International Master Service Agreement - MTN Business

15 NOTICESExcept as otherwise expressly provided for herein, any notice required or authorised to be given under thisAgreement shall be in writing and delivered (i) by prepaid registered post or (ii) by facsimile transmission or(iii) by hand, to the address stated above, and shall be deemed to have been served, in respect of (i) 14 daysafter such posting and in respect of (ii) and (iii) on the next business day after the date of such transmissionor delivery. Notwithstanding the aforementioned, technical and service related notices relating to the Servicesshall be sufficient if transmitted to the Customer’s designated point of contact by e-mail and/or SMS(whichever is more appropriate in the circumstances) and shall be deemed to have been served on thetransmission date of such e-mail and/or SMS.16 ENTIRE AGREEMENTThis Agreement sets out the entire and exclusive agreement between MTN Business and the Customersuperseding all prior or contemporaneous representations, agreements or understandings concerning thesubject matter addressed herein. No oral or written explanation or oral or written information provided shallalter the interpretation of this Agreement. The Customer confirms that, in agreeing to enter into thisAgreement and/or a Service Order, it has not relied on any representation except as set out herein and theCustomer agrees that it shall have no remedy in respect of any misrepresentation which has not become aterm of this Agreement, excluding any fraudulent misrepresentation.17 DISPUTE RESOLUTION17.1 In the event of a dispute concerning this Agreement, each Party shall in the first instance promptly bring thedispute to the attention of a Director or similar person in a management position.17.2 If the Customer wishes to dispute any invoice or part of an invoice falling due in accordance with Clause 4.7,the Customer shall, before the invoice is payable, deliver a notice in writing to MTN Business setting out thenature of its dispute, including: (i) date and number of disputed invoice; (ii) amount in dispute; (iii) reason fordispute; and (iv) supporting documentation, in as far as such documentation is available. Any undisputed partof a disputed invoice shall be paid by the Customer in accordance with Clause 4.7.17.3 The Parties shall use all reasonable endeavours to resolve such payment disputes as soon as is reasonablypracticable.18 CUSTOMER DATA AND PRIVACY18.1 The Customer acknowledges that MTN Business or its agents will, by virtue of the provision of Services,come into possession of Customer Data.18.2 MTN Business shall implement appropriate technical and organisational measures to protect Customer Dataagainst accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or accessand against other unlawful forms of processing. The Customer acknowledges that it has right to accessRegulated Customer Data upon written notice and have any agreed errors in such Regulated Customer Datarectified.18.3 The Customer acknowledges and agrees that MTN Business and its agents may use, process and/ortransfer Customer Data (including intra-group transfers and transfers to entities in countries that do notprovide statutory protections for personal information):18.3.1 in connection with the provision of Services;18.3.2 to incorporate Customer Data into databases controlled by MTN Business for the purpose of administration,provisioning, billing and reconciliation, verification of Customer identity and solvency, maintenance, supportand product development, fraud detection and prevention, sales, revenue and customer analysis andreporting, market and customer use analysis, and18.3.3 to communicate to the Customer by voice, letter, fax or email regarding products and services of MTNBusiness or its MTN Business Affiliates.The Customer may withdraw consent for such use, processing or transfer of Customer Data as setout above, unless it is required to (i) provision, manage, account and bill for the Services; (ii) carryout fraud detection; or (iii) comply with any statutory obligation, regulatory requirement or court orother public authority order, by sending written notice to MTN Business in accordance with theprescribed form, available from MTN Business on request.18.4 The Customer warrants that it has obtained and will obtain all legally required consents and permissions fromrelevant parties (including data subjects) for the use, processing and transfer of Customer Data as describedin this Clause 18.19 GOVERNING LAW AND JURISDICTIONThis Agreement shall be governed and construed in accordance with South African law, and MTN Businessand the Customer irrevocably agree to the exclusive jurisdiction of the South African courts.