Smart Mobile Pre-paid Services Agreement

1. The terms and conditions set out below govern our contractual relationship with you for the provision of Smart Mobile Prepaid Services on our Network.
2. This Agreement applies for all new and existing customers as from [28th March 2014].
3. We may amend this Agreement from time to time. The latest version of the Agreement is published on the Smart Mobile Website. Please check the Smart Mobile Website regularly for updates.
4. You will also be bound by the specific terms and conditions published on the Smart Mobile Website relating to your Prepaid Plan and any specific terms and conditions relating to the Services you use, like data services. If there is any conflict or inconsistency between:

(a) the terms and conditions set out in this Agreement; and
(b) the terms and conditions relating to your Prepaid Plan or the specific terms and conditions relating to the Services you use,
then the terms and conditions referred to in paragraph (b) will prevail.

2. Interpretation

This Agreement contains various words and expressions that have defined meanings. These defined words and expressions have the meanings set out below.

“Additional Services” means optional services offered by us in connection with the Smart Mobile Prepaid Services (such as data, SMS, Roaming) which may incur a fixed monthly Charge and/or other casual Charges. You can find more information about these services, including which ones are available to you and the Charges for using them, on the Smart Mobile Website
“Charges” means charges for access to and use of the Services
“Content” means information, images and sounds, communications, software or any other material made available through the Services and includes wireless data and internet content
“Mobile Phone” means the mobile phone or other telecommunications device (which incorporates a SIM) which operates on our GSM Network and is used by you to access the Services
“Mobile Service Provider” means a provider of mobile telecommunication services
“Network” means the telecommunications system owned by us which we use to provide the Services to you and other customers, including our GSM Network
“PIN” means a personal identification number which is necessary for protection from non-sanctioned access to your SIM
“Prepaid Plan” means the relevant Smart Mobile Prepaid Service pricing plan you choose from time to time
“PUK1 Code” means a personal unblocking key code which can unblock your SIM
“Roaming” means an Additional Service that allows you to use your Mobile Phone in countries other than Sierra Leone
“Services” means the mobile telecommunication services offered by us to you under this Agreement, including the Additional Services, and anything else we do or provide in connection with those mobile telecommunication services, which may or may not incur a Charge
“SIM” means any SIM that we may have provided to you which enables you, when used with a Mobile Phone, to access the Services on our Network
“SMS” means a short message service, which is a form of text messaging on Mobile Phones
“Smart Mobile” means the brand name or trading name of Intergroup Telecom Limited
“Smart Mobile Customer Services” means Smart Mobile Customer Services, which can be contacted by dialling 111 from your Mobile Phone, or by using such other contact details which are updated by us on the Smart Mobile Website
“Smart Mobile Prepaid Account” means the account which records details of the amount of credit you have available from time to time
“Smart Mobile Prepaid Services” means voice, SMS, data and any other Services provided by us where you pay the Charges in advance by purchasing credit before using the Services
“Smart Mobile Website” means our website at www.smart.sl or such other website that we notify you of from time to time
“we”, “our” or “us” means Intergroup Telecom Limited trading as Smart Mobile
“you” or “your” means the customer who is party to this agreement.

3. Commencement of Agreement

This Agreement starts when you are first allocated a Smart Mobile phone number to use with your Smart Mobile Prepaid Account or when you first credit your Smart Mobile Prepaid Account or when you first use the Services, whichever happens first.

4. Provision of Services

1. Smart Mobile Prepaid Services allow you to make and receive most local, national and international calls (when within our Network coverage area) using a Mobile Phone, and access a range of other Services. You will need a SIM to be able to connect to our Network and use the Services.
2. All SIM cards must be registered using a valid identification card, in order to comply with the Laws of Sierra Leone, and no single individual may own more than three (3) active SIM cards at any one time.
3. We will try our best to provide quality Services to you at all times. But, because of the nature of mobile telecommunications, at times our ability to do so will be affected by factors outside of our control including, but not limited to, geographic conditions and physical obstructions, weather conditions, the number of people trying to use our Network at the same time or faults in our Network or other networks used by us to provide the Services to you. We cannot guarantee continuous or fault-free Services.
4. The quality, speed and coverage of the Services also depends partly on your Mobile Phone, partly on our Network and partly on other telecommunications networks.
5. The Services may also be unavailable at times due to maintenance, repairs, upgrades or modifications to our Network or other networks used by us to provide the Services to you. Where it is within our control, we will try to keep such unavailability to a minimum.
6. Roaming relies on the use of overseas telecommunication networks which we do not control and therefore we cannot offer any guarantees about the quality of Roaming services. Some Services may not be available while Roaming. The use by you of overseas telecommunication networks will be subject to the terms and conditions of the relevant network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this agreement.
7. You agree to:

Comply with all your obligations in this Agreement;
Provide us with all information we reasonably request in connection with this Agreement and make sure that all information you give to us or to any third party retailer is accurate and complete;
Keep confidential, and do not disclose to any other person, any PIN or other access code feature used by, or allocated to, you in connection with the Services;
Do not use the Services in a way that is abusive or offensive or for an illegal, immoral or fraudulent purpose;
Do not use the Services in a way that interferes with any other person’s use of the Services;
Do not use the Services to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, access or upload any Content which breaches a third party right, or any other similar activity;
Follow the instructions and guidelines (including any Fair Use Policies) we give you about the use of the Services;
Do not do anything or introduce anything (including any virus) that may damage or harm our Network or equipment or any third party’s network or equipment
Agree that using the Services does not give you any rights in any part of our Network;
Never interfere with any part of our Network unless you have been authorized in writing by us to do so; and
Indemnify us and any other relevant affiliated company against any legal action taken, or losses or costs we or any other relevant affiliated company incur, in connection with your use of the Services. The indemnity in this clause shall extend to our officers, employees, contractors and agents and those of any other relevant affiliated company

8. You agree to make sure everyone who uses your SIM complies with the obligations and responsibilities set out in clause 4.6.
9. We may publish a fair use policy in respect of some or all of the Services. A fair use policy will provide rules and further details around how such Services can be used. We will do this to help us prevent fraud and to ensure that excessive use of such Services does not prevent our customers from enjoying such Services. Such policies are available on the Smart Mobile Website or by contacting Smart Mobile Customer Services.

5. Mobile phone numbers

1. We will allocate a phone number to you for use with your SIM on our Network. The phone number does not belong to you and you may not sell or otherwise transfer it. Any disputes regarding the allocation of phone numbers will be determined by us in our absolute discretion and our decision will be final.
2. In exceptional circumstances, we may be required to change the phone number you use. Where we are required to change your allocated phone number we will try and give you notice of this change. We will not be liable for any costs which may be incurred by you or anyone else as a result of this change.

6. Wireless data and content

1. If the Services provide links to third party sites, we are in no way responsible for such links or for the Content on any such sites. We have included these links for convenience only and this inclusion is in no way an endorsement of the applicable site or third party.
2. We are not responsible for:

Ensuring that any Content you access or make available through using the Services will be private or secure or free from viruses or other harmful things;
Any transactions you enter into, any dealings between you and any advertisers or third parties, or your participation in any promotions through use of the Services;
Any inaccuracies in any Content you obtain from the Services or any loss or damage arising from the use of, or reliance on, such Content;
Any corruption or loss of Content stored on, or transmitted over, our Network;
Any delay in your receipt of Content you select for transmission to your Mobile Phone; or
Fixing any faults in your Mobile Phone or SIM as a result of you accessing Content.

3. Unwanted programs or Content may be downloaded from the internet without your knowledge, which may give unauthorized persons access to your Mobile Phone. We are in no way responsible for any such unauthorized access or any damage or loss suffered as a result.

7. SIM card

 1. Any SIM we supply to you remains our property and must be returned to us on demand if this Agreement ends. It is your responsibility to keep any SIM we supply to you in good condition.
2. You must keep the SIM secure at all times. We recommend that you use a PIN and other access code features provided with your SIM to ensure that only you are able to access and use the Services. You must keep all such PINs and access codes confidential at all times. We will assume that any request or instruction we receive is authorized by you if it is made from your SIM.
3. If your SIM is blocked it will not be possible to use it unless it is unblocked. To unblock the SIM you will need a PUK1 Code, which you can obtain from your SIM packaging or by contacting Smart Mobile Customer Services. If you block your SIM by incorrectly entering the PUK1 Code the SIM will be rendered useless after 3 attempts and you will lose names, numbers and other information stored on it. You will then need to purchase a new SIM which comes with a new PUK1 Code, if you wish to continue using the Services.
4. You must inform us immediately if your SIM is lost, stolen or damaged. You will remain liable for all Charges incurred in relation to the use of your SIM up to the time you inform us that your SIM is lost or stolen, whether the Charges have been incurred by you or someone else. If your SIM is lost, stolen, damaged or destroyed, and you do not inform us, we will have no obligation to make a refund to you for the credit left on your Smart Mobile Prepaid Account and you will need to purchase a new SIM if you wish to continue using the Services.
5. If equipment, including your Mobile Phone, supplied to you by someone else does not work properly, you need to contact the relevant equipment supplier or manufacturer, rather than us, about the problem. We are in no way responsible if this equipment supplied by someone other than us does not work on our Network. We are under no obligation to take any action so you can access the Services using this equipment.

8. Charges and your account

1. In order to use the Services you will need to have a Smart Mobile Prepaid Account which is in credit. As Charges are incurred they will be deducted from the credit balance of your Smart Mobile Prepaid Account and you will be notified of each transaction via SMS. You can add additional credit to your Smart Mobile Prepaid Account by buying and registering a Smart Mobile scratch card or electronic voucher from any retailer or by using any other means of payment accepted by us from time to time. For more information on how to top up your Smart Mobile Prepaid Account please refer to the Smart Mobile Website or contact Smart Mobile Customer Services. No bill will be sent to you in relation to your use of Smart Mobile Prepaid Services.
2. Each Smart Mobile scratch card has an expiry date printed on it and credit purchased via electronic will also have an expiry date. Scratch cards cannot be used and credit purchased via electronic voucher will not be available, after the expiry date. We will not give refunds for any cards or vouchers not used by their expiry date. If you have a Smart Mobile scratch card or voucher which has not reached its expiry date and appears to be faulty, please contact Smart Mobile Customer Services. You will need to provide us with the faulty Smart Mobile scratch card or electronic voucher number. We will check the scratch card or voucher number and, if it is faulty, we will provide you with a replacement scratch card or electronic voucher.
3. The Charges for calls made from your Mobile Phone are available from our website. Calls are charged on a per second basis. The Charges for our other Services are set out on the Smart Mobile Website and are also available by contacting Smart Mobile Customer Services.
4. We may change our Charges from time to time and will notify you of any changes in accordance with clause 14.
5. You are liable for all Charges under this Agreement whether incurred by you or someone else using your SIM (with or without your knowledge). This includes when your SIM has been lost or stolen.
6. If the credit balance on your Smart Mobile Prepaid Account is used up while you are on a call, the call will be automatically disconnected. We will not be liable for calls being disconnected after your credit has been used up.
7. If you have no credit on your Smart Mobile Prepaid Account you will not be able to make any outgoing calls (except to emergency services or to Smart Mobile Customer Services) or use any other Services that would incur a Charge.
8. Once you add credit to your Smart Mobile Prepaid Account you will need to use that credit within a period of 90 days. Any credit not used within 90 days will expire and you will need to add additional credit in order to use the Services. We will not give you a refund for any credit that expires.
9. You must add credit to your Smart Mobile Prepaid Account at least once every 4 months, otherwise your Smart Mobile Prepaid Account will be deactivated. If this happens, clause 10.2 will apply.

9. Withholding, suspending or restricting services

1. We may withhold, suspend or restrict your use of any or all of the Services or disconnect you from the Network without warning if:

You or anyone who uses your SIM does not comply with the terms and conditions of this Agreement or any other agreement with us, including any terms and conditions relating to Additional Services;
You or anyone who uses your SIM damages our Network or puts our Network at risk;
You harass, abuse or threaten our staff; or
You notify us that your SIM has been lost or stolen.

2. When we withhold, suspend, restrict or disconnect a Service for the reasons set out in clause 9.1 above, you may have to purchase a new SIM before you can use the Services again.
3. We may also suspend your use of the Services and disconnect you from our Network without warning if our Network needs urgent maintenance or upgrading.
4. We reserve the right to change, suspend or withdraw part or all of any Services, including Additional Services, on giving reasonable notice.

10. Giving up or ending services

1. You may end this Agreement at any time for any reason by:

Simply ceasing to add credit to your Smart Mobile Prepaid Account at least once every 4 months (see clause 8.9 above);
Contacting Smart Mobile Customer Services;
Upgrading to one of our Smart Mobile Postpaid plans; or

2. If this agreement ends for one of the reasons in clause 10.1:
Any unused Smart Mobile Prepaid Service cards or vouchers you have will still expire on their expiry date;
Any unused credit on your Smart Mobile Prepaid Account will lapse;
Any names, numbers and other information stored on your SIM may be lost; and
Unless we agree otherwise (for example, if you have transferred to another Smart Mobile plan covered by another agreement with us), any mobile phone number allocated for you to use under this agreement will no longer be available to you.
3. You may temporarily or permanently give up any Additional Service by calling Smart Mobile Customer Services.
4. We may decide to stop providing any or any part of our Services to you. If we do this, we will try to tell you at least one month before we stop providing the service. We may do this by sending you an SMS, emailing or writing to you, calling you or by putting a notice in major daily newspapers. The agreement you have with us will remain in place.
5. Ending this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards.

11. Compensation and Liability

1. Where a Service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know by calling Smart Mobile Customer Services. Where we consider it appropriate, we will contribute to your expenses by providing you with Smart Mobile scratch cards or electronic vouchers, or by adding credit to your Smart Mobile Prepaid Account, to the value we consider appropriate in the circumstances. For us to consider your claim, you must tell us within thirty days after the relevant Service is affected. Smart Mobile scratch cards and electronic vouchers and credits are not available where such an event occurs because we are not given correct information, or because you have not used the Services appropriately, or through other causes beyond our reasonable control, nor are they available where you have not tried to minimize your loss.
2. Clause 11.1 sets out your ability to claim compensation from us. All other liability we may have to you in connection with this agreement, whether in contract, tort (including negligence) or otherwise is excluded. This exclusion applies for the benefit of the following:
All companies directly or indirectly owned, partly owned or controlled by us;
All our officers, employees, contractors and agents; and
Anyone else we are responsible for
none of the people listed above is liable to you or has to pay you for anything else in connection with or resulting from anything any one of those persons does or does not do, or delays in doing, whether or not it is contemplated or authorized by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way any liability might arise if it were not for this clause.

12. Force Majeure

If we are prevented from carrying out any obligation in this agreement by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo, epidemic or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or delay in performing, any such obligation set out in this agreement.

13. Information about you and Privacy

1. The 2009 Telecommunications Regulations require each SIM card issued by us to be registered. When registering your SIM you must present a valid identification card which has your correct name on it.
2. The 2006 Telecommunications Act restricts us from providing the details of a customer’s call history or other account details; we can only provide this information to persons who are authorized to receive it, such as the person to whom the SIM is registered, or if we are served with a governmental or court order, a subpoena or to facilitate investigations by the Inspector General of Police.
3. From time to time we may send you sales and marketing information about Smart Mobile products and services. You can let us know at any time if you do not want to receive sales and marketing information by contacting Smart Mobile Customer Services.
4. We may occasionally monitor telephone calls between customers and our personnel so as to help train our personnel to provide better customer service. Any information we collect by doing this will be used in strict compliance with all applicable privacy laws.
5. You must contact Smart Mobile Customer Services as soon as possible about any change to your name, address or any other details you have provided to us.

14. Changing these terms

1. We may change any of the terms of this agreement, remove existing terms from the agreement, or add new terms into the agreement, at our discretion. Changes may take the form of a completely new agreement.
2. We will give you at least 10 working days’ notice or, wherever possible, one month’s notice of any changes that we consider will have a material detrimental effect on you. In all other cases we will try to give you one months’ notice of any change.
3. We may also change our Charges from time to time. Where we increase any Charges for any of the Services, we will provide you with a minimum of 10 working days’ notice or wherever possible one month’s notice of these changes.

15. Sending notices

We may send you notices by sending you an SMS, by emailing or writing to you, by calling you or by publishing the notice on the Smart Mobile Website.
16. Meeting our responsibilities through agents and service providers
We may have any Smart Mobile-approved agent or any service provider approved by us perform any of our rights and obligations under this agreement. In that case, each of those agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of this agreement which confer benefits on us.

17. Transferring our responsibilities

We may transfer to someone else all or any part of our side of the Agreement you have with us.

18. Severability

Each term of this Agreement is separately binding. If for any reason any term is not legally effective all other terms shall remain binding and we can replace the term that is not legally effective with a term of similar meaning that is lawful and effective.

19. Waiver

A failure or delay by you or us to enforce any rights or powers under this Agreement shall not operate as a waiver of that right or power. A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or subsequent breach.

20. Governing Law

This agreement is governed by the laws of Sierra Leone and you submit to the exclusive jurisdiction of the courts of Sierra Leone in respect of any dispute or proceeding arising out of it.