Terms and Conditions of MTN Conference Call

1. Introduction

   1. The MTN Conference Call (the Service) provides You the ability to have pre-arranged, simultaneous telephone conversations between more than two remote participants via the MTN Network. Each participant dials in to Our conference call system and joins the desired conversation using a pre-notified, unique PIN Code.

   2. Accessibility to the Service shall be subject to available capacity on the MTN Network and MTN does guarantee that the number of connections required by the Customer will always be available at any given time.

   3. In providing the Service, we promise to use the reasonable skill and care of a competent Service provider. Acknowledgment

2. Interpretations

   In this ‘terms and conditions’:

   1. "Call Charge" means the price charged to the caller by the network operator

   2. "Contract" means, in order of precedence, the terms and conditions herein and the Scheduling Process;

   3. "Participant" means You and anyone You allow to use the Service;

   4. "Scheduling Process" means the Scheduling Process for the Service completed by You via the Internet, SMS or IVR (Interactive Voice Response);

   5. "Service" means all or part of the Service explained in Paragraph 1 that we agree to provide to You under this Contract;

   6. “Access Phone Number” means the dial-in phone number the Participant dials into to access and use the Service;

   7. “PIN Code” means the number issued to the Participant to uniquely identify the conference call session;

   8. ‘’Short Message Service’’ or “SMS” means short text messages sent/received between You and the conference call scheduling system;

   9. “MTN”, "We" and "Us" mean MTN Communications Nigeria Limited;

   10. "You/Your" means the Customer we make this Contract with and who is named in the Registration/Scheduling Process and/or Your Participants as the context admits.

3. Commencement of this Contract

   1. This contract shall commence upon the issuance of a PIN code to You or when You use the Service for the first time, whichever is the earlier.

4. Provision of the Service

   1. MTN will provide the Service to You on the terms of this Contract.

   2. Subject to limitations listed herein and in the MTN user terms and conditions for accessing MTN services, the Service is available 24 hours a day 7 Days per week. Except:

      1. in the event of scheduled planned maintenance, in which case the Service may not be available between times advertised on the MTN Conference Call website: www.mtnconferencecall.com ; or

      2. in the event of unplanned or emergency maintenance to be carried out on the MTN network, or

      3. in the event of force majeure events and any other circumstances beyond our reasonable control.

   3. MTN reserves the right to:

   1. change the access phone number or the technical specification of the Service for operational reasons; or

   2. give You instructions that we believe are necessary for health or safety, or for the quality of the Service that we supply to You or to our other customers which You hereby agree to observe.

5. Repairing Faults

   1. We do not guarantee that the Service or the platform on which the Service is being provided will not be faulty, but we will make every effort to correct reported faults as soon as we reasonably can.

6. PIN Code

   1. You have no right to sell the PIN Code provided to You for use with the Service and You shall not try to do so.

7. Phone Numbers

   1. You are to access the Service using the access phone number provided to You.

8. Charges for the Service

   1. Each user of the Service, including You, shall be charged the applicable rate for calling an MTN mobile telephone number. This rate will vary depending on the rate charged by Your service provider.

      1. If You are an MTN subscriber, You should check with MTN Customer Care on 180 or 188 to confirm the applicable call rate to the access phone number for this Service.

      2. If You are not an MTN subscriber, You should check with Your network service provider to confirm the applicable call rate to the access phone number for this Service.

   2. If You are a pre-paid telephone subscriber, You must ensure that You have sufficient airtime/call credit on Your telephone line to prevent call termination whilst participating in a conference call. If You run out of call credit during a conference call, You are liable to be cut off by MTN or Your network service provider.

   3. If You are a post-paid telephone subscriber, You will be invoiced the call charges on Your standard telephone bill issued by MTN or Your network service provider

   4. There are no scheduling/ booking, registration or cancellation charges. However,

      1. You will be charged the applicable rate for sending SMS to an MTN mobile telephone number when You schedule a conference call by SMS. This rate is subject to rates applicable at the time the SMS is sent or the rate charged by Your service provider.

      2. You will be charged the applicable rate for calling an MTN mobile telephone number when You schedule a conference call using the IVR system. This rate is subject to rates applicable at the time the call is made or the rate charged by Your service provider.

9. Your Responsibilities

   1. You are responsible for the security and proper use of the PIN code once You have received it from Us.

   2. You shall take all necessary steps to ensure the PIN code is kept secure and confidential, and You must not disclose the PIN Code to unauthorised people.

   3. You must immediately inform us if there is any reason to believe that a PIN Code has or is likely to be compromised and is likely to be utilised in an unauthorised manner.

   4. If You forget or lose the PIN Code, You must contact us and satisfy such security checks as We deem fit or currently operate.

   5. We reserve the right to suspend access to the Service and/ or change the PIN Code if at any time We consider that there is or is likely to be a breach of security.

   6. You must immediately inform us of any changes, if any, to the information supplied during the scheduling process.

10. Use of the Service

    1. The Service must not be used:

       1. to make offensive, abusive, indecent, menacing, unsolicited, nuisance or hoax calls or in any way that it may cause an inconvenience to other subscribers; or

       2. fraudulently or in connection with a criminal offence; and You must take all reasonable precautions to ensure that this does not happen; or

       3. In a way contrary to MTN’s Acceptable Usage Policy which is available on request.

    2. You agree that Voice Calls may be recorded by MTN and the recording used by MTN for purposes of investigating abuse of the system or for such other purposes deemed fit by MTN.

    3. MTN reserves the right to suspend or terminate the Service for a breach of the provisions of ‘I’-‘iii’ above provided and You hereby agree that You shall indemnify MTN for any loss or damages suffered by MTN or any third party claim made against MTN for Your breach of the provision stated herein or in any other section of this ‘Terms and Conditions’.

11. Limitation of Liability

    1. We do not recommend use of the Service where the risk of non connection or loss of connection carries a material risk. Accordingly You may only use the Service if You accept that all such risk is Yours and You shall take steps to insure Yourself against such risks.

    2. To the extent allowed by law We disclaim all liability for the use of the Service, in particular:

    1. Any liability We may be adjudged as having incurred shall be limited to the costs of the call charges incurred for the call in question.

    2. MTN shall not be liable for any unauthorized use or misuse of the Service by You or anyone else.

    3. MTN shall not be liable either to You or any other Participant of Your conference call for any loss that is not reasonably foreseeable, nor any loss of business, revenue, profit, or savings You expected to make, wasted expense, financial loss or data being lost or harmed.

    4. Matters beyond our reasonable control including but not limited to; lightning, flood, or exceptionally severe weather, fire or explosion, sabotage, fibre cut, civil disorder, war, or military operations, national or local emergency, anything done by government or other competent authority, or industrial disputes of any kind, (including those involving our employees). MTN shall not be liable whether in contract, tort (including liability for negligence) or otherwise for the acts or omissions of other service providers of telecommunication services or for faults in or failures of their networks and equipment.

    3. Each part of this Contract that excludes or limits our liability shall operate separately. If any part is disallowed or is not effective, the other parts shall continue to apply.

12. Termination or Suspension of PIN Code

    1. We reserve the right to terminate or suspend the PIN Code:

       1. If You are in breach of this Contract and/or We believe that the Service is being Misused as stated in Paragraph 10a. This right shall be exercised by MTN, at MTN’s discretion, per se, once it occurs and shall not be defeated by reason that the Service was being misused without Your knowledge or consent. You shall be informed of such suspension or termination as soon as reasonably possible;

       2. upon reasonable notice if you breach this Contract and fail to remedy the breach within a reasonable period of being asked to do so.

       3. Where the PIN Code is not utilised for the reserved conference call as and when due. For avoidance of doubt, MTN is not liable to reserve or preserve a PIN Code beyond the actual day and time requested by You.

2. If we suspend the PIN code, it will not be restored until You satisfy us that You will only use the Service in accordance with this Contract.

13. Variation

    1. This document and the terms and condition stated therein are subject to change. We will give You as much notice as reasonably possible of any change to these terms and conditions.

    2. You cannot transfer or try to transfer this Contract or any part of it to anyone else.

14. Third Party Rights

    1. A person who is not a party to this Contract, has no right to enforce any term of this Contract.

15. Prevailing Law

    1. These terms and conditions are governed by Nigerian Law and such regulatory policies as may be published by relevant law enforcement and or regulatory agencies.

16. MTN Terms and Conditions

    1. All other general user terms and conditions as published on the MTN Nigeria website (www.mtnonline.com) shall apply.