MOBILE SERVICES TERMS AND CONDITIONS
1.1 “Access” means the number of days that a subscriber shall be entitled to use the network as determined by the recharge or bundle purchased by the subscriber from time to time (this may also be stated as validity period) subject to clause 2;
1.2 “Account” any account created by user on our self-service portal.
1.3 “Activation” means the enabling of a duly registered ntel sim on a device so that such device operates on the network in terms of this T&C’s;
1.4 “Automatic Renewal” or “Auto-Renewal” refers to the renewal of recurring subscriptions or bundles offered by ntel upon expiry without a new request for renewal by the subscriber;
1.5 “Airtime” means the credit obtained from entering or loading the value of the amount paid onto your device (a recharge event);
1.6 “Bundle” means the pre-paid rate plan which a subscriber chooses that contains service allotments for minutes, messages and/or data;
1.7 ‘’Capped plans’’ means fixed allowance data plans during validity period;
1.7.1 The capped plans are open to both new and existing customers;
1.7.2 All unused data benefits shall be rolled over upon renewal within 7 days
1.8 ’’Data Threshold’’ means the volume of data which each plan entitles subscriber to use before subscriber may experience reduced speeds in connecting to the internet.,
1.9 “Electronic Airtime card” means a naira denominated voucher purchased by a subscriber and which allows a subscriber usage of the network services to the value indicated thereon;
1.10 “Electronic PINs (E-Pins)” means airtime generated electronically and conveyed via a unique number of digits, which when validly activated on the NatCom network, will transfer a pre-determined credit value on the ntel network to a Customer’s account;
1.11 “Load” means to enter the E-Pin value onto a device to recharge an activated subscriber’s access on the NatCom network so that the subscribers account is credited with the quantum of airtime duly purchased;
1.12 “ntel” means NatCom Development & Investment Ltd, a company incorporated in accordance with the laws of the Federal Republic of Nigeria. ntel or NatCom may be used interchangeably in this T& Cs.
1.13 “Network” means the 4G Long Term Evolution (LTE) Advanced network operated by NatCom by which the network services are made available by ntel to the subscribers.
1.14 “Network Services” means those 4G LTE telecommunication services made available from time to time by ntel via the network;
1.15 “PAYG or Pay-As-You-Go” means the pre-paid rate plan in which the purchased airtime is used to pay for services at the time the service is accessed or consumed. If there is no available Airtime, then access to the requested service will be unavailable
1.16 “Revenue Generating Event” means income generated from purchase and use of ntel’s products and services by subscribers.
1.17 “Roaming” means using your SIM card to connect to another network whilst you are outside Nigeria.
1.18 “Subscriber” means individuals or corporations who contract to use and pay for ntel’s products and services.
1.19 “Terminal equipment or device” means a 4G, LTE Advanced compatible terminal or device and accessories thereto which are used by the Subscriber to make and/ or receive calls or message via the Network (which may be commonly referred to as a Phone, Router or MiFi) or a device which is used to access the internet through a data subscription.
1.20 ‘’Unlimited data plan’’ means the customer may continuously use data during the validity period without any extra charges subject to applicable data thresholds specified in the applicable plan and the company’s fair usage policy
2.1 Unless otherwise advised by NatCom, the Electronic Airtime allows you to access the Network services within the area designated by the card in the Federal Republic of Nigeria only.
2.2 Access is subject to the following:
- a maximum of 365 days’ network access from activation, and this is renewed every time you Perform a Revenue-Generating Event, including but not limited to the following: Recharge of Account, Purchase of Service Bundle, Pay-As-You-Go Usage, Receipt of Incoming voice calls or SMS, as well as purchase and Auto-Renewal of various subscription-based services offered by ntel.
- a Service expiry occurs if any of these three conditions are met: (i) if you do not charge your account or perform any Revenue-Generating Event 365 days after service was activated, or (ii) if you did not charge your account or perform any revenue-generating event for 365 uninterrupted days, or (iii) if the validity period for the bundle you purchased has Lapsed in accordance with stipulated timelines for expiry.
3.1 When you receive a call on your terminal equipment, the cost of such call shall be for the callers account and charged at the applicable bundle or PAYG rate.
3.2 Airtime usage is measured from the time when the call is answered and runs until the call ends
3.3 ntel shall be entitled to immediately suspend any calls and/or other network services if:
- the Airtime/credit has been used up, expired or has been forfeited for any reason;
- the account has reached the threshold set by ntel as your credit limit or bundle validity period;
- the account has not been paid within the stipulated period required by ntel.
3.4 You can only use your ntel subscription to make and receive calls, send and receive messages, or access ntel data services in areas covered by the ntel network, within the Federal Republic of Nigeria, or within locations across the world where ntel has established partnerships with other Mobile Network Operators, for roaming purposes.
- Terminal Equipment (Device) and Electronic Airtime
4.1 Risk attached to products including sim airtime and Terminal equipment (where such is purchased from or supplied by ntel) shall transfer upon delivery of same to you and accordingly ntel accepts no responsibility whatsoever for any loss or damage to any of the products or services including inter alia, the electronic airtime card where applicable. In the event of you losing your terminal equipment or refill voucher/card, such items shall be replaced at your own cost.
4.2 ntel will not be liable for any loss or damage of whatever nature arising from/ caused by the loss, unauthorized distribution and/or manufacture of any refill voucher/card.
4.3 ntel is under no obligation to give you any proof of how your airtime has been used or of any calls made or received on your terminal equipment. Accordingly, ntel is under no obligation to give itemized information with respect to any call records for your Terminal Equipment or Phone number.
4.4 You will be charged for text, instant or picture messages, and email whether read or unread, sent through your ntel number
4.5 if you lose any terminal equipment purchased directly from ntel you should report this to ntel immediately.
4.6 in the event of loss of a damage to your terminal equipment you have a choice of either purchasing a replacement terminal equipment with a new number or retaining the old number. The replacement or exchange of terminal equipment, as the case maybe, will still be charged for at a rate determined by ntel in accordance with any relevant requirements.
4.7 you may not in any way tamper with, modify or decompile your sim or and terminal equipment. In the event that ntel has reason to believe that you have so tampered with your terminal equipment, ntel reserves the right to suspend your network services.
4.8 In purchasing terminal equipment from ntel:
- you acknowledge that ntel shall not be liable for any loss, injury or damage to any person arising out of the use of your terminal equipment.
- you indemnify ntel and hold it harmless from and against any liability arising out of claims made against ntel, its employees and/or its agents in connection with the use of your terminal equipment.
4.9 You will be liable for all charges that are, or become payable in respect of each terminal equipment issued to you whether you or any third party used such terminal equipment.
4.10 Nothing contained in these terms and conditions pertaining to the sale of sim or and terminal equipment will be constructed as vesting in or transferring to you any right, title or interest in the software, the phone number or any intellectual property belonging to ntel.
5. Indemnity and warranty
5.1 Furthermore, you acknowledge that ntel shall not be liable for any loss, claim, harm, expense or damages, suffered or sustained by you or any third party and arising, directly or indirectly out of suspension of the Network services or any of them pursuant to the provisions of these conditions.
5.2 without detracting from any of the other provisions of these terms and conditions, ntel shall not be liable to you for any loss or damage suffered by you and whether same is direct or consequential, in the course of your use of the Network , whether or not such loss or damage was caused by any negligent act or omission on the part of ntel, its employees and/ or its agents.
5.3 no warranties, whether implied or express are given in relation to the network. The sole warranty given in respect of the terminal equipment’s is contained in the original equipment manufacturer warranty certificates.
5.4 The limitations in this section also apply to any claims you may bring against any other party to the extent that ntel would be required to indemnify that party for such claim. You agree ntel is not liable for problems caused by you or a third party, or by any act of God, force majeure, epidemic or pandemic outbreak. You also agree that ntel is not liable for missed calls, deleted voice mails, other messages or any other information (like pictures) that gets lost or deleted from your Device, or for failure or delay in connecting a call or text to any other emergency service.
- Conforming with the Law and Dispute Resolution
6.1 You are entitled to refer any dispute relating to the network services to any telecommunications representative who may be appointed as such by the Nigerian Communications Commission. Except to the extent prohibited by law, all claims must be brought within 2 years of the date the claim arises.
6.2 by these terms and conditions, ntel is hereby authorized upon demand, to disclose to any statutory or duly authorized bodies, persons and without notice to you, any private or confidential information which it may be in possession of in the course of your enjoyment and use of the telephone or other related services, in accordance with any law or regulation in force in Nigeria at any point in time. The terms and conditions shall apply to all subscribers.
6.3 You and ntel each agree that any proceedings, will be conducted only on an individual basis and not in a class or representative action or as a member in a class, consolidated or representative action
- Purchase of Electronic Airtime
ntel reserves the right to, without notice, change the method by which you purchase your call credit and access the ntel network. Any services made available to you upon purchase may be varied by ntel from time to time. Furthermore, the charges of such services (if any) may be varied by ntel without notice.
- ntel Services
8.1 The network services are made available to you on the basis that you, your employees, agents and sub-contractors:
- will not use the services for any improper or unlawful purpose nor allow others to do so.
- Will not use the service in any way prohibited by this T&Cs.
- will comply with all relevant legislations or regulations relating to use of the terminal equipment and use of network services.
- will not act, whether by (commission or omission) in any way likely to injure or damage any person, property or the network or cause the quality of the network services to be impaired or interrupted in any manner.
- Will not abuse or threaten any ntel member of staff or agent
8.2 Provision of the network services may be interrupted or suspended by ntel at any time without notice, inter alia:
- To facilitate any modifications, maintenance or remedial work in respect of the network services or the network by ntel; or
- If your usage of the service is in any way in contravention with 8.1 above or
- if you act or omit to act in such a way that the operation of the network or quality of the network service may, in ntel opinion, be jeopardized; or
- If the terminal equipment used by you infringes or is alleged to infringe the intellectual property rights of any third party.
8.3 ntel shall not be liable for any damage or loss that is a direct or indirect result of your non-compliance with any of these terms and conditions and/or your infringement of the rights of any third party.
8.4 ntel reserves the right to levy a reconnection fee for any reconnection of your terminal equipment that has been interrupted or suspended in the circumstances envisaged in this agreement more particularly for credit services. In such event, ntel reserves the right to refuse to reconnect you unless you furnish security or agree to adhere to payment terms which are acceptable to ntel in the circumstances.
- Your Consent to be Contacted
You hereby agree that ntel may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing messages, and in any manner permitted by law. You also expressly consent to be contacted by ntel, and anyone contacting you on ntel’s behalf, for any purpose, including billing, collection, or other account or service related purpose, at any telephone number or physical or electronic address where you may be reached, including any wireless telephone number. You agree that ntel, and anyone contacting you on ntel’s behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, or using an automatic telephone dialling system to place calls or send messages, alerts, or an automatic e-mail system to deliver email messages. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorised to convey to us, the consent of any authorised users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account
10.1 Availability and features offered for international roaming and dialling vary depending on your bundle and Device.
10.2 All countries may not be available for roaming yet and available countries may change from time to time.
10.3 Whether roaming internationally or making and sending international calls and messages while in Nigeria you may be charged international rates (including for voicemails left for you and for data usage). This includes per minute rates for calls and per minute rates for calls transferred to your voicemail and the relevant rates for data usage. You may be charged for more than one call for unanswered calls that are forwarded to voicemail regardless of whether the calls result in an actual voicemail message being left for you and regardless of whether your Device is on or off. Different rates and rounding increments apply in different countries. While roaming internationally, your data throughput may be reduced and your Service may be otherwise limited or terminated at any time without notice.
10.4 You are responsible for complying with any export control laws and regulations, and the import laws and regulations of foreign countries when traveling internationally with your Device.
- Permitted and Prohibited Uses of ntel’s Service
11.1 Permitted uses include:
11.1.1 Voice calls;
11.1.2 Web browsing;
11.1.5 Streaming music;
11.1.6 Uploading and downloading applications and content to and from the Internet or third party stores (subject to 11.2.1 below);
11.1.7 Using applications and content without excessively contributing to network congestion; and
11.1.8 Tethering your Device to other non-harmful devices pursuant to the terms and conditions and allotments of your Data Plan
11.1.9 Video streaming
11.2 Prohibited uses include:
11.2.1 Sending, receiving, uploading, downloading or otherwise distributing any material that may be offensive, menacing, or an infringement of copyright or any intellectual property right, a breach of privacy or unlawful.
11.2.2 Using the Services to access content in a way that infringes the rights of others.
11.2.3 Selling, attempting to sell or otherwise provide any commercial service using the ntel Network without first obtaining ntel’s written consent.
11.2.4 Unless explicitly permitted by your bundle you are not permitted to use your Device or the Service in a way which in ntel’s sole discretion is adjudged unlawful, unfair to other users or in contravention of ntel’s Fair Use Policy whether directly or through a third party, you shall not use any device to route or re-route voice, data or other Services on, from or to the Network, including but not limited to:
22.214.171.124 Using a signal booster or illegal repeaters;
126.96.36.199 Using a GSM Gateway, commonly known as a ‘SIM box’
188.8.131.52 Using a device to forward or divert calls with the intention of reducing your charges for that call
184.108.40.206 Compromising ntel’s network security or capacity, degrading the network’s performance, using malicious software or “malware”, hindering other customers’ access to the network, or otherwise adversely impacting the network service levels in any way;
220.127.116.11 Using applications which automatically consume unreasonable amounts of available network capacity (See Our Fair Use Policy here);
18.104.22.168 You hereby expressly accept to abide by ntel’s Fair Use Policy as may from time to time be published on ntel’s website
11.2.5 Using applications which are designed for unattended use, automatic data feeds, automated machine-to-machine connections, or applications that are used in a way that degrades network capacity or functionality;
11.2.6 Misusing the service, including “spamming” or sending abusive, unsolicited, or other mass automated communications;
11.2.7 Accessing the accounts of other customers without authority;
11.2.8 Tampering with, reprogramming, altering, or otherwise modifying your Device to circumvent any of our policies or violate anyone’s intellectual property rights;
11.2.9 Causing harm or adversely affecting ntel, the network, our customers, employees, business, or any other person;
11.2.10 Conflicting with the laws of the Federal Republic of Nigeria or with these T&Cs; or
11.2.11 Attempting or assisting or facilitating anyone else in any of the above activities
- Additional Terms
12.1 Delay in enforcing ntel’s rights under this agreement shall not constitute a waiver of said rights.
12.2 You cannot assign or transfer the Agreement or any of your rights or duties under this T& C’s without ntel’s written consent. ntel may assign or transfer all or part of its obligations under this T& C’s or your debts to itself, without notice. You understand that the assignment or transfer of all or any part of this Agreement or your debt will not change or relieve you of your obligations under this Agreement.
12.3 You agree to pay all taxes and fees imposed by governments or governmental entities. ntel may not give notice of changes to these charges
12.4 This T&C’s is the entire agreement between you and us regarding the rights you have with respect to your Service, except as provided by law, and you cannot rely on any other documents or statements by any sales agents, distribution partners or other service representatives.