General Terms and Conditions

By signing this Subscription Agreement (the “Agreement”) between yourself, MTN Rwandacell Plc (“MTN”) and [Bank XYZ} (“Bank”), you, the undersigned identified buyer (“you” or “Buyer”), agree to purchase the phone (“the Device”), where the full repayment for the cost of the device is offset by a fixed monthly subscription to MTN Service Bundle (“Bundle Price”) over a period of 12 months (the “Tenor”), subject to the terms and conditions contained herein.

The Bundle Price of RWF 1,000 and RWF500 monthly quoted will be the committed sum payable each month for the duration of the Agreement and will not change unless you Default on your monthly repayments.

The Bundle Price covers your monthly repayment towards the cost of the Device, as well as a Data, Voice and SMS bundle service provided monthly by MTN, your network provider. Each month, you are required to make payment through MTN Mobile Money (“MoMo”) Account deductions equal to the Bundle Price. The deductions can be made daily, weekly, or monthly and the full monthly amount must be made prior to and/or on the required due date but not later than 1 day prior to the repayment anniversary date. With this agreement.

On the subscription anniversary date and following full subscription, MTN will provision the bundle for the following month.

The terms “We” or “Us” shall refer to MTN and/or the Bank.

Customer/ Responsible Party                                

Reference to “you” or “Buyer” means you are the individual and the customer on record. You understand and agree to be primarily responsible for and guarantee payment of any sums that become due under this Agreement. You are not allowed to sign on behalf of another individual, an organization, a business entity or government body and will be personally responsible for performance under this Agreement, if we subsequently discover the contrary.

Device Approval.

You hereby consent to provide any unique one-time password (“OTP”) approvals to the sales representatives/agents to facilitate the processing of financing for the Device.

Initial Payment by Customer. 

You shall make the first monthly subscription via your MoMo Account payment at the Point-of-Sale in MTN and partner Stores. This is a prerequisite to the application being approved. Where an upfront payment is required as a condition of the subscription plan selected, such payment will also be made via Momo Account at the Point-of-Sale.

Monthly Repayments.

Subsequent subscriptions will be made via the daily/weekly/monthly deductions from the MoMo Account of the equivalent amount equal to the monthly Bundle Price, prior to the subscription anniversary date.

On the monthly anniversary date, following full monthly subscription. MTN will provision the bundle offering – airtime, data and others for the following month. 

Under no circumstance would we be liable for any loss, expense or damage of any kind incurred by you due to non-compliance with this requirement.

Failure to subscribe shall result in the Device being automatically disabled by us. You will be able to enable your phone upon full payment of past due subscription amounts (please follow the instructions in the FAQ document attached to the Device pack).

Please note that the Bank reserves the right to report failure to repay to Credit Bureaus and any regulatory bodies or government institutions as applicable. All outstanding repayments will be collected by the Bank’s collection officers/agents and the Bank reserves the right to prosecute any customer for breach of contract.

Device Protection.

In the event of a theft, following presentation of required documentation to back up such claims of theft, the Bank will replace the smartphone with an equivalent smartphone at no cost to you. This phone replacement will however be limited to one occurrence in the 12-month contract period.

However, below insurance amortization rules will be applied:

1. in the event of phone replacement, affected customers will be requested to pay a percentage of:

• 20% for a device onboarded in MTN device financing in a period between 0-6 months
• 30% for a device onboarded in MTN device financing in a period between 7 Months to 12 months

1. in the event of broken screen replacement, affected customers will be requested to pay a percentage of:

• 20% for a device onboarded in MTN device financing in a period between 0-6 months
• 30% for a device onboarded in MTN device financing in a period between 7 Months to 12 months

Beyond this, you bear the entire risk of loss, theft, or damage to the Device from any cause during the term of the Agreement.

The bank reserves the right to close the open loan contract with the equivalent value cost of the lost device at the time of loss and reserves the right to offer the customer an upgrade when this clause is triggered.

E-signature.

You hereby declare that the signature below is your original signature, which is to be relied upon for the purposes of verifying the authenticity of electronic versions of your signature in documents. You also hereby declare that this record of your signature may be used for the purposes of verifying the authenticity of electronic signatures that are set out in agreements or documents as being the true representation of your written signature. It is your duty to notify us immediately in the event that you change your signature. We shall not be liable for any liabilities, losses or damages as a result of your failure to comply with this requirement.

Default.

You will be in default of this Agreement if any one of the following events (referred to as an “Event of Default”) occurs:

• you fail to subscribe to the bundle by the applicable due date;
• you are in breach of any covenant, representation or warranty in this Agreement;
• a bankruptcy petition is filed against you;
• Where you are unable to pay any other party in accordance with article 7 of the law No 075/2021 or 06/12/2021 relating to insolvency in Rwanda.
• you fail to disclose or provide false, misleading, or incorrect information in your application for device finance or during the Tenor of this Agreement;
• where you default in the performance or observance of any other term, condition or covenant or performance of any other obligation hereunder and such breach or default continues un-remedied within ten days of the receipt of a notice of the default, and
• you port your phone number in respect of the Device to a network other than MTN prior to the settlement of all your repayments.

Where you are in default under this Agreement, the outstanding balance of the Bundle Price for the remainder of the Tenor at the time will accelerate and immediately become due and payable. The Device will be disabled by us remotely and you will be unable to use the Device on any network. 

Remedies in the Event of Default.

Upon an event of default, we have the right to exercise any one or more of the following remedies: 

• disable the Device which will prevent you from using any of the device functionality;
• require you to immediately pay the outstanding unpaid amount financed;
• require you to pay us the costs of collection; and
• deposit enough funds in your Momo Account equivalent to the monthly Bundle Price and then follow the instructions in the FAQ document provided to you by the sales representative.
• deducting the outstanding unpaid amount from other phone numbers registered on the same national ID/Passport of your initial phone number used during MTN contractual agreement of in the MTN “Macye Macye”with banks.

Ownership of Device.

The Bank shall have legal ownership of the Devices until full and final payment by you to the Bank by payment of the Bundle Price when due. Legal title to the Device shall pass to you only after making full and final payment to the Bank including any charges in respect of the Device.

Non-Portability of Device

You hereby agree that you shall not port the Device phone number to another telecommunications network operator until you have fully discharged all your obligations to the Bank and MTN under this Agreement. Failure to comply will result in your phone being disabled by MTN.

Indemnity.

You are responsible for any and all liabilities, losses or damages, whether imposed on you or us, which are directly or indirectly attributable to you or any of your acts or omissions while the Device is in your possession. This provision shall survive the termination of this Agreement. To the extent permitted by law, you will reimburse us for any expenses we incur in connection with the defense of any claim or action you are responsible for under this Agreement including but not limited to, actual and reasonable attorney fees. 

Governing Law and Jurisdiction.

This Agreement and any claim, dispute or cause of action (whether in contract, tort or otherwise) based upon, arising out of or relating to this Agreement and the transactions contemplated hereby shall be governed by the laws of the Republic of Rwanda and referred to the courts of the Republic of Rwanda.

Additional Terms.

The Bank may, at any time, without your consent, assign or transfer this Agreement to an affiliate or third party. You may not assign this Agreement or any interest therein without the prior written consent of the Bank. We will check your credit record with a credit reporting bureau and your customer data records with MTN and you hereby consent to such processing, and you may not be able to purchase a Device under this Agreement if you do not meet the Bank’s applicable credit standards and criteria. 

Assignment and Disclosure of Information. 

You consent irrevocably to any future transfer and assignment by us of the loan, whether as part of a loan transfer scheme or otherwise. You also authorize us, that in the event of default, to disclose the outstanding balance due on the Devices and means of contacting you to credit reference agencies and collection agencies.  You also authorize us and Bank’s partners to process your payment transaction and other data as part of this agreement.

Customer Representations and Warranties.

You represent and warrant as follows:

• The information given to us verbally, via email or other electronic medium or in other form of writing as well as documents submitted in support of the Device financing are true, accurate and complete. You are solely responsible for the correctness of such information. We shall not be liable for relying on any documentation provided by you and also accept no liability for consequences arising out of any erroneous, incorrect or incomplete information supplied by you. If you suspect that there is an error in the information you have provided to us, you shall promptly inform us accordingly without undue delay. We will endeavor to correct the error whenever and wherever possible on a ‘best effort’ basis but shall have no liability arising therefrom.

This offer is subject to verification checks. In the event that your application is unsuccessful, your documents shall be returned to you.

Memorandum of Acceptance

I hereby accept the terms and conditions contained in this Subscription Agreement for Device Financing.

I have read and understood the statements above and my signature hereunder or the One Time Password (“OTP”) that I have given to the sales representative/agent represents my true and authentic consent and is evidence of my agreement to be bound by the terms of this Agreement between myself, MTN and the Bank.