Article 1: Purpose and contractual documents 

The purpose of this document is to define the terms and conditions of subscription to the MTN Zambia Business Directory service. The subscription form, as well as the terms and conditions, form the service agreement between the parties and by subscribing to the service, the customer agrees to be bound by these terms.

Article 2: Duration and effective date / Service activation

The contract takes effect on the service activation date, which is communicated to the customer at the point the service is implemented.

The subscription to each service will be for a minimum period of twelve (12) months. At the end of the subscription period, the customer is required to renew the subscription; otherwise, the service will be suspended, and the contract terminated.

Article 3: Subscription to the Sponsored Placement option

The sponsored placement option is available to customers with active silver or gold business directory subscriptions. Customers with an active silver or gold subscription offer can subscribe at any time to the 30 or 90-day sponsored placement option, provided that the duration of the option is compatible with the remaining duration of the subscription offer. Subscribing to this option does not affect the duration of the Business Directory service subscription. 

Article 4: Tariff rates

The tariff rates for the MTN Zambia Business Directory services are presented to the customer when subscribing and remain available in the MTN Zambia Y’ello Biz application. The customer acknowledges having expressly taken cognizance of these prices. These prices are subject to revision by Zambia, and any subsequent modification will apply to the customer for any new subscription, provided that these modifications do not affect active subscriptions. 

Article 5: Claim and damages

In the event of any loss or damage suffered as a result of this agreement  due to any alleged breach  of these terms by MTN Zambia or of any of its obligations, the customer shall firstly send a written complaint to SMEbusiness.ZM@mtn.com for  amicable resolution of the complaint by MTN Zambia  In no event shall MTN be liable to the customer for any indirect or consequential loss or reputational damage

Article 6: Service modification request     

Only upgrade options are available.

The customer may change his subscription plan to a higher offer at any time. The change in the subscription plan will take effect on the next offer anniversary date. The new offer commits the customer to the terms of the new subscription.

Article 7: Suspension of the service     

The customer may request, at any time, the suspension of the service at the end of his commitment period. To suspend a subscription, the customer must send an email to SMEbusiness.ZM@mtn.com.

In addition, MTN Zambia is entitled to suspend access to the service in the event the customer breaches any one of its contractual obligations under Article 10 hereof or in the event of force majeure.

Article 8: Modification of the Terms & Conditions

MTN Zambia can modify the present Terms and Conditions, subject to informing the customer by any means, including leaving a written record. 

Article 9: Transfer rights       

The customer's rights arising hereunder are transferable subject to prior written consent from MTN Zambia. 

Article 10: Obligation of the Parties 

Customer obligations

• Publish exclusively professional information related to their company or institution. These publications must not contain information of a political nature, incitement to violence, pornography, or any other type of information constituting a legal offence in the Republic of Zambia.
• Strictly comply with all applicable laws or regulations and conditions set by all governmental, municipal, or other authorities in its field of activity.

MTN Zambia's obligations

• Make its best effort to ensure service availability.
• Proceed to invoice for the services covered by this contract, in accordance with the provisions of articles 3 and 4. 

Article 11: Termination         

Termination is immediate and without compensation in the following cases:

• Express agreement of the parties
• Preventive settlement, cessation of payment, amicable or judicial liquidation noted by the court, or bankruptcy of one of the parties.
• Withdrawal of MTN Zambia's license to operate. Either party may terminate the agreement by giving other party 30 days’ notice.

Article 12: Personal data   

The customer has a right of access, information, and rectification of their organization or institutional data under the conditions set by the law in force. By subscribing to the MTN Zambia Business Directory, the customer expressly authorizes MTN Zambia to:

• To publish the information provided by the customer on their business directory page on the Y’ello Biz Zambia application.
• To use customer information for internal business.
• To use the data relating to their usage of the service to be able to offer them services better suited to their needs.

MTN Zambia shall in so far as it is legally required and to the extent required by law take all necessary precautions and steps in relation to such data having regard to the nature of the data and the risks presented by processing of such data to preserve the security of the data. 

Article 13: Applicable Law           

Any dispute arising from the interpretation or execution of this contract will be brought, failing an amicable agreement, within one (1) month before a Court of  competent jurisdiction in Zambia. The Agreement shall be governed by the Laws of Zambian.

Article 14:  Responsibility

The customer is solely responsible for the information and content that they publish on their business directory page.

Consequently, under no circumstances shall MTN Zambia be held liable for any claim, costs, expenses (including legal fees, demands, actions and liability whether in tort, contract or of whatsoever nature that may arise from a third party in this respect and the customer agrees to hold MTN harmless and keep it indemnified for any costs, claims, expenses, or damages arising from any third-party claims.