Provision of the Services

1. Subject to the terms and conditions set out in this Agreement, Vodacom shall activate the SIM card and maintain the availability of the Services to you throughout the duration of this Agreement.

2. The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and any Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference.

Duration

1. This Agreement will start on the Activation Date and, subject to the terms and conditions of this Agreement shall continue for the Initial Period. After the Initial Period this Agreement will automatically continue on a month to month basis subject to any changes which we have notified you of unless you or Vodacom terminate it on at least 20 (twenty) business days written notice.

2. Despite clause 4.1, either party may terminate this Agreement during the Initial Period or a Renewal Period by providing at least 20 (twenty) business days' notice to the other party in writing. If you do choose to terminate this Agreement during the Initial Period or a Renewal Period, you will be subject to payment of a reasonable premature cancellation charge, determined by Vodacom, and you will have to pay all outstanding amounts in respect of the Services and/or Apparatus related to the Services. A reasonable premature cancellation charge for the purposes of this clause shall mean 75% of the balance of your contract. The balance of your contract is your monthly subscription amount times by the remaining months of your contract. Any amounts outstanding to Vodacom will also be added to the cancellation cost. In respect of the cancellation charges which Vodacom will charge where there is no Apparatus linked to the contract and the contract relates to a SIM card only package, then Vodacom will apply a cancellation charge equivalent to one month of the monthly Subscription Fee. Notice under these circumstances can be given at any point during the contract period but the 1 month notice period will be calculated from the last day of the month that notice was given in.

Charges payable by you and your payment obligations

1. The Subscription Fee shall be due and payable to Vodacom by you as indicated on the invoice received from Vodacom but, in any event, by no later than the last business day of each and every subsequent month until expiry of the Initial Period and/or Renewal Period, as the case may be. Despite the previous sentence of this clause 5.1, Vodacom shall have the right to request you to pay the first month's Subscription Fee in full on the Activation Date.

2. In the case of a Price Plan other than a Top Up Price Plan -

   1. you will pay to Vodacom all charges incurred in respect of the Cellphone Number(s) within 14 (fourteen) days of date of Vodacom's invoice;

   2. Vodacom may impose monetary limits on the maximum value of the total charges you may incur in relation to the Services provided by Vodacom during any one billing period. Should you exceed such maximum value then Vodacom may suspend the Services to you until the value of such maximum amount as well as any other charges that may be due, have been paid in full;

   3. Vodacom reserves the right to impose a monetary limit on the maximum value of Call Charges incurred by you during any one billing period in the amount set out in the application and/or order form to which these terms and conditions relate; and

   4. despite Vodacom being entitled to suspend the Services to you until the value of such maximum amount as well as any other charges that may be due, have been paid in full, it shall be under no obligation to do so, and, should the charges billed to your account nonetheless exceed the monetary limits imposed by Vodacom, you shall remain liable to pay Vodacom any and all charges incurred whether in excess of the said limits or not. You are encouraged to diligently monitor the depletion of any monetary limit set by contacting the Vodacom Call Centre.

3. In the case of a Top Up Price Plan:

   1. on the first day of each month for the duration of this Agreement, Vodacom shall -

      1. automatically recharge your Prepaid Account with airtime to the value of the Subscription Fee, provided that such airtime shall not be available for use by you if you are in arrears with the payment of your Subscription Fees; or

      2. allocate to your account the minutes, data and/or sms quantities based on your Price Plan.

   2. in addition to the airtime value allocated to your Prepaid Account pursuant to the provisions of clause 5.3.1 above, you shall also be entitled to recharge your Prepaid Account at any time by utilizing any of Vodacom's existing recharge mechanisms on such terms and conditions applicable to such recharges, provided that in the event that you are in arrears with the payment of your Subscription Fee(s), then despite having recharged your Prepaid Account, the airtime allocated to the Prepaid Account pursuant to such recharge shall -

      1. not be available for use by you until you have paid all outstanding Subscription Fees;

      2. not be credited to any outstanding Subscription Fees;

   3.  in the event that you pay Vodacom more than what is due in respect of the Subscription Fees, such additional amounts paid shall not be allocated to your Prepaid Account but shall -

      1. be credited toward the following month's Subscription Fees;

      2. and any further remaining amount shall be refunded, free of interest (provided that the overpayment is not due to any fault on the part of Vodacom) to you, if at the end of the term of this Agreement your Subscription Fees are fully paid up and all your obligations hereunder have been fully met.

   4. Each month for the duration of this Agreement you shall be entitled to carry over to the following month the unused portion of airtime value purchased through any additional recharges you may have performed.

4. Each month for the duration of this Agreement you shall be entitled to carry over to the following month any unused portion of the airtime value purchased by the payment of the Subscription Fee(s) in previous months, to a maximum of 5 (five) months, excluding the current month, or such other period as Vodacom may specify from time to time. In respect of the unused portion of the minute, data and/or sms allocation specified in 5.3.2 above, such allocation will expire after 1 (one) month on applicable Smart Plans or 60 (sixty) days in respect of unused data.

5. In addition to the monthly Subscription Fee(s) and Call Charges levied by Vodacom, you will also pay to Vodacom all other charges relating to any other service, incurred in respect of the Services and/or any Apparatus or other equipment purchased by you from Vodacom within 14 (fourteen) days of date of Vodacom's invoice. Vodacom's invoice will itemise the amounts charged to you.

6. Prior to the activation of your Cellphone Number or other services on the Network, Vodacom shall be entitled to require you to pay to it a deposit in an amount which Vodacom in its discretion deems fit.  Such deposit shall be paid by you in cash and shall be retained by Vodacom as security for any other charge that you may become liable to pay to Vodacom and may be appropriated either wholly or in part towards payment of any amount that may be due by you to Vodacom. The deposit or any balance thereof, as the case may be, shall be refunded to you after all your obligations hereunder have been fully discharged.

7. A computerised account or a certificate signed by a Credit Manager of Vodacom, (whose designation need not be proved), setting out the amount due by you to Vodacom shall be taken as proof in the absence of any evidence to the contrary of such amounts as well as the due date thereof and Vodacom shall not be required to provide further proof of the indebtedness unless you can show, on the face of it, that the amount set out in the computerized account or certificate is incorrect.

8. The charges levied by Vodacom may vary from time to time and Vodacom shall provide you with at least 20 (twenty) business days' notice of such variations before they take effect. You shall be bound to pay such varied charges with effect from the date of publication thereof by either Vodacom and/or Vodacom Group unless you exercise your right of termination as provided for in this Agreement.

9. The charges levied by Vodacom in respect of any telecommunications services shall not exceed the Tariff published by the Vodacom Group from time to time. The charges levied by Vodacom in respect of any additional services or in respect of any Apparatus or other equipment purchased by you, that are not subject to Vodacom Group's tariff, shall be in accordance with Vodacom's standard charges as published and amended from time to time.

10. If so required by Vodacom in its sole discretion you must make payment of all amounts due to Vodacom by means of a direct debit order against your banking account. You shall not be entitled to withdraw or revoke the authority of Vodacom to draw against your banking account for the duration of this Agreement without the written consent of Vodacom.

11. All fees, charges and prices set out in this Agreement and/or any price list from time to time are exclusive of Value-Added Tax which shall additionally be borne and paid for by you at the prevailing rate from time to time unless otherwise stated.

12. Terms and conditions specific to your Price Plan may be published on our website on www.vodacom.co.za.

Migration and Conversion

1. With the prior written permission of Vodacom which can be withheld at any time, for any reason, you may be entitled to convert to any other standard Tariff excluding any special discounted Tariffs, offered by Vodacom from time to time provided that -

   1. any charge levied by Vodacom in respect thereof has been paid by you; and

   2. all relevant documents required by Vodacom have been signed by you indicating acceptance of any terms and conditions applicable thereto.

2. In the event that you migrate from a Tariff Plan which includes free bundled minutes/seconds to a Tariff Plan which does not include free bundled minutes/seconds, all accumulated free minutes shall be automatically forfeited and you shall have no claim of whatsoever nature against Vodacom in respect thereof, it being your responsibility to ensure that any free bundled minutes/seconds are used up prior to migrating to another Tariff should you wish to use such free services.

3. In the event that you migrate from a Price Plan which includes free or bundled minutes/seconds to any other Price Plan which includes free, bundled minutes/seconds, then you may forfeit all or a portion of the accumulated minutes/seconds.

4. In the event that you migrate from a Price Plan which includes free, discounted or bundled VAS services to any other Price Plan which does not include any free, discounted or bundled VAS services, then you may forfeit all or a portion of such VAS services or lose all such free or discounted VAS benefits and may be required to pay in full for such VAS service on the new price plan.

Bundled Usage

1. You acknowledge and agree that should the Price Plan selected incorporate any bundled minutes/seconds, then -

   1. all calls made after the bundled minutes/seconds have been used up will be charged at the then current out-of-bundle rate as set out in the Price Plan

   2. if you migrate from such Price Plan to any other Price Plan incorporating bundled minutes/seconds, then Vodacom will determine the number of bundled minutes/seconds which will be carried over to the new Price Plan and you may forfeit all or a portion of the accumulated minutes/seconds; and

   3. upon termination of this Agreement for any reason whatsoever, any accumulated Airtime or unused bundled minutes/seconds existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against Vodacom in respect thereof, it being your responsibility to ensure that any accumulated Airtime or unused bundled minutes/seconds are used up prior to termination should the Customer wish to use such accumulated Airtime or unused bundled minutes/seconds; and

   4. all airtime used by you will be applied first against your most recent allocation of bundled minutes/seconds; and thereafter against your oldest active carried over unused bundled minutes/seconds

   5. Any accumulated and unused bundled minutes/seconds will expire in accordance with the period stipulated in the relevant Tariff plan's terms and conditions available on www.vodacom.co.za.

   6. General Service calls or connections are included in the bundled minutes/seconds, except calls to 110 - Directory Enquiries. Calls to Directory Enquiries will be charged separately at the current rate as set out in the Price Plan.

   7. calls or connections to Value Added Services are excluded from the bundled minutes/seconds and will be charged for separately at the current rate as set out in the Price Plan.

2. you acknowledge and agree that should the Price Plan selected include any bundled data, then -

   1. all data used after depletion of the bundled data will be charged at the current out-of-bundle rate as set out in the Tariff;

   2. accumulated and unused data may be carried over for a period of up to 60 (sixty) days where after it shall be forfeited.

   3. if you migrate to any other Price Plan , migration rules will apply and you may forfeit all or a portion of the accumulated data bundle

   4. upon termination of this Agreement for any reason whatsoever, any accumulated Data or unused bundled Data shall be forfeited and you shall have no claim of any nature against Vodacom in respect thereof.

3. You acknowledge and agree that should the Price Plan selected incorporate any bundled SMS, then

   1. all SMSs sent after depletion of the SMS bundle will be charged at the current out-of-bundle rate as set out in the Price Plan;

   2. if you migrate to any other Price Plan, regardless of whether the new Price Plan selected incorporates any bundled SMS's, Vodacom will determine the number of bundled SMS's which will be carried over to the new Price Plan and you may forfeit all or a portion of the accumulated SMS; and

   3. upon termination of this Agreement for any reason whatsoever, any accumulated SMS's or unused bundled SMS shall be forfeited and you shall have no claim of any nature against Vodacom in respect thereof.

   4. accumulated and unused SMS may be carried over for a period of up to one month where after they will be forfeited

   5. The following SMS categories shall be excluded from all SMS bundles and/or the unlimited SMS bundle benefit included on selected Smart plans:

      • International

      • Premium rated

        • Content services

      • VAS services

   6. These categories of SMS are subject to different tariffs as well as terms and conditions - please refer to www.vodacom.co.za for more details.

Value-Added Services

1. You acknowledge and agree that - should you subscribe to any additional service(s) provided by Vodacom ("value-added service(s)"), the provision of such value-added service(s) by Vodacom will be subject to Vodacom's standard terms and conditions applicable to those services from time to time with which you undertake to make yourself familiar with; and

2. if you subscribe to a Tariff Plan which includes a subscription to any Value-Added Service(s), then such subscription to those Value-Added Service(s) may only be terminated prior to the expiry of the Initial Period or the Renewal Period, as the case may be, by giving Vodacom at least 20 (twenty) business days' notice in writing. If you do choose to terminate those Value-Added Services during the Initial Period or a Renewal Period, you will be subject to payment of a reasonable premature cancellation charge, determined by Vodacom.

Risk and Ownership

1. In the event of Vodacom providing you with Apparatus, then -

   1. From the moment you take possession of the Apparatus, you will be responsible for and liable for all risk in and to the Apparatus which will include but not be limited to loss, damage, accidental damage, liquid damage, theft unauthorised use of the Apparatus subject to any applicable warranty provided with such Apparatus or imposed by operation of law; and

   2. Vodacom will remain the owner of the Apparatus for the duration of the Initial Period.

2. Ownership of the SIM card allocated to you shall, at all times, remain vested in Vodacom. All risk in and to the SIM card which will include but not be limited to the loss, damage, accidental damage, liquid damage, theft and unauthorised use etc of the SIM Card shall pass to you upon delivery of the SIM Card

3. The provisions of clause 9.1 shall also apply, with the necessary changes, to the Renewal Period where you have chosen an Upgrade.

Listing of Apparatus

1. Should you fail to meet any payment obligations during the Initial Period or the Renewal Period, as the case may be, then Vodacom shall be entitled to prevent the further use of your Apparatus and you indemnify Vodacom in respect of any claim whatsoever arising from Vodacom exercising its right in terms hereof.

2. In the event of the theft or loss of Apparatus, you shall be obliged in terms of law to inform Vodacom of such theft or loss in order for Vodacom to list such Apparatus on the blacklists as determined by the prevailing policy of Vodacom from time to time. Vodacom shall effect such listing provided that all required information has been supplied by you.

3. For the purposes of this clause 10, "blacklist" shall mean the disablement by electronic or other means, of an Apparatus, thereby preventing its |further use.

4. In the event of the theft or loss of an Apparatus, the provisions of clause 17.2 below shall also apply, with the necessary changes.

5. Vodacom shall be entitled to levy a reasonable charge for the listing referred to in clause

6.  above and/or the removal of an Apparatus from the blacklist.

Disclosure of Information

1. You consent that Vodacom may, to the extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to -

   1. any credit providers, credit bureau or credit reporting agencies;

   2. any law enforcement agencies that require the information for the prevention or investigation of criminal activities;

   3. any of Vodacom's shareholders, related entities, suppliers, agents, professional advisors or any company within the Vodacom Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008;

   4. any of Vodacom's shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes;

   5. any company within the Vodacom Group for any purpose connected with the Services or the Network or incentive scheme purposes.

2. Despite any part of this Agreement that may indicate otherwise, Vodacom shall be entitled to utilize your detailed call records for any lawful purpose including but not limited to tracing and/or collection purposes.

Your Acknowledgement

You acknowledge and agree that -

1. The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and the Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference; and

2. to the extent permitted by law, Vodacom shall not be liable for non-availability of the Services.

Liability

1. You indemnify and hold Vodacom and each company within the Vodacom Group harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by Vodacom or any company within the Vodacom Group, which arises directly or indirectly out of a breach of the terms of this Agreement by you or by your use of the Services and/or the Apparatus, other than in respect of losses caused by the negligence or intentional misconduct of Vodacom or any company within the Vodacom Group or any of their respective employees, directors or agents.

2. Without affecting the generality of 13.1 above, Vodacom shall not be liable to you for any breach of this Agreement or failure on Vodacom's part to perform any obligations as a result of technical problems relating to the Network, termination of any licence to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, industrial disputes or any other cause beyond the control of Vodacom.

Your Undertakings

You shall -

1. comply with all instructions issued by Vodacom which concern your use of the services, the Apparatus or related matters; and

2. not be entitled to commercially exploit the services in any manner whatsoever without Vodacom's prior written consent, including without limitation, the provision of telephony services to third parties; and

3. provide Vodacom with all such necessary information as Vodacom may, in its sole discretion, reasonably and lawfully require;

4. only use a Apparatus which is approved for use in conjunction with the Network by Vodacom;

5. engage with Vodacom, other members of the Vodacom Group and their respective staff and agents in a courteous, cordial and respectful manner at all times.

Suspension/Disconnection

1. Vodacom may from time to time, by giving you advance notice where reasonably practicable and dependent on the circumstances, suspend the Services or disconnect your Cellphone Number from the Network for a period to be determined by Vodacom, in any one of the following circumstances -

   1. during any technical failure, modification or maintenance of the Network; or

   2. if you fail to comply with any of the terms and conditions of this Agreement; or

   3. if so directed by the Regulatory Authority; or

   4. in any other instance specifically provided for in this Agreement, and in such event, the provisions of clause 13 and where applicable, clause 16.6 below shall also apply, with the necessary changes.

2. Having regard to the circumstances at the time of suspension, disconnection or reconnection, as the case may be, Vodacom shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any reconnection.

3. Where this Agreement is terminated at your instance in accordance with clause 4.1 or 4.2 above, as the case may be, Vodacom shall be entitled to disconnect your Cellphone Number at any time on the relevant date of termination and at which time the provisions of clause 16.6 shall apply, with the necessary changes, and you shall have no claim of whatsoever nature against Vodacom as a result of Vodacom exercising its right under this clause.

Termination

1. In the event that you do not comply with your obligations under this Agreement and you do not correct your failure to comply after receiving a notice from Vodacom requesting you to comply within 20 (twenty) business days, then Vodacom may immediately terminate this Agreement.

2. If this Agreement is terminated by Vodacom for the reason that you have failed to remedy a material failure to comply with or a breach of the Agreement as contemplated in clause 16.1, you shall pay to Vodacom all outstanding charges for access to the Network and you will be subject to payment of a reasonable premature cancellation charge, determined by Vodacom.

3. You shall repay to Vodacom on demand all costs which Vodacom incurs as a result of your failure to comply with the Terms and Conditions of this Agreement or any termination hereof, which may include -

   1. costs in connection with tracing you and/or the Apparatus;

   2. all legal costs on the attorney client scale;

   3. collection commission that may legally be recovered from you by Vodacom's attorneys or collection agents on amounts collected;

   4. the costs incurred in obtaining possession of the Apparatus as well as the cost relating to the valuation, removal, transport, repair, maintenance and storage thereof; alternatively; and

   5. the replacement cost of the Apparatus.

4. To the extent that it is appropriate, the provisions of clause 16.3.2 above apply reciprocally to you, read with the necessary changes.

5. It shall be in the sole discretion of Vodacom as to whether it elects to levy the replacement cost of the Cellular Phone(s) or the charges referred to in clause 16.3.4 above.

6. Any accumulated Airtime or unused bundled minutes/seconds existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against Vodacom in respect thereof.

Loss or Theft of SIM Card

1. You shall notify Vodacom immediately when you become aware of the loss or theft of your SIM card, which notification may, at Vodacom's discretion, be required to be confirmed in writing. In addition, you undertake to comply in full with the requirements of the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002.

2. Any loss, theft, damage or destruction of your SIM card or Apparatus shall not affect your liability to continue to pay the Subscription Fee to Vodacom for the duration of this Agreement.

Policies and Procedures of Vodacom

You agree to comply with and implement the policies and procedures of Vodacom from time to time in relation to the Services, your Cellphone Number, the SIM card, the Network and the use thereof.

Complaint Resolution and Code of Practice

In the interest of providing customer service excellence, and the protection of consumer rights, Vodacom conducts its business in accordance with a Code of Practice which incorporates a procedure for customer complaint resolution. Details of such Code of Practice and procedure may be accessed by you on www.vodacom.co.za or obtained from Vodacom's customer care department. Nothing in this Agreement is intended to prevent you from exercising any rights you may have under the Consumer Protection Act, 2008.

Communication

You hereby consent to the dispatch or transmission by Vodacom of all and any necessary communications in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant legislation. You are entitled to inform Vodacom if you do not wish to receive any communications for purposes of direct marketing and in this instance, Vodacom will desist from circulating any further such material to you.