General Terms and Conditions
These terms define the framework under which MTN Cameroon Limited provides the MTN SmartBiz service to customers.
« MTN SMARTBIZ »
1. PURPOSE
These General Terms and Conditions define the framework under which, MTN Cameroon Limited, a Public Limited Company, having its registered address at 360 Rue Drouot, AKWA – P.O Box 15574 Douala, provides the MTN SmartBiz Service to Customers.
2. DEFINITIONS AND INTERPRETATION
2.1 Definitions
In these Terms and Conditions (T&Cs):
"Service" means the « MTN SMARTBIZ » Offer package, including domain registration, professional email, logo design, website creation, and social media account setup as described in Section 5.
"Subscription" means the recurring paid access to the Service.
"Initial Payment" means the one-time setup fee paid by the customer prior to onboarding.
“Add-On Services” or "Add-Ons" means optional supplementary services that may be purchased in addition to the core Service.
"Customer" means the Professional or business entity subscribing to the Service.
"Company" or " MTNC" means MTN Cameroon Limited.
“Deliverables” means the outputs created as part of the Service, including but not limited to logo, website, email accounts, and domain name.
"Business Day" means any day excluding public holidays and weekends in Cameroon.
“Third-Party Services” means services provided by external providers, including domain registrars, hosting providers, email providers, and social media platforms.
2.2 Interpretation
References to "including" or "includes" are not limiting. Headings are for convenience only and do not affect interpretation.
3. EFFECTIVE DATE OF SUBSCRIPTION
3.1 By completing the onboarding questionnaire with supporting documentation and making the Initial Payment, the Customer agrees to be bound by these Terms and Conditions in their entirety. The agreement becomes effective after the Initial Payment as per section 6 below.
3.2 MTNC reserves the right to modify these T&Cs at any time. Customers will be notified via WhatsApp or email at least 14 days before changes take effect. Continued use of the Service after modifications constitutes acceptance of the revised T&Cs.
4. ELIGIBILITY
To be eligible to the Service, the Customer must provide accurate and complete information during onboarding with the following supporting documents:
For professionals:
Be at least 21 years of age
Be a legal resident of Cameroon at the time of subscription
Have legal authority to operate the business for which the Service is requested
For business entities:
A photocopy of the registration with the Trade and Personal Property Credit Register;
A photocopy of the articles of association, where applicable;
A copy of the identity document of the legal representative;
A tax compliance certificate of less than 3 months;
Any other documents that MTNC may request.
5. SERVICE DESCRIPTION
5.1 Service Components
5.1.1 General specifications:
A. Domain Name
One (01) .cm domain registration
Registration is subject to domain availability and compliance with .cm registry requirements
B. Professional Email
Three (3) or more email addresses on the Customer's domain depending on package
Professional email hosting
Mobile and desktop access
C. Logo Design
Three (3) AI-generated logo concepts based on Customer questionnaire responses
Human quality assurance review
Customer selection of one preferred design
One (1) round of minor revisions (color and text adjustments only)
Final logo files delivered in multiple formats suitable for digital and print use
D. One-Page Website
Mobile-optimized responsive design
Template-based (business categories available)
Includes: business information, contact details, click-to-call button, business hours, photo gallery (if available), about section
AI-generated content based on questionnaire, human-edited for quality
1 SSL certificate
Logo integration
E. Social Media Account Setup
Facebook Business Page creation and setup
Profile and cover images installed
Basic business information populated
Login credentials provided
5.1.2 Exceptions to Service components:
The Service does NOT include any component not expressly described as included in the Subscription, mainly:
Social media content creation or posting (Customer is responsible for all posts)
Ongoing graphic design services beyond the initial logo
SEO optimization or advertising campaigns
Custom website features or integrations beyond the standard template
E-commerce functionality
Multiple-page websites
Video production or editing
Instagram or WhatsApp Business profile setup (available as Add-Ons)
Advertising management
Custom software development
Trademark registration or clearance
Search engine ranking guarantees
5.1.3 Delivery Timeline
The complete Service, including all components listed in Section 5.1, will be delivered within two (2) business days from completion of the onboarding questionnaire and the provision of the required supporting documentation.
Delays may occur due to:
Incomplete or inaccurate information and/or documents provided by Customer
Domain registration issues or unavailability
Third-party service provider outages
Force majeure events
Delays caused by the above factors do not constitute breach of contract by MTNC.
5.1.4 Add-Ons
MTNC may offer optional Add-On services to enhance or extend the core Service.
Add-Ons may include additional features, services, or capabilities not included in the standard Subscription.
The availability, pricing, features, and scope of Add-Ons may be modified, introduced, or discontinued at MTNC's sole discretion with reasonable notice to existing subscribers.
5.2 Specific Service Components
5.2.1 Website Edits During Delivery
The Customer may request edits to the website preview during the initial 5-day delivery period. Requests must be:
Submitted promptly upon receiving the preview
Limited to content corrections, photo replacements, and minor layout adjustments
Within the scope of the selected template
Requests for custom features, template changes, or major restructuring are not included.
5.2.2 Monthly Website Updates
As part of the active Subscription, Customers are entitled to one (1) round of website updates per month. A single round may include multiple edit requests submitted together, such as:
Updating business hours
Changing product or service descriptions
Replacing photographs
Modifying contact information
Adding or removing text content
Requests must be submitted by the Customer as a single consolidated request per month. Requests for custom features, template changes, or substantial redesigns are not included and may be available as paid Add-Ons.
5.2.3 Website and Email Hosting
a. Hosting Provider
Website and email hosting are provided through third-party infrastructure providers selected by MTN. MTNC does not guarantee but will make commercially reasonable efforts to ensure:
Adequate uptime for standard business use
Adequate server performance for standard business use
Regular security updates and maintenance
b. Service Interruptions
The Customer acknowledges that Service interruptions may occur due to:
Scheduled maintenance (MTNC will provide advance notice when feasible)
Third-party hosting provider outages
Internet connectivity issues
Cyber-attacks or security incidents
Force majeure events
c. Uptime Guarantee
MTNC does NOT guarantee 100% uptime or any specific uptime percentage. Temporary outages do not automatically entitle the Customer to refunds or service credits.
d. Backups
MTNC will make commercially reasonable efforts to maintain backups of website data but does NOT guarantee data recovery or data retention beyond active service periods.
Customers are strongly encouraged to maintain their own copies of all content, materials, and data. MTNC is not liable for data loss.
e. Security
MTNC is NOT responsible for:
Security breaches caused by Customer's weak passwords or credential sharing
Malware or viruses introduced through Customer's content, computer or actions
Third-party attacks targeting the Customer's business specifically
Security vulnerabilities in third-party platforms or services
5.2.4 Logo Revisions
The Customer is entitled to one (1) round of minor revisions to the selected logo design during the initial delivery period. Minor revisions include:
Color adjustments
Text/font changes
Minor layout tweaks
Major redesigns, new concepts, or substantial changes are not included and may be available as Add-on services.
6. PRICING AND PAYMENT
6.1 Pricing Structure
Initial Payment: As published on the SmartBiz website or communicated by MTNC at the time of subscription
Monthly Subscription: As published on the SmartBiz website or communicated by MTNC at the time of subscription, commencing 30 days after Initial Payment
6.2 Payment Method
All payments must be made via MTNC Mobile Money (MoMo) or other MTN-approved payment methods.
6.3 Auto-Renewal
If activated by the customer, the Subscription automatically renews each month unless cancelled by the Customer. MTNC will attempt to process payment on the renewal date. If payment fails, the Customer will receive notification and has 7 days to complete payment before Service suspension.
6.4 Failed Payments
If the Monthly Subscription payment fails within the timelines below, the following shall apply:
Day 1-3: Reminder notifications sent to subscriber
Day 4-7: Service continues with final payment reminder sent to the subscriber
Day 8+: Service suspended (email stops, website goes offline, domain renewal lapses).
The Customer may reactivate the Service by paying all outstanding amounts plus any applicable reactivation fees as published by MTNC.
Upon suspension and subsequent reactivation, MTNC cannot guarantee the recovery or availability of data that was stored during the suspension period, including but not limited to emails, website content modifications, or domain-related data. Customers are responsible for maintaining their own backup.
6.5 No Refunds
All payments are non-refundable once service delivery has commenced. This includes:
Initial Payment after onboarding questionnaire is completed
Monthly Subscription fees for any commenced billing period
Add-On purchases after delivery
6.6 Price Changes
MTNC reserves the right to modify pricing for the Initial Payment, Monthly Subscription, and Add-Ons at any time.
Increase of monthly Subscription pricing for existing subscribers will be communicated at least 30 days in advance. Continued use after the notice period constitutes acceptance of the new pricing.
7. PARTIES OBLIGATIONS
7.1 CUSTOMER OBLIGATIONS
7.1.1 The Customer must:
Pay Service fees and use the Service in accordance with these T&Cs
Provide accurate, complete, and truthful information and documentation during onboarding
Ensure all business details, contact information, and content are current and correct
Respond to MTNC requests for clarification within 48 hours
Own or have legal rights to all content, photographs, business names, and materials provided and warrants that their use of the Service does not infringe any third-party intellectual property rights. The Customer shall hold harmless and indemnify MTNC for any third-party claim in case of infringement of intellectual property
Maintain confidentiality of all login credentials
Notify MTNC immediately of any unauthorized access or security breach
7.1.2 The Customer shall NOT use the Service to:
Host, display, or distribute illegal, defamatory, obscene, or harmful content
Infringe intellectual property rights of third parties
Impersonate another person or entity
Distribute malware, viruses, or malicious code
Conduct fraudulent activities or scams
Violate any applicable laws or regulations
Send unsolicited commercial emails (spam)
7.2 MTNC OBLIGATIONS
7.2.1 MTNC is responsible for:
Putting in place the necessary resources to ensure the proper functioning of the Service and to maintain its continuity and quality.
Providing the Service in accordance with these General Terms and Conditions and shall only be held liable in the context of the Service being used appropriately.
7.2.2 MTNC shall therefore not be held liable for:
Inaccurate or incomplete information provided by the Customer
Fraudulent or improper use of the Service by the Customer.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Customer Content
The Customer retains all intellectual property rights to:
Business name and trademarks (except the logo as specified in Section 8.2 below)
Original content and photographs provided to MTN
Business information and materials
By using the Service, the Customer grants MTNC a non-exclusive, worldwide license to use, reproduce, and display this content solely for the purpose of delivering and maintaining the Service.
8.2 Logo Ownership and Licensing
8.2.1 Ownership During Subscription Period
The logo design created for the Customer remains the intellectual property of MTNC until the Customer has maintained an active, paid Subscription for a continuous period of 12 months.
During the first 12 months of Subscription, the Customer receives a non-exclusive license to use the logo for their business purposes, including:
Display on their website and social media
Use on business cards, signage, and marketing materials
Reproduction for legitimate business operations
This license is valid only while the Subscription remains active and paid.
8.2.2 Transfer of Ownership After 12 Months
Upon completion of 12 continuous months of active, paid Subscription, full ownership and intellectual property rights to the logo automatically transfer to the Customer. After this transfer:
The Customer owns the logo outright
MTNC retains no ownership claims
The Customer may continue using the logo even if the Subscription is subsequently cancelled
8.2.3 Early Cancellation - Logo Buyout Option
If the Customer cancels their Subscription before completing 12 months, they have two options:
Option 1: Cease Use
The Customer must immediately cease all use of the logo and remove it from all materials, websites, and platforms.
Option 2: Purchase Ownership
The Customer may purchase full ownership rights to the logo by paying the buyout fee as published by MTNC at the time of cancellation.
Upon payment of the buyout fee, full ownership transfers to the Customer.
8.2.4 Subscription Lapses and Reinstatement
If the Subscription lapses due to non-payment but is reinstated within ten (10) business days, the 12-month ownership timeline continues from where it left off.
If the lapse exceeds thirty (30) calendar days, the 12-month timeline resets upon reinstatement.
8.2.5 AI-Generated Design Disclaimer
The Customer acknowledges that:
The logo was created using artificial intelligence tools
MTNC does not warrant that the design is unique or free from similarity to existing works
The Customer is responsible for conducting trademark searches if they wish to register the logo
Similar AI-generated designs may be created for other customers using the same AI tools
The Customer is responsible for reviewing and approving all AI-generated materials before final delivery.
8.3 MTNC Platform and Templates
MTNC retains all intellectual property rights to:
The « MTN SMARTBIZ » Offer service platform and systems
Website templates, code, and technical infrastructure
The « MTN SMARTBIZ » Offer brand and associated trademarks
Service methodologies and processes
The Customer receives a license to use the website and email services only for the duration of their active Subscription.
8.4 Third-Party Components
The Service may incorporate third-party software, plugins, or services. Use of these components is subject to the third-party providers' terms and licenses.
9. CANCELLATION AND TERMINATION
9.1 Customer Cancellation
The Customer may cancel their Subscription at any time by:
Contacting MTNC customer service through official channels
Following cancellation procedures communicated by MTN
Cancellation takes effect at the end of the current billing period. No refunds are provided for partial months.
9.2 Effects of Cancellation
Upon cancellation or non-renewal, the following will occur immediately or at the end of the billing period:
9.2.1 Immediate Loss:
Upon cancellation or non-renewal, the following will occur immediately or at the end of the billing period:
Professional email accounts deactivated (emails cannot be sent or received)
Website goes offline and becomes inaccessible
Domain registration renewal stops (domain will expire per registry timeline)
Hosting services discontinued
Technical support access terminated
License to use the logo terminates (see Section 8.2 for logo ownership rules)
9.2.2 Retained by Customer:
Logo files (if 12-month ownership threshold was met, or if buyout fee was paid)
Social media account ownership (Customer retains login credentials; MTNC is not responsible for ongoing management)
Any content or photos originally provided by Customer
9.3 MTNC Termination Rights
MTNC may suspend or terminate the Service immediately and without refund if:
Customer violates these Terms and Conditions
Customer engages in Prohibited Use (Section 7.1.2)
Customer fails to pay Subscription fees within 7 days of due date
Customer provides fraudulent information
MTNC is required to do so by law or regulatory authority
Customer use creates security risks or excessive resource consumption
9.4 Data Retrieval
Upon cancellation, the Customer has 14 days to request copies of:
Website content and images (delivered as files)
Email export (if technically feasible and available)
After 14 days, MTNC has no obligation to retain or provide Customer data.
9.5 Effect on Add-Ons
Cancellation of the core Subscription automatically terminates all associated Add-On services. Add-Ons cannot be maintained independently of the core Subscription.
9.6 Logo Rights Upon Termination
Logo ownership and usage rights upon termination are governed exclusively by Section 8.2. Customers who have not completed 12 months of Subscription must either cease logo use or pay the buyout fee to retain ownership.
10. LIMITATION OF LIABILITY
10.1 Service Provided "As Is"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
Warranties of merchantability or fitness for a particular purpose
Guarantees of uninterrupted or error-free service
Warranties that the Service will meet Customer's specific business requirements
Guarantees of specific business outcomes or customer acquisition
10.2 Third-Party Services
MTNC is not responsible for:
Performance, availability, or policies of third-party services (domain registrars, hosting providers, email platforms, social media platforms)
Changes to third-party platform features, pricing, or terms
Data loss or service interruptions caused by third-party providers
Social media platform account suspensions or policy violations
10.3 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY CAMEROONIAN LAW, MTNC SHALL NOT BE LIABLE FOR:
Loss profits, revenue, or business opportunities
Loss of data or content (beyond commercially reasonable backup efforts)
Reputational damage or loss of goodwill
Indirect, incidental, special, consequential, or punitive damages
Any damages arising from Service interruptions, delays, or errors
10.4 Liability Cap
MTN's total aggregate liability for any and all claims arising from or related to the Service shall not exceed the total amount paid by the Customer in the 3 months immediately preceding the claim.
For Customers subscribing for less than 3 months, liability is capped at the total amount actually paid.
10.5 Force Majeure
MTNC is not liable for failure or delay in performance caused by circumstances beyond its reasonable control, including:
Natural disasters, epidemics, pandemics
War, terrorism, civil unrest
Government actions, regulations, or restrictions
Internet outages or telecommunications failures
Third-party service provider failures
Cyber-attacks affecting infrastructure providers
11. INDEMNIFICATION
11.1 Customer Indemnity
The Customer agrees to indemnify, defend, and hold harmless MTN, its affiliates, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
Customer's breach of these Terms and Conditions
Content, materials, or information provided by Customer
Customer's use of the Service in violation of applicable laws
Infringement of third-party intellectual property rights by Customer's content
Customer's business operations or interactions with their customers
Unauthorized access to Customer's accounts due to Customer's failure to secure credentials
11.2 MTN's Right to Defend
MTNC reserves the right to assume exclusive defense and control of any matter subject to indemnification by Customer, in which case Customer shall cooperate with MTN's defense of such claim.
12. SUSPENSION RIGHTS
12.1 Grounds for Suspension
MTNC may immediately suspend the Service (without terminating the Subscription) if:
Payment is overdue by more than 7 days
Customer's account is under investigation for Prohibited Use
MTNC receives legal notice or court order requiring suspension
Customer's usage patterns indicate fraud or abuse
Customer's website or email is compromised and sending spam or malware
12.2 Notice of Suspension
MTNC will make reasonable efforts to notify the Customer of suspension, except when immediate suspension is required for security or legal reasons.
12.3 Reinstatement and Data Availability
To reinstate suspended Service, the Customer must:
Pay all outstanding amounts
Remedy the violation that caused suspension
Cooperate with any MTNC investigation
Pay any applicable reactivation fees as published by MTN
MTNC has no obligation to reinstate Service if suspension was due to serious violations of Section 7.1.2 (Prohibited Use).
12.4 Subscription Duration and Logo Ownership
Periods of suspension do NOT count toward the 12-month logo ownership threshold described in Section 8.2.4. The 12-month timeline is based on continuous active, paid Subscription periods only.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 Informal Resolution
Before initiating formal proceedings, the parties agree to attempt good-faith resolution through MTNC's customer service channels. The Customer should contact MTNC from 9:00 a.m. to 6:00 p.m., Monday through Saturday, excluding public holidays via:
WhatsApp support line: 679018282
Email: careline.cm@mtn.com
Call to 8404
MTNC Service centers
13.2 Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Cameroon.
13.3 Dispute Resolution
Any litigation that may arise as a result of the interpretation or execution of the terms and conditions of this Contract shall be submitted for arbitration by the GECAM Arbitration Centre, whose rules are herein incorporated.
The Customer shall also have the right to refer the matter to the Telecommunications Regulatory Board in accordance with Article 52 of Law No. 2010-013 of 21 December 2010 governing electronic communications in Cameroon and Article 19 of Decree No. 2013/ 0399/PM of 27 February 2013 laying down the procedures for the protection of consumers of electronic communications services.
13.4 Language
In the event of conflict between English and French versions of these Terms, the English version shall prevail.
14. GENERAL PROVISIONS
14.1 Entire Agreement
These Terms and Conditions, together with any Add-On agreements and MTN's Privacy Policy, constitute the entire agreement between MTNC and the Customer regarding the Service.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
14.3 Waiver
MTN's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
14.4 Assignment
The Customer may not assign or transfer their rights or obligations under these Terms without MTN's prior written consent. MTNC may assign these Terms to any affiliate or successor entity without notice.
14.5 Notices
All notices from MTNC to Customer will be provided via:
WhatsApp message to the number provided during onboarding
Email to the professional email address created for the Customer
SMS to the MTNC Mobile Money phone number
Notices are deemed received 24 hours after sending.
The Customer may provide notice to MTNC via the contact methods specified in Section 15 below.
14.6 Survival
Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, Intellectual Property Rights, and Dispute Resolution) shall survive termination of these Terms.
15. CONTACT INFORMATION
For questions about these Terms and Conditions or the « MTN SMARTBIZ » Offer:
MTN Cameroon
360 Rue Drouot, AKWA – P.O Bo 15574 Douala
WhatsApp support line: 679018282
Email: careline.cm@mtn.com
Call to 8404
MTNC Service centers