and conditions apply. See www.mtn.co.za for further information.

Limitation of Liability

Subject to the provisions of the Consumer Protection Act, to the extent allowed by any other applicable law and also subject to clauses 19.2 and 19.3 below, MTN will not be liable to you or to any other person for any loss or damage suffered (whether it is direct or indirect):

if MTN does not supply or deliver any device or SIM card/s on the required date or time; or

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reason; or

if MTN does not suspend the provision of the MTN network services to you after you have specifically requested MTN to do so; or

if the loss or damage was caused by any negligent act or failure to act by MTN, its employees or agents; or

as a result of the use of any device supplied to you by MTN relating to this service. Clause 19.1 does not limit or exclude any warranties or obligations which are implied

into this service by the Consumer Protection Act (to the extent applicable) or which MTN gives under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

General

MTN is not responsible for a service being interrupted and/or failing for any reason or for any interruption in the network services.

You will be able to access services only when you are in the Republic of South Africa in an area covered by the MTN network.

You will be solely responsible for all products and services contained in the Offer from delivery of the Offer to you. Accordingly, MTN takes no responsibility for any loss or damage of any of the contents of this Offer including the SIM card, where applicable, or any MTN Internet bundle credits associated with the SIM card. In the event of theft or loss of your device and/or SIM card, such items must be replaced at your own cost; you are obliged to report such loss or theft to the South African Police Services immediately, and to request MTN to suspend such SIM Card.

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