MTN Business Webstore - Terms & Conditions

1.    DESCRIPTION OF SERVICE

1.1 General

a)    MTN Business Webstore (“Webstore”) offering allows Customers to purchase Microsoft Products (“Products”) online after successful credit vetting by MTN. Customers will be required to register on the MTN Business Webstore as well as provide the Customer onboarding documentation to MTN prior to transacting on the Webstore.

b)    The Customer will be allocated a credit limit to purchase Products online, depending on the value that was approved during the credit vetting process.

2.    DEFINITIONS

For the purposes of this document, any reference to Webstore should be interpreted as the MTN Business Webstore, which facilitates the MTN Customer’s ability to purchase, manage and maintain certain products. The MTN Business Webstore platform and services are facilitated through MTN’s approved partners. 

a)    Account Holder - This is the company/customer who holds the commercial relationship with MTN.

b)    Authorised Company Representative – This is the person(s) nominated by the MTN Account Holder to request products or services from MTN, as well as the management and discontinuation of such services. Any requests received from the Authorised Company Representative will be deemed to have been an instruction from the Account Holder.

c)    Customer’s Webstore Account – This is the account on the MTN Business Webstore which is associated to the MTN Account Holder’s MTN Business account. 

d)    Customer’s Webstore Credit Limit – This is the credit limit that will be assigned to the Customer’s Webstore Account after credit vetting, with which the Customer’s Webstore Admin Account and Sub Account Profiles can purchase products and services. The costs thereof will be managed against this set limit on the Webstore. Should the Customer require this amount to be increased or decreased, it is the Customers responsibility to either follow the credit limit adjustment process on the Webstore, or where they have a dedicated Account Manager, this can also be requested via the Account Manager. 

Requests to increase the Webstore Credit Limit may lead to MTN following its standard credit vetting checks and procedures. 

It is the Customers responsibility to ensure that in the event that a request to decrease the Customer’s Webstore Credit Limit is submitted, that the remaining credit is sufficient to cover the costs of the monthly recurring charges on the Customers Webstore Account. Failure to do this may lead to the suspension of the Customers products and services managed through the Webstore, and the associated functionality of these products and/ or services. 

As the pricing of the product and services offered through the Webstore may fluctuate on a monthly basis due to exchange rate and other factors, the Customer will still be liable for the charges incurred and associated with the products and services managed through the Webstore, even if these charges exceed the spend limit that the Customer has been allocated on the Webstore. 

Any attempts to purchase new or increase the quantity of the existing products and services managed through the Webstore will not be permitted, if these actions would intentionally lead to the Customers Webstore Credit Limit being exceeded.

e) Customer’s Webstore Admin Account Profile – This is the primary admin profile for the Customers Webstore Account, used to purchase and manage products and services on the Customers Webstore Account and the related costs incurred. 

Each MTN Business Webstore Account can only have one admin account profile. 

This profile also allows for requests to be initiated to increase the Customer’s Webstore Credit Limit (an Authorised Company Representative), and therefore should only be requested by the Customer to be allocated to a person that is deemed to be financially responsible for the company’s MTN account. 

This profile is also able to initiate the relationship request to third party tenants on behalf of the Customer, and in so doing incur potential charges against the Customer’s MTN Business Webstore Account and MTN business account. This profile is also capable of creating multiple Webstore Admin Sub Accounts.

f) Customer’s Webstore Admin Sub Account Profile – These are the secondary admin account profile which is used to purchase and manage products and services on the Customers Webstore Account. 

Customer’s Webstore Admin Sub Accounts can only be created, modified and deleted by the Customers Webstore Admin Account Profile. Customer’s Webstore Admin Sub Accounts will not be able to create, modify or delete other Webstore Admin Account Profiles or Webstore Admin Sub Account Profiles.

3.    TERMS AND CONDITIONS OF SERVICE

3.1.    TERMS OF USE

a)    MTN will only provide access to the MTN Business Webstore to the Customer’s nominated Customer’s Webstore Admin Account Profile as per the email address provided.

b)    The Customer’s Webstore Admin Account Profile must be a company representative which is authorised to purchase products and services on behalf of the Customer, and to which the Customer acknowledges it will be responsible for the costs incurred for such purchasing of products and services

c)    The Customer’s Webstore Admin Account Profile will also be able to initiate requests to increase and /or decrease the limit associated to the Customer’s MTN Business Webstore account via their MTN account manager.

d)    The Customer will be held responsible for all costs and /or actions performed on their MTN Business Webstore Account by the Customer’s Webstore Admin Account Profile and/or any sub-accounts created by the Customer’s Webstore Admin Sub Account Profile. It is the Customer’s responsibility to choose and maintain a complex password for their admin and /or sub account(s) profiles and safeguard their credentials from misuse.

e)    Should the Customer wish to change the email address associated with their MTN Business Webstore admin account, it will be the Customer’s responsibility to provide the Account Manager with these details on the prescribed form when and/ or if this is needed. The Customer must provide MTN with 20 (Twenty) business days’ notice in order for such request to be processed.

f)    Only the Customer’s Webstore Admin Account Profile is able to create / modify and /or delete sub-accounts on the Customer’s MTN Business Webstore profile.

g)    Any sub-account(s) will inherit the properties and the spend limit associated with the Customer’s MTN Business Webstore Account.

h)    The Customer is responsible for all and/or any tenant(s) associated with their Webstore Account.

i)    The Customer acknowledges that multiple tenants can be associated with their MTN Business Webstore Account by the Customer’s admin and /or sub-admin account profiles.

j)    The Customer’s MTN Business Webstore Admin Account and /or any Sub-Account Profiles have the ability to create and associate additional Microsoft tenants which do not necessarily belong to the Customer. The tenants associated with their MTN Business Webstore Profile will require a relationship request to be accepted by the relevant Microsoft tenant administrator. Licences can be purchased and associated to users of these tenants by the Customer’s  Admin and /or Sub-Admin Account Profiles.

The Customer acknowledges that they are responsible for any and all transactions associated with the above and that which are performed by and /or on behalf of the Customer’s Admin and /or Sub-Admin Account Profiles, and will be liable for any and all costs associated to these transactions.

k)    The Customer’s credit limit for the MTN Business Webstore Account will be reserved from Customer’s available credit limit on MTN Business account and may only be reallocated to the Customers MTN Business account once the MTN Business Webstore credit limit for the store has been reduced and the following months billing has been processed.

l)    Should the Customer request to decrease the MTN Business Webstore Credit Limit, it is the Customer’s responsibility to reduce the recurring services on the MTN Business Webstore to a Rand amount aligned to or below that of the new credit limit. Having recurring monthly services active which exceeds the value of the new intended MTN Business Webstore Credit Limit will result in the Customer no longer being able to initiate new additional billable transactions from the Webstore.

m)    The Customer will still be liable for all costs associated with the transactions and/ or monthly and/ or annual subscriptions on the MTN Business Webstore.

n)    The pricing on the Webstore catalogue may vary from time to time as it is based on the Microsoft USD based pricing and an applied rate of exchange for a period.

o)    The pricing indicated on the Webstore, when managing existing Microsoft subscriptions is an indicative value, based on the current Microsoft USD based pricing and the periods rate of exchange.  As the Microsoft USD pricing (per licence) is fixed for the period of 12 (Twelve) months from the inception date of the subscription, the final amount billed, may vary from what is displayed on the Webstore. The Customer will be liable for the amounts billed, which may not correlate directly with what was displayed to the Customer when managing existing subscriptions or the licence accounts thereof on the Webstore.

p)    It is the Customers responsibility to inform their MTN Account Manager should the Customer decide to cancel the MTN Business Webstore service, for the access to be permanently revoked.  The Customer is also responsible to ensure that all subscriptions / licences and /or services have been cancelled prior to requesting the MTN Business Webstore access for the Customer Webstore Admin and Customer Webstore Admin Sub Account Profiles to be revoked. The Customer will continue to be billed for subscriptions / licences / services that the Customer has not deactivated from their MTN Business Webstore Account.

q)    Pricing is subject to exchange rate fluctuations and each party will be liable for its own tax obligations.

r)    Should the Customer fail to make payment with respect to its MTN Business account, MTN reserves the right to suspend or cancel the subscriptions / licences and /or services associated with the Customers MTN Business Webstore Account, and suspend or cancel the Customer’s access to the MTN Business Webstore profile, at MTN’s own discretion.  Suspension and /or termination of the online products may result in core business functionalities utilising the online products being rendered unavailable. Accordingly, the Customer expressly indemnifies MTN against any and all direct and /or indirect losses suffered by the Customer and /or any third party as a result of such suspension and /or termination. The Customer will still be liable for all outstanding payments. 

s)    The Customer must ensure accurate information is provided in order for MTN to enable the Webstore access for the Customer. Any costs incurred by MTN due to incorrect information provided by the Customer will be charged to the Customer. MTN Business shall not be liable for any loss suffered as a result of the Customer's failure to provide accurate information.

t)    Notwithstanding anything to the contrary contained herein, MTN will not be liable should fraud, misuse, abuse or hacking occur on the Customer’s Webstore Account.

u)    MTN Support Desk is available from 08h00 – 17h00 on Monday to Friday (excluding South African Public Holidays) and can be accessed via the Support Desk details on the Webstore.

v)    Support is restricted to queries regarding functionality of the webstore, the Microsoft licensing and MTN billing. Product functionality is excluded.



3.2.    Please note that together with all Terms and Conditions contained in this document the following clauses are specifically applicable to Corporate and Public Sector Customers:

Please note that by signing these specific terms and conditions and /or accepting same  online, you acknowledge, agree and accept to be bound by MTN’s Master Services Agreement as available from MTN or found at https://www.mtnbusiness.co.za/en/Pages/Agreements.aspx, which must be read in conjunction with these specific terms and conditions. All definitions contained within these specific terms and conditions have the same meaning as those set out in the Master Services Agreement unless specified otherwise.

In the event of any conflict between these specific terms and conditions and the Master Services Agreement, the provisions of these specific terms and conditions shall apply. 

3.3.    Please note that together with all Terms and Conditions contained in this document, the following clauses are specifically applicable to Small to Medium Enterprise Customers (“SME Customer”):

Please note that by signing these specific terms and conditions and /or accepting same  online, you acknowledge, agree and accept to be bound by MTN’s Subscriber Agreement as available from MTN or found at, which must be https://www.mtnbusiness.co.za/en/Pages/Agreements.aspx read in conjunction with these specific terms and conditions. All definitions contained within these specific terms and conditions have the same meaning as those set out in the Subscriber Agreement unless specified otherwise.

Notwithstanding anything to the contrary contained herein the parties shall comply with the provisions of the Consumer Protection Act No. 68 of 2008. 

3.4.    Please also see:                           

https://www.mtn.co.za/Pages/MTN-Privacy-Centre.aspx  and; https://www.mtnbusiness.co.za/en/Pages/default.aspx  for MTN’s Privacy Notice.

                                                  

3.5.    Acknowledgement of Warranty and Disclaimer 

3.5.1    The online products purchased under this Agreement are made available by Microsoft, and as such the Customer agrees that MTN is not responsible for such online products. 

3.5.2    MTN will have no responsibility with respect to the performance or delivery of the online products, in any manner whatsoever. 

3.5.3    The Customer’s performance of, access to and use of the online products are regulated directly between the Customer and Microsoft and is subject to Microsoft’s Terms and Conditions found at: http://download.microsoft.com/download/2/C/8/2C8CAC17-FCE7-4F51-9556-4D77C7022DF5/MCA2017Agr_EMEA_MEA-EE_ENG_Sep20172_CR.pdf