TERMS AND CONDITIONS
PART I: SUBSCRIBER AGREEMENT
1. SUBSCRIBER AGREEMENT FORM
[Explanatory Note: If the Subscriber purchases Terminal Equipment at a subsidized price from Swazi MTN or its agent both Part I and
Part II below shall apply otherwise only the provisions of Part I shall apply].
22.214.171.124. A mobile to mobile call is a call made within the Kingdom of Eswatini from one Terminal Equipment to another where both Terminal Equipments are connected to PLMN (cellular network) in the Kingdom of Eswatini.
4.8. Subject to any different provisions of the Tariff Guide from time to time:
4.8.1. Local and Inclusive units will be charged/calculated in units of 60 seconds for the first unit and in 30 second units thereafter. If the Subscriber uses any part of a unit the Subscriber shall be liable for the full charge in respect of that unit.
4.8.2. International calls are charged in the units referred to above and at the rate applicable from time to time in respect of the particular package to which the Subscriber subscribes, to which are added the charges levied by EPTC for calls to the country to which the international call is made.
In this Agreement unless otherwise indicated, the words defined below shall have the meanings assigned to them:-
I.1. ‘Activation’ means the enabling and activation of a SIM Card at Swazi MTN ’s Premises by Swazi MTN to operate on the Network in terms of this Agreement;
1.2. Agreement” means the Schedule and these terms and conditions in Part I and, where applicable, Part II;
1.3. ‘Charges’ means the Connection Charges, Monthly Service Charges, Usage Charges and any other Charges pertaining to the provision of the Network Services, SIM Cards and any other services howsoever described, byMTN Eswatini to the Subscriber, as detailed in the Tariff Guide from time to time;
1.4. ‘Connection Charge means the Charge levied by MTN Eswatini on the Subscriber in consideration for the activation of the Subscriber’s SIM Card;
15. “GSM’ means Global System for Mobile Communications as defined in the European Technical Standards Institute structure of specifications;
1.6. ‘Initial Period’ means a period of 24 (TWENTY FOUR) successive months commencing from the date of Activation which date shall be set out in the first bill sent to the Subscriber;
1.7. ‘Installation’ means the installation of Terminal Equipment in a vehicle or other location specified by the Subscriber in an Order;
1.8. ‘a month’ shall mean a period which commences at OOhOO on a particular day of a calendar month determined by MTN Eswatini and shall endure until OOhOO on the same day of the following calendar month;
1.9. ‘Monthly Service Charge means the monthly charge levied by MTN Eswatini in consideration for the Subscribers access to and use of the Network Services, as detailed in the Price List from time to time;
1.10. ‘MTN Eswatini “means Swazi MTN Limited, Registration Number 407/98;
1.11. ‘MTN Eswatini ’s Premises’ means the offices of MTN Eswatini at the address set out in the Schedule.
1.12. ‘MSISDN’ means the Mobile Station International Subscriber Directory Number (otherwise known as the mobile telephone number) programmed into each SIM Card;
1.13. ‘Network’ means the cellular telephony system operated by MTN Eswatini ;
1.14. ‘Network services’ means the GSM Telecommunications Network Services, including Value Added Services, made available to the Subscriber by MTN Eswatini in terms of this Agreement;
1.15. “Order’ means and Order placed by a Subscriber on MTNEswatini , as per the Schedule or in any other form approved by MTNEswatini , for the provision and/or Installation of Terminal Equipment, SIM Cards and/or use of the Network Services;
1.16. ‘PLMN” means Public Land Mobile Network;
1.17. ‘Prime Rate “means a rate of interest per annum which is equal to the published minimum lending overdraft rate of interest per annum [plus 3% (three percent) of MTNEswatini , compounded monthly in arrears and charged by such bank to the unsecured overdrawn current accounts of its most favoured corporate clients in the private sector from time to time]. In the case of a dispute as to the rate so payable the rate shall be certified by any manager of assistant manager of the said bank, whose decision shall be final and binding on the Parties;
1.18. “the Schedule” means the Order or application form section of this Agreement to which these terms and conditions are attached or printed overleaf;
1.19. ‘SIM Card’ means a Subscriber Identity Module incorporating an ICC and MSISDN which, when activated by MTNEswatini, provides a Subscriber using compatible Terminal Equipment with access to the Network Services;
1.20. “EPTC” means Eswatini Post &Telecommunications Corporations:
1.21. “Subscriber” means that party whose details appear on the Schedule;
1.22. “Tariff Guide” means that schedule on which the Charges levied by MTN Eswatini are recorded, as amended from time to time, whits Tariff Guide available on request room MTN Eswatini
1.23. “Terminal Equipment” means a GSM Terminal and accessories used by the Subscriber to send and/or receive messages conveyed by the Network;
1.24. “Usage Charges” means the Charges charged by MTN Eswatinito the Subscriber for recorded usage of the Network Services, as published in the Tariff Guide from time to time;
1.25. ‘Value Added Services” means those secondary services provided by MTN Eswatiniwhich are part of the Network Services or maybe provided at additional charges. They may be introduced or withdrawn by
MTN Eswatini at its discretion.
2. COMMENCEMENT AND TERMINATION
2.1 This Agreement shall commence on the date of Activation of a SIM Card Issued to the Subscriber by MTNEswatini and shall, subject to the provisions of 7, continue for the Initial Period. Thereafter the
Agreement will continue automatically on the same terms and conditions for an unlimited period unless terminated:
2.1.1. by the Subscriber, on expiry of the Initial Period, by giving to MTN Eswatini30 (thirty) days written notice before the expiry of the Initial Period, or
2.1.2. by the subscriber, at any time after the expiry of the Initial Period, by giving 30 (thirty) days written notice to MTNEswatini; or
2.1.3. by MTNEswatini, on written notice to the Subscriber if the license issued to MTN Eswatini in terms of which MTN Eswatini is authorized to give Subscribers access to the Network Services is terminated for whatsoever reason, or
2.1.4. by MTN Eswatini, in the event of non- payment of any of the charges levied by MTN Eswatini of breach of any of the provisions of the contract by the Subscriber.
2.2. Notwithstanding the use of agents or other Intermediates by MTNEswatini, the Subscriber shall make an offer by placing an order on MTN Eswatiniwhich will be considered once received by MTN Eswatiniat MTNEswatini’s Premises, If MTN Eswatini accepts the offer, it shall activate the SIM Card as set out in 2.1.On Activation this Agreement shall become binding between MTN Eswatiniand the Subscriber whether or not the Subscriber was notified of the acceptance of the offer.
2.3. If any SIM Card is supplied to the Subscriber and activated at any time in terms of a later agreement between MTN Eswatiniand the Subscriber, which agreement was entered into after this Agreement, then such SIM Card shall be governed by the terms and conditions of the later agreement
3. SUPPLY OF SIM CARDS, INSTALLATION AND NETWORK SERVICES
3.1. The Order placed by the Subscriber on MTN EswatiniIs subject to MTN Eswatini’s approval in its sole discretion. MTN Eswatini shall not be under any obligation to the Subscriber to give reasons for its decision.
3.2. MTN Eswatini shall try to promptly comply with any supply and/or delivery and/or installation requirements recorded in the Order, but shall not liable to the Subscriber in the event that such supply and/or delivery and/or installation is delayed or cancelled, for whatsoever reason. MTN Eswatini may refer the Subscriber to a third party to undertake the installation in its own name.
3.3. The Subscriber shall obtain all necessary approvals and authorities required for the purpose of any such supply and/or delivery and/or installation, and the Subscriber hereby indemnifies MTN Eswatini against any claim or liability suffered by MTN Eswatini if such approvals and authorities are not obtained.
3.4. All risk in and to SIM Card supplied and delivered by MTN Eswatini to the Subscriber shall pass to the Subscriber on delivery
3.5. If a SIM Card is lost, stolen or damaged, the Subscriber shall immediately notify MTN Eswatini in writing and until notification, the Subscriber is liable for all costs and charges pertaining to the SIM Card. MTN Eswatini shall as soon as reasonably possible, issue to the Subscriber a replacement SIM Card, and may require the Subscriber to pay a reasonable charge in respect of the cost of the replacement. Loss, theft or dame and/or the issue of a replacement SIM Card and/or the allocation of a new MSISDN for any reason, shall not affect this Agreement which shall continue to be of full force and effect.
3.6. The Subscriber hereby warrants and undertakes in favour of MTN Eswatini that the Subscriber:-
3.6.1. shall not use nor allow the Network Services to be used for any Improper, immoral of unlawful purpose, nor in any way which may cause injury or damage to persons or property or an impairment or interruption to the Network Service;
3.6.2. shall only use Terminal Equipment approved by MTNEswatini , and comply with all relevant legislation and regulations imposed by any competent authority and all directives issued by MTN Eswatini relating to the use of Terminal Equipment, Network Services and SIM Card;
3.6.3. recognises that no right title or interest in the software, the MSISDN or the ICC contained in each SIM Card issued to the Subscriber, vests in the Subscriber;
3.6.4. shall not, nor permit any third party to, reverse engineer, decompile, modify or tamper with the software, the MSISDN or the ICC contained in, or pertaining to, any SIM Card.
3.7. Value Added Services may be provided subject to the discretion of MTNEswatini and may be charged for or withdrawn at any time by MTNEswatini in its sole discretion. If MTN Eswatini withdraws any Value Added Services for which a subscription fee is charged, no further subscription fee will be charged thereafter. Notwithstanding its Activation, the SIM Card shall be barred from making cal_ to and from any place outside the Kingdom of Eswatini (international calls and international roaming), and will only be unbarred for a specified period on written request by the Subscriber submitted to MTN Eswatini at least five working days before date of unbarring in the form prescribed by MTN Eswatini from time to time. MTN Eswatini reserves the right to refuse to unbar the. SIM Card as contemplated herein without furnishing reasons therefore, and may require the Subscriber to first provide a security deposit in any amount before the SIM Card is unbarred.
4.1. In consideration for the provision of the Network Services,SIM Cards and any other services supplied by MTNEswatini to the Subscriber, the Subscriber shall pay MTNEswatini the applicable Charges, as detailed In the Tariff Guide, whether or not the Network Services have been, or are being used by the Subscriber MTNEswatini may require payment of a deposit on signature of this Agreement, which may be refunded to the Subscriber all the termination of this Agreement, provided that the Subscriber has complied with the provisions of the contract and there are no outstanding amounts owing by the Subscriber to MTNEswatini .
4.2. MTN Eswatini may, by written notice to the Subscriber, vary future Charges, either in whole or in part, with effect from the date specified in such notice.
4.3. The Subscriber shall make payment to MTN Eswatini :-
4.3.1. for the supply and delivery of Terminal Equipment Installation and SIM Cards in full, on presentation of invoice and against delivery;
4.3.2. of Monthly Service Charges, monthly in advance, and of all other Charges, monthly in arrears, in full, within 21 (TWENTY ONE) days from date of the relevant invoice.
4.3.3, at MTNEswatini , The Subscriber shall have discharged its obligations only when payment is received by MTN Eswatini at its Premises, or by the bankers of MTN Eswatini
4.4. MTN Eswatini may at any time on reasonable written notice to the Subscriber vary its invoicing and payment procedures requirements.
4.5. MTN Eswatini shall send the monthly accounts (“bill”) to the Subscriber at the address in the schedule. The Subscriber shall check the bill in order to ensure that the contents thereof are correct Unless a query is raised in respect of the contents of a bill within 30(thirty)’days from the date thereof, it shall be deemed correct
4.6. Any change from one Package Option to another shall for the duration of this Agreement be subject to MTNEswatini ’s approval in its discretion and MTN Eswatini shall be entitled to levy fees for changes, such fees may not exceed the amounts approved or fixed by the responsible regulatory Authority from time to time.
4.7. If your contract includes free minutes (“inclusive minutes”):
4.7.1. No usage charges will be payable for the inclusive minutes.
4.7.2. Inclusive minutes must be used during one month as defined in 1.8. Unused minutes will be forfeited.
4.7.3. MTN Eswatinishall, in its sole discretion determine the commencement date of the month during which the inclusive minutes may be utilised.
4.7.4. In the event that the commencement date of this Agreement falls on a day other that the commencement date of a month, then the inclusive minutes shall be pro-rata for the remaining portion of the month. In the event that the Inclusive minutes may only be utilised on the weekend and the Agreement commences after the last weekend in any month, the Subscriber shall not be entitled to any inclusive minutes during that month.
4.7.5 Where the Subscriber subscribes to the contract with weekend only inclusive minutes, the inclusive minutes may only be utilised on the weekend between midnight on Friday and midnight on Sunday
4.7.6 Inclusive minutes, where they are applicable to a contract, shall be limited to local and mobile to mobile calls within the Kingdom of Eswatini as well as calls to the Value Added Services to which the Subscriber has free subscription from time to time. International calls, calls made while roaming overseas and calls to Value Added Services other than those to which the Subscriber has free subscription, are specifically excluded. For purposes of this 4.8, but subject to the provisions of the Tariff Guide:
126.96.36.199 A local call is a call made to a destination within the Kingdom ofEswatini .
188.8.131.52 A mobile to mobile call is a call made within the Kingdom of Eswatini from one Terminal Equipment to another where both Terminal Equipments are connected to a PLMN (Cellular network) in the Kingdom ofEswatini
5.1. MTN Eswatini may at any time, without notice to the Subscriber and in any manner whatsoever, suspend the Subscriber’s access to the Network Service if:-
5.1.1. any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever, to the Network Services or the Network;
5:1.2. the Subscriber fails to perform any of his obligations, or breaches any terms of this Agreement (in which event MTNEswatini may also suspend the Subscriber’s use of the terminal equipment); ‘
5.1.3. the Subscriber at any time exceeds the credit limit which MTN Eswatini shall set and notify the Subscriber of, from time to time;
5.1.4 Subscriber has used or is using the service or equipment for illegal purposes or in violation of the conditions of the Agreement.
5.1.5 In case that there is a force majeure event encountered by MTN;
5.1. 6. Subscriber has died or ceased to be a juristic person;
5.1.7 Subscriber has used false documents to apply for the service;
5.1.8 The use of the service of Subscriber is over the credit limit amount agreed upon between the parties.
5.1.9 The Subscriber has failed to make payment of the Service Charge and/or fees after the due date.
5.2. MTN Eswatini may require the Subscriber to pay any applicable reconnection Charges.
5.3. If the Subscriber’s access to the Network is suspended, the Subscriber shall still be liable for the Monthly Service Charges during that period.
6. LIMITATION OF LIABILITY
MTN Eswatini shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber whether same Is direct or consequential, if:-
6.1. MTN Eswatini fails for any reason whatsoever to supply and/or deliver and/or provide installation of any Terminal Equipment or SIM Cards, either on the required date, or at all, and/or
6.2. the Network Services are interrupted, suspended or terminated, for whatsoever reason and/or
6.3. MTNEswatini fails to suspend the provision of the Network Services to the Subscriber in terms of an arrangement between MTNEswatini and the Subscriber or after the Subscriber has specifically requested MTN Eswatini to do so in order to limit the Usage Charges; and/or
6.4. such loss or damage was caused by any negligent actor omission on the part of MTNEswatini , Its employees or its agents.
7.1. In the event that the Subscriber breaches any term of this Agreement, then without prejudice to MTNEswatini ’s other rights in terms of this Agreement or at Law, MTN Eswatini may forthwith and without notice to the Subscriber, either terminate this Agreement, or call for specific performance of all the Subscriber’s obligations and immediate payment of all sums of money owing at present or in the future by the Subscriber, and/or payments of such damages as it may have suffered by reason of such breach or failure. Until MTN Eswatini has chosen its remedy in terms of this clause, MTN Eswatini shall not be obliged to perform any of its obligations under this Agreement. The Subscriber shall remain liable for the payment of all amounts owing by the Subscriber in terms of this Agreement, at present and in future.
7.2. MTN Eswatini shall be entitled forthwith without notice, to terminate this Agreement in the event that the Subscriber is sequestrated or liquidated.
7.3. If the Subscriber breaches this Agreement, the Subscriber shall be liable to pay MTN Eswatini all the Monthly Service Charges as set out in the Tariff Guide which would have been payable to MTN Eswatini in respect of the remainder of the period of this Agreement.
8.1. Should MTN Eswatini and the Subscriber agree that MTN Eswatini shall arrange for the insurance of terminal equipment, MTN Eswatini shall not be liable to the Subscriber under any policy issued or declined pursuant to the Subscriber’s election to take insurance as provided in the Schedule.
8.2. When insurance becomes available it shall be the responsibility of the Subscriber to obtain and familiarise himself with the terms and conditions of the applicable insurance policy.
8.3. If insurance is available and the Subscriber has elected to take tip insurance the Subscriber shall ensure that the premiums in respect of the insurance policy are paid on time and in full. If MTN Eswatini omits Insurance Charges from a bill to the Subscriber, the Subscriber shall forthwith notify MTN Eswatini of such omission. MTN may debit the Subscriber’s account with any amounts due for insurance in arrears, subject to any terms and conditions which maybe applicable under the relevant policy
8.4. Any queries which the Subscriber may have regarding or arising from the Insurance of the Terminal Equipment and related risks, shall be directed to the Insurance administrators or brokers, as the case may be, whose particulars may be obtained by the Subscriber from MTN Eswatini when insurance becomes available.
9.1. If the Subscriber fails to effect payment of any amount owing by it to MTN Eswatini on the due date, then the Subscriber shall be liable to pay interest to MTNEswatini on the amount so owing, at the Prime Rate from due date to date of payment
9.2. All prices and charges set out in this Agreement and any Tariff Guide are inclusive of Sales Tax applicable inEswatini .
9.3. The rights and obligations of the Subscriber in terms of this Agreement may not be ceded or delegated by it to any third party. MTNEswatini may cede and delegate its rights and obligations to any other party on written notice to the Subscriber.
9.4. MTNEswatini may change the terms and conditions of this Agreement as a result of changes in taxes, laws, regulations, the terms and conditions of the license issued to MTNEswatini , or any similar circumstances or events. MTN Eswatini shall notify the Subscriber of any of these changes.
9.5. This document contains the entire agreement between the Parties regarding the matters contained herein, and no other warranties, undertakings and/or representations have been made by MTN Eswatini or any party or agent of MTNEswatini .
9.6. No indulgence, leniency or extension of time which MTN Eswatini may show to the Subscriber shall in any way prejudice MTN Eswatini or prevent MTN Eswatini from exercising any of its rights which have arisen in the past or which may arise in the future.
9.7. This Agreement and all matters of disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the Kingdom ofEswatini.
9.8. A certificate under the hand of any manager of MTN Eswatini certifying the amount of any amount owing by the Subscriber to MTN Eswatini shall be sufficient proof for the purposes of enabling
MTN Eswatini to obtain any judgement or order against the Subscriber.
9.9. If any term, condition, agreement, requirement or provision contained in this Agreement is held by any court having jurisdiction to be unenforceable, illegal, void or contrary to public policy, such term, condition, agreement, requirement or provision shall be of no effect whatsoever upon the binding force or effectiveness of any of the remainder of this Agreement, it being the intention and declaration of the parties that had they or either of them known of such unenforceability, illegality, invalidity or that the provision was contrary to public policy, they would have entered into a contract, containing all other terms and conditions set out in this Agreement.
9.10. The Subscriber hereby authorises MTN Eswatini to disclose the Subscriber’s name, address, and personal details to any party, whenever it is reasonably necessary for MTN Eswatini to properly perform its functions or protect its interests, or for the purpose of enabling MTN Eswatini to provide emergency Network Services to the Subscriber, or directory or repair services and information to Network users generally, provided that MTN Eswatini takes all precautions required of it, to protect such information from being disclosed unnecessarily.
9.11. Each of the Parties choose their respective addresses set forth in Clause 1 and/or the schedule for the purposes of the giving of any notice, the serving of any process and for any purposes arising from this Agreement.
9.12. Each of the Parties shall be entitled from time to time, by written notice to change its address to any other address within the Kingdom of Eswatini which is not a post office box or poste restante.
9.13. Any notice given and any payment made by a Party to the other (“the addressee”) which:
9.13.1 is delivered by hand during the normal business hours of the addressee, will be presumed to have been received by the addressee at the time of delivery. If delivery is made by the Subscriber or the Subscriber’s agent, proof of receipt must be obtained by the party making the delivery;
9.13.2. is posted by prepaid registered post from an address within the Kingdom ofEswatini to the Subscriber or MTN Eswatini at the address nominated for the time being, will be presumed to have been received by the addressee on the seventh day after the date of posting.
9.14. The term ‘writing” includes communications by telex and/or facsimile. Communication by telex and/or facsimile shall be deemed to have been received by the addressee forty-eight hours after the time of transmission.
9.15 If MTNEswatini institutes legal proceedings against the Subscriber to recover amounts due to MTNEswatini or takes any other legal steps arising out of this Agreement, the Subscriber shall be liable for legal and collection commission on the attorney and client scale. Further , the parties consent to the jurisdiction of the Magistrate Court in all matters pertaining to this agreement that would otherwise be beyond the jurisdiction of the said court.
9.16. All risk in and to Terminal Equipment supplied and delivered by MTN Eswatini to the Subscriber shall pass to the Subscriber on delivery.
9.17. MTNEswatini ’s obligations in terms of any warranties shall be limited to the warranty provided by the manufacturer of the Terminal Equipment. All transport costs shall be for the Subscribers account
9.18. If the Subscriber discovers any fault of defect in the Terminal Equipment, the Subscriber shall, within three (3) days of purchase, return the Terminal Equipment to MTN Eswatini in the same condition and packaging as the Terminal Equipment was purchased with the proof of purchase and MTN Eswatini shall, provide the Subscriber has not utilised more than 5 minutes airtime, replace the damaged/faulty Terminal Equipment. If the Subscriber does not return the Terminal Equipment packaging to MTNEswatini, MTN Eswatini may charge the Subscriber a packaging fee.
10. REFUSAL OF PROVISION OF SERVICE:
MTN Eswatini may promptly refuse to provide the service in the following events:
10.1 It shown that Subscriber is in the list of Service Charge and/or fees outstanding payment
system of MTN Eswatini;
10.2 It shown that Subscriber is or has been suspended or terminated the service due to any reason whatsoever.;
10.3 It is discovered and proven that Subscriber forged the necessary documents required for entering into the
Agreement or the documents are incorrect or incomplete as specified by MTN Eswatini.
10.4 The Subscriber is not qualified or does not use the service according to the Terms and
Conditions specified by MTN Eswatini.
MTN Eswatini may at any time, without notice to the Subscriber, terminate the Subcriber’s access to the Network Service if:-
11.1 Subscriber has died or ceased to be a juristic person;
11.2 If Subscriber fails to make payment of fee and Service Charge later than the due date and MTN has sent a written warning to the Subscriber;
11.3 MTN has reason to believe that Subscriber has a fraudulent behavior or has used the
service for illegal purpose or has committed a breach of the conditions of the Agreement;
11.4 MTN is unable to provide the service to Subscriber due to the events which are beyond
control of MTN;
11.5 Termination by the provisions of laws of the Kingdom of Eswatini.
PART II: CONDITIONS FOR SALE OF TERMINAL EQUIPMENT AT A SUBSIDISED PRICE
10. SALE OF TERMINAL EQUIPMENT AND CONDITIONS APPLICABLE
10.1. The sale of TerminaI Equipment by MTNEswatini may in the future be provided to the Subscriber at a subsidised price asset out in the Schedule and shall be subject to the following terms and conditions:
10.1.1. In the event of early termination of this Agreement for whatsoever reason, MTNEswatini shall have the right to claim from the Subscriber an amount equal to the amount of the subsidy.
The Subscriber shall be obliged to pay MTNEswatini this amount on demand. If the Subscriber fails to pay this amount to MTNEswatini , the Subscriber shall immediately return the
Terminal Equipment to MTN Eswatini in good working order,and shall not be entitled to receive any refund therefor.
10.1.2. MTNEswatini shall own the Terminal Equipment until payment is received in full. If MTN Eswatini has subsidised the Terminal Equipment the Subscriber will be liable to pay MTN Eswatini all amounts due to MTN Eswatini (including the subsidy) until the expiry of the Initial Period, or the amount equal to the subsidy.
10.1.3. If a Subscriber changes from one Package Option to another, MTN Eswatini may vary the amount of the subsidy. If the subsidy is reduced, MTN Eswatini may require the Subscriber to pay to MTN Eswatini the amount of the reduction to allow MTN Eswatini to adjust the subsidy to the amount at the time of sale of the Terminal Equipment if the Subscriber had first chosen the Package Option to which the Subscriber is changing.
10.2. For avoidance of doubt, the provisions of Part I shall apply In the same way to this Part Il, and in as far as they can be applicable to the Terminal Equipment or sale thereof, be applicable to the sale and incidental matters to the sale of the Terminal Equipment as contemplated in this Part It.
11. SEPARATE AGREEMENTS
The provision of Network Services by MTNEswatini to the Subscriber, and the sale or lease of the Terminal Equipments) under this agreement shall constitute separate and divisible agreements, each one capable of standing on its own