Terms ofUse

MelonBusiness 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","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.

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.

2.2 "Billing Cycle" means the monthly cycle thatstarts on the date your first SIM is activated.

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.

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 when your first SIM isactivated. SIMs added later are charged pro rata for the rest of that BillingCycle, so that all SIMs are billed on the same date.

6.3 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.

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

6.5 The data, minutes and SMS on your Plans and top-ups do notexpire.

6.6 Uncapped plans include uncapped calls and SMS, subject toour Fair Use Policy.

6.7 We may change our prices or Plans. We will give youreasonable advance notice before a price change affects your Account.

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. Your Administrator can ask us for the thresholdthat applies to your Plans.

7.3 The Fair Use threshold is not a cap and not a fixedallocation of minutes or SMS. Reaching it does not stop calls or SMS on theSIM, and the SIM may continue to use the Service.

7.4 If a SIM's usage exceeds the threshold, we may review itto decide whether it is consistent with normal business use of a mobile phone.In our review, we may consider the volume, frequency, duration and pattern ofusage, and any other information reasonably relevant to how the Service isbeing used.

7.5 If we are satisfied that the SIM is being used normally,no action is needed and it may continue to use its Uncapped Plan as usual.

7.6 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

7.7 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 ops@melonbusiness.co.za with proof of payment and your bankconfirmation. Approved refunds are paid within 30 days to the business thatholds 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 eSIM: To move an eSIM to a new device, contact usand we will reissue it.

9.3 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.

9.4 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.

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

11. Acceptable use

11.1 You and your Users must use the Service lawfully. You maynot use the Service, the Portal or the website to:

• impersonate anyone or use a false identity
• send spam or unsolicited commercial messages
• commit fraud
• 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

12. Intellectual property

12.1 We, or our licensors, own all intellectual property inthe Portal, the app, the website and their content. The Melon name and logo areour 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

13.1 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.

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

14. Warranties and liability

14.1 To the extent the law allows, the Service is provided"as is". We make no warranties other than those in these Terms orrequired by law.

14.2 To the extent the law allows, we are not liable forany indirect, special or consequential loss, or for loss of profit, income,business or data, arising from use of, or inability to use, the Service.

14.3 To the extent the law allows, our total liability toyou for any claim is limited to the fees you paid for the affected SIMs in themonth before the claim arose.

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

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

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 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 and is not made within 7 days of ournotice

•      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 Servicebecause of events beyond our reasonable control, such as natural disasters,load-shedding, network partner outages, strikes, government action or cyberattacks.

18. Your information

18.1 We process personal information about yourrepresentatives, Administrators and Users in line with POPIA and our PrivacyPolicy.

18.2 You confirm that you have told your Users that theirinformation will be shared with us to provide the Service.

18.3 You can opt out of marketing at any time using theopt-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 from time 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.

Company information
Melon Mobile Business ProprietaryLimited
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