STANDARD UNLIMITED TALK FAIR USAGE POLICY
1. Application
The terms and conditions recorded in this document apply in conjunction and must be read with the Me and You Mobile Subscriber terms and conditions ("Mobile Subscriber terms and conditions"), save that where there is a conflict between the Mobile Subscriber terms and conditions and these terms and conditions, these terms and conditions shall prevail. We reserve the right to change the terms and conditions recorded herein, with 60 days' notice to you. The Mobile Subscriber terms and conditions can be accessed by clicking here.
2. The unlimited voice plan
2.1 These terms and conditions apply to the Unlimited Talk Plan that we offer ("the Unlimited Talk Plan").
2.2 If you have subscribed for the Unlimited Talk Plan you shall be entitled to make unlimited free voice calls but subject to clauses 3 and 4, and where applicable, clause 6 below and upon payment of the applicable monthly fee ("the monthly fee"). Increases to and the method of payment of the monthly fee are provided for in the Mobile Subscriber terms and conditions.
2.3 The Unlimited Talk Plan shall subsist for as long as you remain a customer of Me&You Mobile, but the Unlimited Talk Plan may be terminated in terms of these terms and conditions and the termination provisions of the Mobile Subscriber terms and conditions.
2.4 The Unlimited Talk Plan pertains only to voice calls and all other Services provided by us will be charged at the rates provided for in the Me&You Mobile Subscriber terms and conditions.
3. Restrictions
3.1 The Unlimited Talk Plan must be used for personal or business calls. If used for business calls the additional restrictions in clause 4 apply..
3.2 The unlimited free calls available under the unlimited voice plan do not apply to calls made to any premium rated numbers or any international numbers. These calls will be charged at the applicable rates prescribed in the Me&You Mobile subscriber terms and conditions.
3.3 You must utilise the SIM provided by us to you in respect of the unlimited voice plan in a device that is capable of making and receiving calls as well as sending and receiving data.
3.4 Your unlimited free calls only apply to calls of duration of less than 30 minutes each. You will be charged for that portion of the call that is longer than 30 minutes. You may however cut a call before the 30th minute of the call and re-call the same number. The second and subsequent calls made in this manner will be free of charge, but each will be subject to a maximum of 30 minutes as aforesaid.
3.5 You must use at least 50MB of data on a monthly basis.
3.6 If your data usage falls below the minimums specified in clause 3.5 above, you will be in breach of this policy.
3.7 You may not create a call connection for purposes other than person-to-person communication or leave a call connection in an unattended state for a prolonged period of time, for example as a passive listening device. If you do so, you will be in breach of this policy.
3.8 You may not originate calls to more than 150 unique numbers.
3.9 You must receive incoming calls. The percentage of incoming calls you receive must be at least 5% of your outgoing calls, in number of calls, (incoming calls from us are excluded) and where this formula results in a fraction, that fraction will be rounded up to whole number.
4. Business users
4.1 If you are a juristic entity we deem you to be a business user and the provisions which follow will apply to you. If you are a natural person, you will also be deemed to be a business user if calls are made for commercial purposes. We will be entitled to monitor your usage and will be entitled in our discretion to conclude that you are a business user (if you usage reasonably supports that conclusion).
4.2 In addition to any other terms and conditions in this policy, business users:
4.2.1 May not restrict the device to a fixed, geographical location; and/or
4.2.2 May not use the device for least cost routing, server hosting, in the operation of an internet cafe or Wi-Fi hotspot, as an international bypass, payphone or call centre.
5. Breach
5.1 If you are in breach of any of the restrictions identified in section 3:
5.1.1 You will be migrated to a value bundle closest in value to your current monthly unlimited voice plan, or such other package which we may offer from time to time, on the terms and conditions that apply to that package from time to time, to come into effect from the beginning of the following month; and/or
5.1.2 You have the option to cancel your subscription with Me&You Mobile.
5.1.3 We may suspend your Unlimited Talk Plan either temporarily or indefinitely; and/or
5.1.4 We may preclude you from purchasing the Unlimited Talk Plan or additional unlimited voice products offered by Me&You mobile
5.2 In the event that you breach a provision of this policy we will notify you of your breach via SMS (to the associated number) and/or email (recorded on your Me&You Mobile account profile) and advise you of our election in terms of clause 5.1.
6. Unlimited Talk Plan for iPhone
6.1 From time to time Me&You Mobile may offer speciality deals, the terms of which are linked to the use of Apple iPhone 5, 6 and 7 or later model (“Qualifying iPhone”).
6.2 If you qualify for and take up this type of speciality deal, the following particular provisions will apply to:
6.2.1 You will be charged R199 per month for the Unlimited Talk Plan.
6.2.2 We may vary this price, which we will do on at least 30 days’ notice to you;
6.2.3 You may only enjoy the price set forth above if you use a Qualifying iPhone;
6.2.4 You will be required to activate the deal by disclosing to us the unique IMEI number of your Qualifying iPhone, and we will be entitled to de-activate the deal at any time if we establish that the IMEI number of the handset you use has changed to one which is not consistent with the IMEI number applicable to a Qualifying iPhone;
6.2.5 If we de-activate the deal in relation to you, your package will automatically be converted to our then current Unlimited Talk Plan, the cost of which is at present R399 per month.
IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you or which may limit our liability or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into the Agreement you, in addition to accepting all the terms of the Agreement, also specifically signify that you understand the bold clauses and accept them.
