Melon Business Terms of Use

1. About these terms

1.1 These Terms of Use ("Terms") apply to yourbusiness's use of the Melon Business mobile service, the Melon Business Portaland app, and the Melon website (together, the "Service").

1.2 The Service is provided by Melon Mobile BusinessProprietary Limited (registration number 2023/952122/07) ("Melon Business","we", "us" or "our"). Our Service runs on the MTNnetwork.

1.3 By signing up for, activating or using the Service, thebusiness you represent ("you" or "the Customer") agrees tothese Terms. If you don’t agree, please don’t use the Service.

1.4 Some Plans and promotions have their own terms andconditions, such as the Melon Business 30-day free trial. These apply togetherwith these Terms. If they conflict, the specific terms apply to that Plan orpromotion.

1.5 Clauses in bold limit our liability, place risk on you orrequire you to indemnify us. Please read them carefully.

2. Definitions

2.1 "Plan" means the bundle of data, minutes and SMSchosen for a SIM, including Uncapped Plans and Build Your Own Plan, as set outin Schedule 1.

2.2 "Billing Cycle" means the monthly cycle thatstarts on the date your Account is created.

2.3 "SIM" means a physical SIM card or an eSIMissued by Melon, and the mobile number linked to it.

2.4 "Account" means your business's Melon Businessprofile, including every SIM linked to it.

2.5 "Administrator" means the person who managesyour Account in the Melon Business Portal.

2.6 "User" means an employee or other person youallow to use a SIM on your Account and/or manage or administer your engagementwith us in respect of the Service, including your representatives,administrators, contractors, employees and agents.

2.7 “Personal Information” shall have the meaning as definedin the Protection of Personal Information Act 4 of 2013 (POPIA).

2.8 “App” means the Melon App, downloadable for electronicdevices.

2.9 “Force Majeure” shall mean any event which liesoutside of our reasonable control and could not have been anticipated orprevented through due care, including but not limited to act of God, strike,theft, riots, explosion, insurrection or other similar disorder, war (whetherdeclared or not) or military operations, cyber attack, the downtime of anyexternal telecommunications line (including network partner outages), powerfailure (including load shedding), international restrictions, any requirementof any international authority, any requirement of any government or othercompetent local authority, or any court order.

3. Who can use the Service

3.1 The Service is for registered businesses and other legalentities.

3.2 The person who signs up must be 18 or older and authorisedto act for the business. By signing up, they confirm that they have thisauthority.

3.3 The information you give us must be accurate, complete andkept up to date.

4. Your Account, Administrators and Users

4.1 Your Administrator manages your Account in the MelonBusiness Portal, including adding and removing SIMs, choosing Plans and buyingtop-ups.

4.2 You are responsible for everything done on your Accountand on every SIM linked to it, including use by your Users.

4.3 You must keep Portal login details confidential. If youthink someone has accessed your Account without permission, contact usimmediately.

4.4 You must make sure your Users use their SIMs in line withthese Terms.

4.5 You are responsible for all activity on your Accountuntil you tell us about unauthorised access, and you indemnify us against anyloss that results from it, unless the loss was caused by our negligence.

5. RICA

5.1 The Regulation of Interception of Communications andProvision of Communication-Related Information Act 70 of 2002 (RICA) requiresevery SIM to be registered to a verified person.

5.2 You must complete RICA in the Melon Business Portal beforea SIM can be used. This requires a copy of the ID document and a selfie of theperson being registered, and your company registration documents.

5.3 We activate each SIM once its RICA details are verified.If we can't verify them, we can't activate the SIM.

5.4 You must keep RICA details up to date, including when aSIM moves to a different User, and tell us immediately if a SIM is lost orstolen.

6. Plans, billing and data

6.1 All Plans are month-to-month. There is no fixed-termcontract.

6.2 Your Billing Cycle starts on the date your Account iscreated. SIMs added later are charged pro rata up to your billing date, so thatall SIMs are billed on the same date. Your billing date can be changed onlyonce every 3 months.

6.3 Every SIM you order is billed from your billing date,whether or not it has been activated. SIMs waiting for RICA or activation arebilled in the same way as active SIMs, so please order only the SIMs you need.

6.4 Plans are billed in advance at the start of each BillingCycle, on one invoice for all SIMs. We accept payment by debit or credit card.You authorise us to charge your card for each Billing Cycle and for anytop-ups, until you cancel. All prices include VAT.

6.5 Your Administrator can change a SIM's Plan or buy top-upsin the Portal. A Plan change takes effect from the next Billing Cycle.

6.6 The data, minutes and SMS on your Plan expire at the endof each monthly Billing Cycle.

6.7 Uncapped plans include calls and SMS up to the Fair Usethreshold in clause 7. Once a SIM reaches the threshold, your Administratorwill need to buy a top-up for that SIM to keep making calls and sending SMS.

6.8 We may change our prices or Plans. We will give youreasonable advance notice before a plan and/or price change affects yourAccount. If you don't accept the change, you can cancel under clause 8.1 beforeit takes effect.

7. Fair Use Policy – Uncapped voice and SMS

7.1 Uncapped Plans include uncapped voice calls and SMS fornormal business use of a mobile phone by the User of each SIM.

7.2 To protect the Service from excessive, automated or otherabnormal use, each Uncapped Plan is subject to a Fair Use threshold for eachSIM, in each Billing Cycle. The Fair Use threshold for each Uncapped Plan isset out in Schedule 1.

7.3 The Fair Use threshold is the voice and SMS allowance foreach SIM in each Billing Cycle. Once a SIM reaches it, the SIM can't make callsor send SMS for the rest of that Billing Cycle unless your Administrator buys atop-up. We don't add free allowance once the threshold is reached.

7.4 If we reasonably determine that a SIM is being used forautomated calling or messaging (such as call centres, auto-diallers or bulkSMS), resale, SIM boxes or call termination, fraud, or any other purposeinconsistent with normal business use of a mobile phone, we will contact yourAdministrator where reasonably possible and give you an opportunity to respond.We may then take reasonable steps under these Terms, including:

•      moving the SIM to a more appropriate Plan;

•      restricting or suspending the affected service;

•      ending the Service on that SIM, where appropriate.

7.5 This Fair Use Policy applies to voice calls and SMS. Dataon an Uncapped Plan is limited to the data allocation of that Plan. If a SIMuses an unusually large amount of data in a short period, we may manage itsspeed to protect the network for all customers.

8. Cancellation, Melon Business Wallet and refunds

8.1 You can cancel your Account, or any SIM on it, at any timein the Portal or by contacting us. Service continues until the end of thecurrent Billing Cycle and then stops.

8.2 Your Account includes a Melon Business Wallet. YourAdministrator can use Wallet credit in the Portal to pay for Plans and top-upson any SIM on the Account.

8.3 Wallet credit belongs to the business that holds theAccount, not to individual Users. This applies even if credit is shown againsta particular SIM or User. A User has no claim to Wallet credit, including whenthey leave your business or their SIM is removed from the Account.

8.4 If a Plan, top-up, SIM or order is cancelled bymistake, or we reverse or credit a payment for any other reason, the amount iscredited to your Melon Business Wallet. It is not refunded to your card or bankaccount, except as set out in clause 8.7.

8.5 Wallet credit does not expire. It can't be exchangedfor cash or transferred to another Account.

8.6 Fees for a Billing Cycle that has already started arenot refunded or credited for unused data, minutes or SMS.

8.7 We will refund you to your original payment method wherethe law requires it, including where:

•      we charged you in error, or charged you more than oncefor the same thing;

•      we can't provide the Service you paid for;

•      the Consumer Protection Act 68 of 2008 applies to yourbusiness and gives you a right to a refund.

8.8 Only an Administrator can request a refund under clause8.7, by emailing support@melonbusiness.co.zaor by contacting our whatsapp support team with proof of payment and your bankconfirmation. Approved refunds are paid within 30 days to the original paymentmethod or, where that is not possible, to a bank account in the name of thebusiness that holds the Account.

9. SIMs, eSIMs and porting

9.1 SIMs may be used only with the Service. You may not sellor transfer them outside your business.

9.2 SIM order fees: A fee of R30 applies to each order placedunder the Melon Business 30-day free trial, for both eSIMs and physical SIMs.On paid Plans, a delivery fee of R30 applies to each order that includes aphysical SIM. There is no delivery fee for eSIM orders on paid Plans. All feesinclude VAT.

9.3 SIM replacements: Your Administrator can request areplacement physical SIM or eSIM in the Portal, including to move an eSIM to anew device at a cost of R99 which includes delivery of the sim where required.

9.4 Porting: You can keep your business's existingnumbers by porting them to Melon. Any contract with your previous providerremains your responsibility. Porting follows the ICASA Number PortabilityRegulations.

9.5 Lost or stolen SIMs: Tell us as soon as possible sowe can suspend the SIM. You are responsible for use of the SIM until you havetold us.

10. Promotions

10.1 From time to time we run promotions, such as the 30-dayfree trial. Each promotion has its own terms and conditions on our website,which are to be read in conjunction with these Terms.

10.2 We may change or end a promotion at any time. This won'taffect rewards you have already qualified for.

10.3 Promotional rewards can't be exchanged for cash unlessthe promotion's terms say so. We may withhold or reverse a reward if wereasonably believe a promotion has been abused or used fraudulently.

11. Acceptable Use Policy

11.1 You and your Users must use the Service lawfully, and infull compliance with all applicable laws, statutes and regulations at all times.

11.2 You and your Users may not use the Service, the Portal orthe website, or permit them to be used by any third party, for any harmful,unlawful or illegal purpose. In particular, you and your Users may not:

•      impersonate anyone or use a false identity;

•      send spam or unsolicited commercial messages;

•      commit fraud;

•      conduct any fraudulent and/or unlawful activity orscheme;

•      harvest personal information about other people withouttheir consent;

•      use robots, scrapers or data-mining tools on the Portalor website;

•      decompile, reverse engineer or interfere with thePortal, the app, the website or the network;

•      upload or send viruses or other harmful code;

•      break any law, including RICA, POPIA and theCybercrimes Act 19 of 2020.

11.3 A breach of this AcceptableUse clause shall entitle us to suspend or end your Service in terms of clause16 below.

12. Intellectual property

12.1 We, or our licensors, own all intellectual property andcopyright in the Portal, the app, the website and their content. The Melon nameand logo are our trade marks.

12.2 We give you a limited, non-exclusive, non-transferablelicence to use the Portal, app and website to manage and use the Service.

12.3 You may not copy, modify, distribute or create derivativeworks from any part of the Portal, app or website without our written consent.

13. Network and Service Availability and Security

13.1 We exercise generally accepted standards of technologyand operational security in order to protect the Service operating off ourvarious systems and processes, including any Personal Information that may beinvolved, from loss, misuse, misappropriation, alteration or destruction.Unfortunately, the transmission of data via electronic messaging (including theinternet) is not always completely secure. Accordingly, we cannot fullyeliminate security risks associated with the storage and transmission ofPersonal Information. If Personal Information is compromised, we will notifyyou, the affected Users and the Information Regulator as POPIA requires.

13.2 We aim to keep the Service available at all times.Coverage and speeds depend on location, network conditions, devices and ournetwork partner. We can't guarantee uninterrupted or error-free service.

13.3 Where we reasonably can, we will tell you in advanceabout planned work that will noticeably affect you.

14. Warranties and liability

14.1 Except as set outin these Terms or required by law, we make no representations or warranties ofany kind, express or implied, as to the operation of the App or theinformation, content, materials, and/or products and services. Your and yourUsers’ use of the App and the Portal is subject to our Fair Use Policy andAcceptable Use Policy.

14.2 To the full extent permissible byapplicable law, we disclaim all warranties, express or implied, save for thoseset out in these Terms and those that cannot be excluded by law.

14.3 While we take every reasonable precaution,we do not warrant that the App or our communications are free of viruses orother harmful components, and our liability for any loss they cause is limitedas set out in clauses 14.5 and 14.6.

14.4 Except as set out in these Terms orrequired by law, neither Melon Business, nor its directors, employees,officers, suppliers, service providers, subsidiaries or associates, makes anyrepresentations or warranties of any kind (including but not limited to expressor implied representations or warranties) as to the operation of the App or theinformation, content, materials or products included on the App.

14.5 Accordingly,to the extent the law allows:

(a) the Service is provided "as is". We make nowarranties other than those in these Terms or required by law;

(b) we are not liable for any indirect, special orconsequential loss, or for loss of profit, income, business or data, arisingfrom use of, or inability to use, all or any part of the Service;

(c) our total liability to you for any claim is limited tothe fees you paid for the affected SIMs in the month before the claim arose.

14.6 Nothing in these Terms limits our liability for losscaused by our gross negligence or wilful misconduct, or any liability thatcannot be limited by law.

14.7 If the Consumer Protection Act 68 of 2008 applies to yourbusiness, nothing in these Terms limits your rights under that Act.

14.8 We have taken all reasonable steps to ensure that alldata described or depicted on the App and/or the Portal is current, completeand accurate; however, content errors may occur. Accordingly, we make noguarantees as to the accuracy or completeness thereof at all times. Anyspecific queries regarding the data contained therein may be directed to us inwriting, and we shall provide the required clarification in writing. All datadescribed or depicted on the App and/or the Portal is given on the basis thatall errors and omissions therein are excluded.

15. Indemnity

15.1 You indemnify us against any loss, damage, claim orcost we suffer because you or your Users broke these Terms, used the Serviceunlawfully or infringed anyone else's rights, except to the extent the loss wascaused by us.

16. Suspension and termination

16.1 We may suspend or end your Service, or any SIM on yourAccount, if:

•      you break these Terms and don't fix the breach within 7days of our written notice;

•      RICA details can't be verified;

•      we reasonably suspect fraud, abuse or illegal use;

•      a SIM's use seriously affects our network;

•      payment fails on your billing date

•      we are required to by law, a regulator or a court.

16.2 We will give you notice and our reasons before suspendingor ending your Service, unless the situation is urgent or the law prevents us.In urgent cases, we will tell you as soon as we reasonably can.

17. Events beyond our control

17.1 We are not responsible for failing to provide the Serviceas a consequence of a Force Majeure.

17.2 To the extent that we are prevented from fulfilling anyof our obligations in respect of delivering the Service to you as a result ofany Force Majeure, then those obligations shall be deemed to have beensuspended to the extent that and for as long as we are prevented fromfulfilling them by virtue of such event. Our failure to deliver the Service,either in part or in total, as a result of such a Force Majeure, shallnot excuse you from paying for those parts of the Service which we do provideto you up to and following such event.

17.3 If such an event lasts more than 30 days, either of usmay end the Service by giving notice.

18. Personal information

18.1 We process Personal Information about you and your Usersin accordance with the provisions and requirements of POPIA and in terms of ourPrivacy Policy, which is available on the Melon website.

18.2 By accessing and/or using the Service, you confirm thatyou have told your Users that we will process their personal information toprovide the Service, in line with our Privacy Policy.

18.3 You and your Users can opt out of marketing at any timeusing the opt-out or unsubscribe option in any marketing message.

19. Complaints and Disputes

19.1 If you have a complaint, contact us on WhatsApp at 060015 0023 or at ops@melonbusiness.co.za. We aim to resolve complaints within thetimeframes set by ICASA's regulations.

19.2 If we can't resolve a dispute between us, either of usmay refer it to mediation before going to court. You can also escalate acomplaint to the Independent Communications Authority of South Africa (ICASA).

19.3 These Terms are governed by the laws of the Republic ofSouth Africa, and any dispute may be referred to a South African court withjurisdiction.

20. Changes to these Terms

20.1 We may update these Terms at our sole discretion fromtime to time.

20.2 We will give you reasonable advance notice of any changethat materially affects you. If you keep using the Service after the changetakes effect, you accept the updated Terms.

21. General

21.1 These Terms, together with our Privacy Policy and theterms of any Plan or promotion you use, are the whole agreement between you andus about the Service.

21.2 If any part of these Terms is found to be invalid, therest remains in force.

21.3 If we don't enforce a right under these Terms straightaway, we don't give up that right.

21.4 You may not transfer your rights or obligations underthese Terms without our written consent.

22. Address for legal notices

22.1 We choose the following address for legal notices:

Melon Mobile Business Proprietary Limited

South Gate Office Park, TygerWaterfront, Pro Sano Park, Fountain Road, Carl Cronje Drive, Bellville, WesternCape, 7530

Email: legal@melonmobile.co.za

22.2 We may send notices to you at the email address or mobilenumber on your Account.

Company information

Melon Mobile Business Proprietary Limited

Registration number:2023/952122/07
VAT number: 4790316303
South Gate Office Park, TygerWaterfront, Pro Sano Park, Fountain Road, Carl Cronje Drive, Bellville, WesternCape, 7530

Support: WhatsApp 060 015 0023, ops@melonbusiness.co.za
Legal notices:legal@melonmobile.co.za