SAFARICOM ETHIOPIA POSTPAY TERMS AND CONDITIONS FOR INDIVIDUAL CUSTOMERS

Welcome to Safaricom.
These terms and conditions govern and provide information on the Use of Postpay Products and Services and constitute an Agreement between you and Safaricom when using these Products and Services.

Definition
1. "Agreement" means the contract between you and us, made up of these terms and conditions, including the Customer Deposit Refund Form, any special terms and conditions which apply to specific Post-pay Products and Services, Tariff Guide, and any policies or procedures published on our website, which may be varied by Safaricom from time to time.
2. "Customer Deposit Refund Form" means the form completed by you indicating your account details and bank account details where Safaricom shall deposit your refund in line with these terms and conditions.
3. “Consumer Code” means a code of conduct which reflects the rights of our consumers when using our Products and Services, and the process to follow when they are unhappy with our Products and Services and how we serve them.
4. "Credit Limit" means the maximum amount of credit available to you to Use the Products and Services.
5. “Credit allocation” means the credit allowed for you as part of the resources allocated to you under the Plan.
6. “Deposit” means the amount to be deposited by you with Safaricom based on your selected Credit Limit to secure your payment obligations in respect of this Agreement. The Deposit shall remain the same for the duration of the Agreement if there is no change in your Use of the Products or Services.
7. "DIY Plan" is a Postpay Plan that you can subscribe to by yourself through USSD rather than having to go to Safaricom retail centers.
8. “Equipment” means the cellular telephone handset, accessories, SIM Card, starter packs, routers, switches, PABXs, and any other items connected to the Products and Services via your mobile number.
9. “Hierarchy Account” means an account that is registered under an individual (e.g. minor) or a single account with multiple users.
10. Memorable Number”means any type of MSISDN, with a certain identifiable pattern which makes such a number easy to remember.
11. “Mobile Money” means monetary value stored virtually (e-money) in an account associated with a SIM card which allows users to store, send and receive money using their mobile phone.
12. “Monthly Subscription Charges” means the monthly recurring charges payable for Use of the Products and Services in line with the selected Plan.
13. MSISDN” means the mobile number issued to you after you are successfully registered on our network. This number is unique to you and shall be the number that we identify you with.
14. “Postpay” means the Product and Services in terms of this Agreement that requires you to pay after you Use the Products and/or Services at the end of each billing cycle.
15. Products and Services” means basic voice, short message service (“SMS”), data, voice mail, international dialing, international roaming, and/or any other product and services including VAS services that Safaricom makes available to you from time to time in terms of this Agreement.
16. “Regulatory Authority” means the Ethiopian Communications Authority or any similar authority that is established in the future to perform or take over the functions of the Ethiopian Communications Authority.
17. “Safaricom” or “we” or “us” or “our” means Safaricom Telecommunications Ethiopia PLC.
18. “SIM Card” means a card allocated to you to be inserted into your Equipment. The card contains your MSISDN and allows you to Use the Products and Services.
19. “Tariffs” means Safaricom’s charges for the Products and Services in terms of the Tariff Guide and will include the underlying terms and conditions relevant to the Products and Services as varied from time to time. All references to “charges” shall have the same meaning.
20. Tariff Guide” means a guidance catalogue of Products and Services and charges as published from time to time by Safaricom.
21. “Use” means, the making of any chargeable outbound calls, sending chargeable SMSs, accessing data services, re-charging of your account, and for any other Use or access to the Products and Services, in general.
Start Date and Duration
1. This Agreement starts when you are successfully registered on our network and able to Use the Products and/or Services.
2. As part of your SIM registration, you will receive an SMS and/or email alert directing you to our website www.safaricom.et where you will access the Postpay Terms and Conditions.
3. This Agreement will continue unless your account is suspended or deactivated in line with Article 15 below.
Postpay Plan (s)
1. Safaricom shall offer several Postpay plans over time to suit your individual needs, beginning with the Safaricom DIY Plan.
  1. Safaricom DIY Plan
    - You shall subscribe to this Plan through USSD (*777#) or our retail centers.
    - You will not be able to exceed your Credit Limit. We advise you to increase your Credit Limit or pay your outstanding bill to continue to Use our service when you reach your Credit Limit.
    - You will not be able to exceed your Credit Limit. We advise you to increase your Credit Limit or pay your outstanding bill to continue to Use our service when you reach your Credit Limit.
2. All Postpay plans shall include bundled resources i.e. Voice, SMS, Data and credit allocation shall be allocated on the 1st day of each month in the Gregorian calendar. Please note:
  - The credit allocation shall be used as normal airtime to make local calls, international calls, and access VAS services.
  - The credit allocation shall not be transferable / shared with other users.
  - The credit allocation shall not have priority over the bundled resources.
  - The credit allocation shall not be used to purchase bundles.
3. If you join this Plan after the first day of the month, you will still get full resources for the relevant month.
4. The resources will automatically renew at the beginning of every month and shall roll over every month.
5. Postpay plans shall be auto renewable unless the services are suspended, deactivated, or terminated.
6. You will receive threshold notification for the resources upon utilization: The notification will be sent to you upon reaching the following demarcations: such demarcations may be amended or changed by Safaricom from time to time without prior notice to you.
  1. For data resources: 1000MBs, 100MBs and 50MBs, 10MBs and 0MB.
  2. For Voice thresholds: 500 Min, 100Min, 50Min, 25Min, 10Min, 5Min and 0Min.
  3. For SMS thresholds: 500 SMS, 100 SMS, 50 SMS, 25 SMS, 10 SMS, 5 SMS and 0 SMS
Use of Products and Services
1. Safaricom will make reasonable efforts to always avail the Products and Services. However, please be aware that the Products and Services may not always be available due to events beyond Safaricom’s control, such as but not limited to, acts of God, acts of government or regulatory authority, war, riot, terrorist acts, epidemics, civil commotion, interruptions for maintenance or due to electricity outages which may sometimes affect the quality and availability of Products and Services. The Products and Services may also be temporarily interrupted during upgrading, maintenance, and other works that may be required. In such cases, Safaricom will not be responsible for any harm or damage to you. However, Safaricom may alert or send out a generic notification to you insofar as reasonably possible.
International Calling
1. nternational calling service will be available by default.
2. You shall be able to make international calls and send international SMSs.
3. The service shall have specific Terms and Conditions which outline the terms of Use, destinations you will be able to call and applicable tariffs. This information is available on our website at www.safaricom.et.
International Roaming
1. You will have access to international roaming service. International roaming allows you to Use the Products and Services when travelling outside Ethiopia.
2. Access to the roaming service will have to be specifically activated by you on the USSD code *777#.
3. Access to roaming networks will depend upon the arrangements between the foreign network operators and Safaricom and as such only be available in certain foreign countries. We will provide a list of countries that you will be able to roam on our website www.safaricom.et or upon your request to the Safaricom call center.
4. We do not have control over your roaming charges. We only have control over our roaming tariffs as set out in our Tariff Guide. The total charges applicable to roaming services come from the host /visited network (which may include a minimum charge) plus Safaricom’s charges at the prescribed rates set out in the Tariff Guide.
5. For International Roaming terms and conditions, please visit our website www.safaricom.et and our retail centers.
Charges
1. You agree to pay us the relevant charges for the provision of the services, whether you or someone else Use(s) the services.
2. The applicable charges shall include the following.
  1. Deposit
    - You can access Postpay products and services within your credit limit where the value is less or equal to your credit limit.
    - You shall be required to pay the Deposit which shall be double the selected Credit Limit (Deposit = Double Credit Limit). E.g., If you select a Credit Limit of Br. 1000, your required Deposit shall be Br. 2000.
    - The Deposit will be paid through bank transfer, or in our retail centers.
  2. SIM Card Charge, Subscription and Usage charges
    - If you do not have a sim card to migrate from Prepay to Postpay, you will be required to pay for the SIM Card.
    - You shall also be charged the Monthly Subscription Charge which shall cover the monthly resources that you receive under your Plan.
    - You shall have visibility of your monthly charges on the ‘Bill payment” menu on the USSD Code *777# and enquiry in our retail centers or such channels that Safaricom shall make available in the future.
    - You will be liable to pay for any usage beyond your Credit Limit.
  3. Credit Limit
    - You shall always maintain a Credit Limit equivalent to your plan every month.
    - You will have the option to increase or decrease your Credit Limit amount on USSD (*777#), our retail centers or such channels that Safaricom will avail in the future.
    - When you increase your Credit Limit, you will be required to pay an additional Deposit which is double your new Credit Limit.
    - You will receive an SMS alert upon successfully increasing or decreasing your Credit Limit.
    - You will only be able to reduce your limit only if your total bill at the time of the request is less than or equal to the intended new Credit Limit.
    - You will have the option to increase or decrease your Credit Limit amount via USSD or any channels that Safaricom will avail in the future.
3. Your monthly charges will appear on the bill immediately following the month in which charges were incurred. In certain circumstances (e.g., roaming charges), due to operational matters beyond our control, the application of charges to your bill may be delayed. You are nevertheless required to pay all billed charges when they fall due, as stated on your bill.
4. Tariffs in respect of the Products and Services are set out in our Tariff Guide available on our website at www.safaricom.et.
5. All our Tariffs are inclusive of Value Added Tax as well as any other taxes which apply to the Products and Services in accordance with the applicable law.
6. We reserve the right to evaluate your creditworthiness before or after the provision of the Products and Services as well as to set a Credit Limit and to require an additional Deposit from you.
Billing
1. Unless otherwise specified by us:
  1. SIM Card Charge and Deposit shall be billed and be payable immediately as part of the SIM card registration or migration from Prepay to a Postpay line for Use of the Products and Services.
  2. Monthly Subscription Charges shall be billed monthly in arrears, in accordance with the Tariff Guide.
2. Bills shall be available in either paper or digital format in Amharic and in English. We may provide translation in one or more official regional working languages of Ethiopia upon your request.
3. Upon your request, Safaricom shall provide you with a detailed billing statement, showing you the description of the charges which you have been billed for.
4. Billing queries shall be submitted to Postpay@safaricom.et. Other information for billing inquiries shall be made known to the Consumer via our website, and our service centers in line with our Consumer Code.
Payment Terms
1. You must pay your bills by the 15^th of the month in the Gregorian calendar following the month in which they are due. If payment is not received until the 24^th of the relevant month, Safaricom may apply soft barring on your access and Use (suspending outgoing Calls, SMS and Data) and on the 30th apply hard barring (suspension of all outgoing and incoming calls, SMS and data services) if no payment is received.
2. You may make payment by cash, Mobile Money and/or bank transfer, as applicable and communicated by us.
3. You will have the option to pay your bill either in full or partially before the due date. You may also pay for the bills in advance and the credit amount will be netted off on your next month’s bill.
4. You will also be able to pay bills for other numbers (‘sponsored number’).
5. If we do not receive your timeous payment of any bill and/or have not received any objection (acceptable to Safaricom) to the billed amount, then we may:
  - Suspend your access to the Products and Services; and/or
  - Institute legal actions for the recovery of the debt.
  - May take any other necessary actions for the recovery of the debt.
6. We reserve the right to set off any sums owed by you under this Agreement against any Deposit under this Agreement or any other agreement with you.
7. You will be responsible for all the applicable charges for using the Products and Services whether the Use of the Product and Services occurred through you or someone else with or without your authority or knowledge.
SIM Cards and Mobile Numbers (MSISDN)
1. The MSISDN allocated to you will always remain the property of Safaricom and is issued to you together with the SIM Card which shall always remain the property of Safaricom.
2. If your SIM Card is lost, damaged, or stolen, you must immediately contact Safaricom by calling 700. Safaricom will then upon verification of the original registration and ownership of the SIM Card, block the SIM Card to prevent further Use of the Products and Services until the SIM Card has been replaced. Please be aware that the blocking of a SIM Card is dependent on several factors, which may be beyond our control. For this reason, we will not be held liable for any delays in such blocking.
3. You will be responsible for all charges up to the time of blocking the SIM Card by Safaricom.
4. Safaricom may charge you a reasonable administrative fee for replacing and delivering the replacement SIM Card. The replacement fee shall be available on our website at www.safaricom.et.
5. f Safaricom is forced to change or reassign your MSISDN to meet regulatory requirements or other legal requirements, we will attempt to notify you. However, Safaricom will not have any liability towards you.
6. Your MSISDN will always be identifiable if calling 991 or 112 (National Emergency Numbers) or any other designated emergency assistance number.
7. In the case where we have a facility/service which eliminates the presentation of your number (i.e., for calls other than emergency calls), Safaricom may charge you a reasonable tariff for such a facility which shall be displayed on our website at www.safaricom.et or in our retail centers.
8. For your own protection, you must keep confidential all personal identification or security numbers relating to your Use of the Products and Services. This applies to your SIM Card, MSISDN, and/or Equipment.
Number Selection/Reservation
1. Postpay services will have a specific number range determined by Safaricom.
2. You will be able to select and reserve a preferred number on this specific number range on USSD (*777#) subject to availability.
3. Safaricom will notify you through SMS if you have successfully reserved a number.
4. A number can only be reserved for 72 hours from receipt of the confirmation message from Safaricom. Within this period (72 hours), you must visit a Safaricom store to finish the number reservation process, confirm the Plan and pay applicable payments under this Agreement.
5. If you reserve the number but don’t secure it as shown under 11.4, the number reservation will no longer be valid.
6. Safaricom may also offer you the opportunity to select an easy-to-remember number (“Memorable Number”). However, please note that the Memorable Number will depend on the availability of the preferred number and there are different charges for each Memorable Number category. You can find out the charges for the Memorable Number you want from our website at www.safaricom.et. Memorable Numbers cannot be reserved. You must visit the Safaricom retail centres for this service.
Equipment
1. Ownership of any Equipment provided to you in connection with the Products and Services, will remain with us and may be transferred to you upon:
  1. payment of the full purchase in respect of the Equipment; and/or
  2. under such conditions as Safaricom may determine.
2. You will be responsible for any loss or damage to the Equipment from the point of delivery to you. We advise you to insure your Equipment against any loss, theft, or damage at the replacement value of the Equipment.
Your Responsibilities and Commitments
1. You agree to comply with all instructions that Safaricom may direct from time to time regarding the Use of the Products and Services.
2. You agree to abide by this Agreement and any laws that apply to you for the registration of your SIM card and Use of the Products and Services.
3. You will not Use the Products and Services for any purpose that causes a nuisance or is abusive, offensive, illegal, fraudulent, or for any activities that are criminal under the laws of Ethiopia.
4. You will not sell the Products and Services without Safaricom’s permission in writing.
5. Safaricom may provide access to and/or offer the services of third parties such as Value-Added Services from time to time. Safaricom shall clearly communicate the terms and conditions which apply to the services. It is your responsibility to read and understand the terms of such services before you Use them. Safaricom will not in any way be responsible for any loss, nuisance, or damage that may be suffered by you concerning such services.
Migration
1. Prepay to Postpay migration is allowed through USSD (*777#) and any other channels that Safaricom will avail in the future.
2. Prepay to Postpay migration is however only allowed if you are an individual Prepay customer and not for numbers registered under a Hierarchy Account.
3. If you successfully migrated, you will receive a welcome SMS message or an email notification.
4. Safaricom reserves the right to migrate your Postpay Plan to Prepay when you fail to comply with your payment obligations under this Agreement.
Suspension and Deactivation of the service
1. Safaricom may suspend, restrict, or terminate the provision of some or all the Products and Services without informing you and without any liability under the following circumstances:
  1. If Safaricom becomes aware or has reason to believe that your Use of the Products and Services is unauthorized, unlawful, fraudulent, or contrary to these terms and conditions.
  2. if there has not been the Use of the Products and Services for a period of over one hundred and eighty (180) days.
  3. If you fail to pay your outstanding bills on time as provided under 9.5.
  4. If you notify us that your SIM Card has been lost or stolen.
  5. If you do anything (or allow anything to be done) which may, in Safaricom’s view, damage or affect the operation or security of the Products and Services; and/or
  6. or reasons beyond Safaricom’s control.
    Safaricom will, where possible, try to inform you that such action is or may be taken.
2. Upon suspension, deactivation of the services or termination of this Agreement, Safaricom shall refund the Deposit to you within 30 days of the month following suspension, deactivation and/or termination of the services.
3. Safaricom will not refund the Deposit to you where;
  1. You are in arrears with your payment obligations,
  2. The suspension or deactivation of the service results from unauthorized, unlawful, fraudulent Use or Use which is contrary to this Agreement.
4. Where your SIM Card has been deactivated permanently, any credit balance in your account will be forfeited.
5. Where Safaricom has suspended or restricted access to the Products and Services for any of the reasons under 15.1, any reconnection will be at Safaricom’s discretion, and a reconnection fee may be charged. Please visit our website at www.safaricom.et, our retail centers or call our Call Centre to find out about this service and applicable Tariffs.
6. Where Safaricom has suspended or restricted your access for failure to pay your outstanding bill, any reconnection request will only be entertained after you have paid your outstanding bill in full.
7. Following the deactivation of your SIM Card, Safaricom reserves the right to recycle the mobile number and make it available for sale to another customer. Safaricom will not be liable to you for the deactivated number.
8. Where you ask us to reserve your number such that it is not terminated for not being in Use, such number can only be reserved for up to twelve (12) months from the date of notification. Thereafter, it will be terminated after one hundred and eighty (180) days of no activity or no notice to further reserve the number.
Right of Assignment
1. You may not assign, transfer, or delegate, or purport to assign, transfer or delegate, any of your rights or obligations under this Agreement without our prior written consent, which shall not be unreasonably withheld. However, you will be required to furnish Safaricom with all documents, payments, and discharges necessary to effect the transfer. In cases of transmission upon death and/or liquidation, we may require proof of heirship or appointment as liquidator to effect any such transmission.
2. We may, however, transfer, assign or delegate any or all our rights under this Agreement to any third party including our subsidiaries or associated companies.
Law and Dispute Resolution
1. This Agreement is subject to and governed by the laws of Ethiopia.
2. Safaricom, aims to resolve your complaints as soon as practically possible to give you a better customer experience as our valued customer. In this regard, Safaricom will endeavour to respond to complaints promptly and give feedback to you within seven (7) working days.
3. For a detailed process on how we will handle your complaint, please check our Consumer Code accessible on our webpage at www.safaricom.et and in printed paper format within a reasonable time upon receiving your request. We will also display must-know consumer rights, regarding Products and Services in our retail centers.
4. All disputes which cannot be mutually settled between us will be referred to the Regulatory Authority in line with the applicable law.
Notices
1. Any notice required to be given to us will be deemed to have been given if posted by registered mail or delivered by hand or courier against a signature of our employee authorized to receive such notice. Notices must be sent through postpay@safaricom.et or to the Safaricom Head Office.
2. We will give notice by SMS, or by registered email.
General
1. We reserve the right to change this Agreement, charges, and/or terms and conditions relevant to the Products and Services and will inform you about any such changes within a reasonable time, by publishing the same on our website at www.safaricom.et or in any other relevant way available to us. You are advised to keep checking our website for any changes to the Products and Services and your continued Use of the Products and Services shall be understood to be your acceptance of such changes.
2. If there are any differences between the printed version of this Agreement and the online version available on Safaricom’s website at www.safaricom.et the online version will apply.
3. The Products and Services which you Use may have specific terms and conditions published on our website, such specific terms and conditions will form part of these terms and conditions. If there is any difference between these terms and conditions and any product-specific terms and conditions, then the product-specific terms and conditions will apply to clarify the difference.
4. We shall protect and keep your personal information and communication private and shall not disclose it to any unauthorized persons. We shall also only process your information in accordance with the law. How Safaricom processes your personal information is detailed fully in our Privacy Policy provided in our Consumer Code, which is on Safaricom’s website at www.safaricom.et.
5. Safaricom will not be liable for any loss or damage (including indirect loss) relating to the Products and Services, except for any liability accepted by law.
6. If any term or condition of this Agreement is not valid or cannot be enforced for any reason, this will not affect the remaining terms and conditions, which will still apply.
7. Failure by either Safaricom or you to enforce any rights under this Agreement will be without prejudice to any available legal remedies.
8. Our mutual obligations under this Agreement will be suspended for thirty (30) days if same are impossible to perform due to circumstances beyond our reasonable control which shall include, but not be limited to, acts of God, acts of government or regulatory authority, war, riot, terrorist acts, epidemics, or civil commotion. If such delay or failure continues for more than thirty (30) days, then either of us may terminate this Agreement with immediate effect by notice in writing to the other. Upon such termination, all amounts owed by you shall immediately become due and payable.