- THE CUSTOMER’S OBLIGATIONS
The CUSTOMER agrees and covenants:
4.1 Not to assign or transfer the service, SIM card or personalized telephone number to any person without the prior written consent of MIC.
4.2 That the CUSTOMER acknowledges that the SIM card and the rights therein shall at all times remain the inalienable and non-transferable property of MIC.
4.3 That the CUSTOMER shall at all times be responsible and accountable to MIC for the proper use and preservation of the SIM card and the PIN code. In the event the CUSTOMER continuously neglects to use the SIM card or the number provided for a period of 90 days MIC may suspend the number and re-allocate the number for use by any other CUSTOMER.
4.4 That the CUSTOMER shall at all times remain responsible for confidentiality of any information or data received or transmitted by the CUSTOMER using the Network and the CUSTOMER agrees to notify MIC immediately of any or any suspected unauthorized use of other SIM card or the Services. Unless caused by technical failure, the CUSTOMER acknowledges that MIC shall not be liable for any loss the CUSTOMER may incur as a result of the unauthorized use of the Service or SIM Card without the CUSTOMER’s knowledge.
4.5 That in the event of loss or theft of the SIM card whether or not the SIM card was inserted in a handset at the time of such loss or theft the CUSTOMER shall notify MIC using the designated telephone number or visit the MIC outlets requesting that the subscription be suspended or deactivated and shall immediately thereafter confirm the report of loss or theft in writing to MIC accompanied by an original police abstract to verify the loss or theft.
4.6 That the CUSTOMER shall, until such time MIC is notified as per clause 4.5 above, be fully liable and shall pay MIC for all calls made using the SIM card whether or not the SIM card has been stolen or lost and the CUSTOMER hereby undertakes to indemnify MIC in full and hold it blameless for any liability fees costs charges or expenses it may suffer or incur by reason of any fraudulent use of the SIM Card or by reason of the SIM Card being stolen or lost.
4.7 The CUSTOMER shall in the event of loss or theft of the SIM card as aforesaid remain responsible and accountable to MIC for use of the SIM Card up to the time MIC is notified in accordance with clause 4.5 above.
4.8 To indemnify MIC in full for all the charges that MIC may incur or suffer by reason of re-activating the SIM card arising as a result of any fraudulent claim.
4.9 The CUSTOMER confirms and warrants that the CUSTOMER has capacity to enter into this contract and to perform the CUSTOMER’s obligations as herein set out.
4.10 The CUSTOMER further warrants and confirms that information and particulars of the CUSTOMER given to MIC are true and the CUSTOMER shall notify MIC immediately in writing of any changes and the CUSTOMER undertakes to provide MIC with information or documents required by MIC from time to time.
4.11 The CUSTOMER confirms that the CUSTOMER’s liability under the contract shall be joint and several in cases where the CUSTOMER is more than one person.
4.12 The CUSTOMER confirms that he/she shall not use the Services for any criminal or immoral purposes and shall be solely responsible for any consequences arising from such criminal or immoral use of the Services or the Network.
4.13 unless occasioned negligently, The CUSTOMER indemnifies and holds MIC harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind, (including direct, indirect, special or consequential damages), arising out of or in connection with the failure or delay in the performance of Services offered or the use of Services.
4.14 For Services that requires password such as Tigo Pesa, the CUSTOMER undertakes to keep all passwords secure and warrant that no other person shall use Services utilizing the CUSTOMER’S password, and the CUSTOMER further acknowledges responsibility for ensuring that no unauthorized access to Services is obtained using the CUSTOMER’S password, and that the CUSTOMER shall be liable for all such activities conducted pursuant to such use, whether authorized or not.
4.15 The CUSTOMER undertakes to immediately notify MIC in case of defective SIM Card or Services.