FNB Connect SIM Card Terms and Conditions

Transcription

1 FNB Connect SIM Card Terms and Conditions FNB Connect Subscriber Contract Terms and Conditions FNB Connect Products and Services Terms and Conditions

2 FNB Connect Subscriber Contract Terms and Conditions 1. Our Agreement 1.1. This Agreement sets out the terms and conditions that apply between FNB Connect and you, for your use of our Network Services Please read this Agreement carefully. Use of the Services will constitute your agreement to comply with the terms and conditions of this Agreement. If you do not agree with the terms and conditions of this Agreement, please do not use these services Please pay special attention to clauses in bold in this Agreement, as these clauses: may contain assumptions of risk and/or liability for you and places obligations and legal responsibilities on you; may contain clauses which limits and excludes your rights and remedies against FNB Connect and may compel you to indemnify FNB Connect; serve as an acknowledgement of fact by you; may limit and exclude risk, liabilities, obligations and legal responsibilities which FNB Connect will have towards you and other persons; and may result in you being responsible for paying additional costs and amounts and FNB Connect may also have claims and other rights against you You will be requesting that we give you access to the Service and the Network in the terms of this Agreement, when you: offer to purchase any FNB Connect Products or Services from us, whether on our Website or through any of our channels (electronically or otherwise); obtain a Quotation and these terms and conditions; purchase and/or obtain a SIM Card and insert the SIM Card into your Mobile Device; enter your PIN and request us to activate your SIM on the Network; request a Port-In or a SIM Swap; give us authority to debit your nominated transactional bank account; or use the Network other than for emergency calls or calls to our customer services department.

3 1.5. You must ensure that you read all the terms and conditions applicable to the Services you select. Accordingly, please ensure that you read the general terms and conditions together with either the Postpaid or Top up/hybrid Contract and any value added services which may be applicable to you. As FNB Connect reserves the right to amend, at any time and from time to time, its Products, Services, rates and rules relating to its Products and Services, with notice to you, it is your obligation to review such terms and conditions on a regular basis If you are not yet 18 (eighteen) years of age, your parent or guardian will need to assist you in entering into this Agreement You agree that all communications between us and you will be in English. 2. Definitions The following words used in this Agreement shall have the following meanings: 2.1. Account in Good Standing means that your account is not in Arrears. The term Account not in Good Standing means that your account is in Arrears; 2.2. Activation means the enablement of a SIM Card, in accordance with the RICA provisions, to access and operate on the Network in terms of this Agreement. In terms of a Port-In, activation means the activation of the SIM Card after porting your Phone Number from another mobile service provider to FNB Connect. The word Activate and Activating has a corresponding meaning; 2.3. Activation Fee means the once-off fee, payable by you, for each connection of a SIM Card to the Network; 2.4. Active Customer means that the Customer has made or received calls, SMSs, used Data or used any chargeable services in the last 90 (ninety) days; 2.5. Agreement means these terms and conditions that apply to Customers, the Quotation, the Tariff Plan terms and conditions and any terms and conditions relating to our Products and Services including value added services, our tariffs and any additional terms and conditions referred to herein or placed on our Website from time to time; 2.6. Airtime means the paid value which is displayed as a Rand value, when loaded onto your Phone Number; 2.7. Airtime Advance means a service that allows qualifying Customers to continue making calls, consuming Data and/or sending SMS even when their airtime balance is zero; 2.8. Airtime Transfer means a service that allows FNB Connect Prepaid and FNB Connect Top Up Customers to transfer a portion of their airtime to another FNB Connect Prepaid or Top Up Customer;

4 2.9. Application Process means your request for a Quotation to access the Products or Services (as applicable), electronically or otherwise; Arrears means that your account is overdue for 1 (one) day or more; Bill means the tax invoices and/or statements of account that we send to you which details the Charges that you owe us; Business Days means all days, excluding Sundays and official public holidays in South Africa. Where any provision of this Agreement refers to Business Days, this will be calculated by excluding the first business day and including the last business day; Cancellation Fee means a reasonable fee which we may charge you for the premature termination of your Agreement; Charges means the charges published by us from time to time, including any charges you must pay for using the Network Services, including but not limited to, delivery charges, SIM Card charges, Activation Fees (including reactivation), Monthly Subscription, Usage Charges, Value Added Services Charges, SIM Swap charges, Port- In charges, and any other charges due by you in terms of any services provided to you such as international roaming; Contract means the Services and/or Products we provide and you use, which Services and/or Products are billed to you in arrears and/or in advance on a regular basis, usually monthly and include Postpaid and Top Up Contracts; Customer means any natural person, who is a South African citizen, with a Qualifying FNB Connect Banking Account who subscribes to this Agreement for access to the Network Services, in accordance with the terms and conditions of this Agreement and who is liable for all Charges incurred; Customer Services means the FNB Connect customer services department which you can contact by dialling (free from your FNB Phone Number or billed at standard rates from a non-fnb Connect phone number), by dialling 147 (free from your Phone Number) or sending an to connecthelp@fnb.co.za; Data means data services or data information transmitted using the network, which is available in predetermined bundle sizes as part of the Services and is measured in increments (kilobytes, megabytes or gigabytes or part thereof), as advised by FNB Connect in accordance with your Tariff Plan; ID means your South African green bar-coded identity document or smart card, a temporary ID, or your South African passport;

5 2.20. Inclusive Value means the monthly bundled value of voice minutes, Data and SMSs that allows you to make calls, send SMSs, send MMSs and/or use Data, as part of your Tariff Plan. For the avoidance of doubt, this excludes the costs defined as Charges; Initial Period means the duration of your Contract, as detailed in your Application Process, which begins on the Commencement Date; Intellectual Property means collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, knowhow, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by us on or in connection with our Website or our Services or the Network; International Roaming means that when you use the Network Services outside the borders of South Africa, you will use the network of electronic communications international roaming partners of FNB Connect; International Roaming charges means the charges you will be responsible for upon your use of the Services, including all incoming and outgoing calls, SMSs and Data charges incurred when you activate International Roaming. All such charges will include the foreign network charges as well as South African roaming charges. These charges are not included in your Monthly Subscription; Internet Services means the wireless internet services that we and/or a third party provider may provide to you; Law/Laws means all laws that are applicable to us, you, the Services, the Network and/or the Products or their use, including, but not limited to, any regulation, legislation and subordinate legislation published from time to time; any applicable industry code, policy or standard enforceable by law; and any applicable direction, rule, pronouncement, policy or order that is given by a regulator; Message means an SMS, MMS or ; Migrate means when you move from or between one FNB Connect Tariff Plan/Package to another FNB Connect Tariff Plan/Package; MMS means a multimedia communication comprising text and pictures; Mobile Device/Device means any mobile device/s that you may use to access the Services, including a phone, modem used to access Internet Services and a tablet; Monthly Amount means the minimum amount that you must pay us every month, which includes the Monthly Subscription and any bundles purchased through the available Subscription Limit;

6 2.32. Monthly Subscription means the minimum monthly subscription amount that you agree to pay us every month in terms of your Contract, which includes the Inclusive Value, as well as services subscribed to by you such as itemised billing and caller line identity (CLI), allocated to you in terms of your Contract. This excludes any Usage Charges or other benefits purchased by you or given to you as a result of a promotion/s run by us at any time; Network means the electronic communications network and/or the wireless platform for internet services in South Africa and internationally that allows you to receive or use the Services; Network Operator means our partnered network operators/service providers, licensed by ICASA to operate a Network in South Africa; Network Services means the network services and any other related services made available to Customers by FNB Connect in terms of this Agreement, which includes but is not limited to the Services, International Roaming and Value Added Services; Out of Bundle means the rates at which usage related to voice, Data and SMS is charged, when the Inclusive Value or prepaid bundle is fully depleted; Package means the range of FNB Connect Postpaid Contract Tariff Plans, FNB Connect Top Up Tariff Plans, FNB Connect Flexi plan and FNB Connect Prepaid offering; Phone Number means the unique ten digit mobile number assigned to your SIM Card by FNB Connect or the Phone Number you Port-In with; PIN means the default personal identification number that we may give you to access the Services, including Self-Services. You must change this PIN to your own personalised PIN; Port-In/Port Out means when you ask us if you can become our customer and bring your Phone Number with you from another Network Operator or when you leave us and take your Phone Number with you to another Network Operator respectively; Postpaid Contract / Contract means an FNB Connect contract where you pay a Monthly Subscription to us and we allow you to use the Services and Bill you monthly in arrears; Prepaid means when you purchase a selected amount Airtime, SMS or Data bundles ( Usage ) from us in advance and we allow you to use the Services up until such time as Usage is depleted or expired or you Recharge;

7 2.43. Product/s means the products that we may offer from time to time in connection with the Service, including, but not limited to, Airtime, Bundles, Contracts, Data, MMS, Mobile Devices, Prepaid, Recharges, SIM Cards, Starter Packs, or SMS; Proof of Address means a document that shows your name and home address, such as a bank statement, municipal rates, phone or retail account, TV or car licence, current lease agreement, rental or credit agreement or an insurance policy, or, if you have none of these and you live in an informal settlement, a letter or affidavit, which must not be older than 3 (three) months; Qualifying FNB Connect Banking Account means an individual s FNB Cheque account (FNB Gold Cheque Account, FNB Platinum Cheque Account, FNB Staff Cheque Account, FNB Private Wealth Cheque Account, FNB One Account, FNB Islamic Cheque Account, FNB Encore Platinum Cheque Account, FNB Private Clients Cheque Account, RMB Private Bank Cheque Account, RMB Private Bank Signet Cheque Account and FNB Private Wealth Signet Cheque Account). This list may change from time to time. For the avoidance of doubt, this excludes joint and single structure d facility account, FNB Credit card, FNB Savings account, FNB Investment accounts and FNB revolving credit account; Quotation is our document containing key information regarding your agreement with us, including but not limited to, your contract information, your key personal information as it will appear on your account, information about your SIM Card and details about the Tariff Plan you have chosen, and any payment terms; Recharge means when you top up your account by buying and loading Airtime and/or SMS and/or Data to access our Services by buying an electronic Recharge voucher; via a virtual vendor; via the Self-Services; and/or via a debit order, an ATM, internet banking and/or credit card. The word Top Up will have a similar meaning; Renewal Period means the month-to-month period in which your Contract will continue after the Initial Period has ended; Regulatory Authority means the Independent Communications Authority of South Africa (ICASA) and any subsequent or replacement regulatory body; RICA means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2000, as amended and any regulations thereto; Self-Service means the self-care services available from us from time to time, which includes but is not limited to FNB s electronic channels;

8 2.52. Service/s means the digital electronic communications service, internet services and other electronic communications services that we and any third party provider/s provides to you over the Network from time to time and all associated services thereto; SIM Card means the Subscriber Identity Module card containing your Phone Number and which is registered and programmed to allow you access to our Service over the Network; SIM Swap means the process whereby you request a new SIM Card from FNB Connect, to replace your existing SIM Card which may be faulty or lost. Your Phone Number will remain unaffected; SMS means a short message service or text communication; South Africa means the Republic of South Africa; Subscription Credit Limit means the maximum credit that we will apply to your Contract, which is based on your creditworthiness; Subscription Limit / SIM Limit means the maximum amount that the Customer can be billed in a month, which will be set by the Customer, is over and above the Monthly Subscription and which will not exceed the Customer s Subscription Credit Limit; Tariff Plans means the various types of tariff (costs) plans for the FNB Connect Prepaid, Top Up or Postpaid Contract that you choose. Our Tariff Plans are published on our Website; Top Up Contract means a contract where you pay a Monthly Subscription to us, and, once you have reached your Subscription Limit, you must Recharge or Top Up with prepaid vouchers in order to use our Services; Usage Charges means the charges for the use of the Network Services which exceeds the Inclusive Value and are generally charged at an Out of Bundle rate and/or at a premium rate (for premium-rated services); VAT means value-added tax, as envisaged in the Value Added Tax Act, 89 of 1991, as amended; Value Added Services Charges means itemised billing charges, caller line identity (CLI) charges, all premium-rated service charges and any other charges which do not form part of the Customer s Inclusive Value which FNB Connect deems a value added service; We/us/our/FNB Connect means FirstRand Bank Limited (Registration Number: 1929/001225/06) (VAT Registration Number: ) its affiliates, subsidiaries or its successors-in-title;

9 2.65. Website means Writing or written may include notices by SMS (sent to a Mobile Device) only when it is sent from FNB Connect to you. It also includes an sent by FNB Connect to you, or a voice call recorded by an official FNB Connect call centre; and You/Your means you, the Customer, who applies for access to and receives our Services. 3. Commencement and Duration of this Agreement 3.1. This Agreement will commence on the date that we Activate your SIM Card on the Network This Agreement will, subject to the terms and conditions of this Agreement, continue for the duration of the Initial Period In accordance with the Consumer Protection Act, FNB Connect will provide you with notice, at least 40 (forty days) but no more than 80 (eighty) days, of: the impending end date of your Contract s Initial Period; any material changes which may be applicable if the Contract continues on a month-to-month basis or is renewed; and your options to terminate the Contract at the end of the Initial Period or the during the Renewal Period (as applicable) If you do not renew your Contract after the Initial Period, your Contract will continue on a month-to month basis (the Renewal Period) In accordance with the Electronic Communications and Transactions Act, No. 25 of 2002 and clause below, you may cancel this Agreement within 7 (seven) days after the date of purchase or after the date of delivery (whichever occurs later) Upon delivery to you of the SIM Card, all risk for loss, damage, theft and liability will pass to you. 4. Credit Vetting and Subscription Credit Limit 4.1. You will need to pass a credit check and meet out internal credit vetting criteria in order for us to agree to give you a Contract. By applying for a Contract, you consent to us conducting a credit check and you agree to provide us with such information and documents that we request You may have to pay an Activation Fee in order to become a Contract Customer. You will also be liable for Value Added Services Charges such as itemized billing, caller line

10 identity (CLI). Customers may unsubscribe from certain charges which are not mandatory The Subscription Credit Limit that we place on your Contract will apply to all Services subscribed to by you and will be an amount that we consider appropriate in our sole discretion. You may not exceed this Subscription Credit Limit, unless you make an application to us in this regard If you want to change your Tariff Plan or increase your Subscription Credit Limit, we may conduct credit checks on you again We have the sole discretion to decide whether to grant you a Contract and/or increase your Subscription Credit Limit From your approved Subscription Credit Limit, you may select a monthly Subscription Limit, which is over and above your billed Monthly Subscription, applicable to FNB Connect Postpaid Contracts only. You may not incur any expense over and above this Subscription Limit. You may monitor your usage and monthly Subscription Limit via the Self-Service Channels or by contacting Customer Services. Once you reach your maximum Subscription Limit, you will have to Recharge (applicable to FNB Connect Top Up and FNB Connect Flexi Customers) or contact Customer Services in order to continue using the service. 5. Use of the Network Services 5.1. We will take all reasonable steps to make the Services and Products available to you at all times, in accordance with this Agreement Although we will take all reasonable measures to ensure that our Services and Products are available to you on a consistent and continuous basis, we cannot always guarantee a fault-free continuous service. The quality and availability of the Services may sometimes be affected by factors such as bad weather, functionality of your Mobile Device, the number of other Network users trying to use the Network at the same time, weak signals, Network coverage, bandwidth capacity, technology speeds and faults in other networks The Network and the Service may need upgrading, maintenance or other work from time to time, which may result in interruptions or unavailability, which we may not be able to do anything about. We will take reasonable steps to advise you in advance of such interruptions or unavailability Your obligations in terms of this Agreement include: complying with and not breaching any applicable Laws;

11 only using the Service and/or Network for lawful purposes and consumer use only. This means that: you may not use the Network Services for commercial use (commercial use includes, but is not limited to the intention of promoting, enabling, subscribing to, selling (directly or indirectly) the goods, services or image of any person pursuing a commercial, industrial, craft, religious, charitable or political activity, exercising a regulated profession or payphone usage); you will not abuse the Services and/or Network or knowingly or carelessly allowing any other person to do so. Examples of unlawful or abusive use include, but are not limited to, SIM farming, server hosting, least cost routing, intelligent routing devices, bulk calling services, bulk messaging services, infringing another person's rights, defaming another person, doing anything which may reasonably be considered to be offensive, abusive, discriminatory, indecent or a nuisance, sending spam, hacking, phishing or transmitting anything which contains viruses or other software, code, programmes or files which may damage any software or equipment; only using the Service with approved Products; not selling, re-selling or in any way making our Services, Products and/or our Tariff Plan available to others nor commercially exploiting the Services in any way whatsoever; and advising your next of kin that in the event of your death, they are responsible for informing FNB Connect immediately. The estate will be liable for all Charges incurred We may refuse, at our sole discretion, to provide you with Services and/or Products, if you do not qualify, do not meet our credit vetting and/or other criteria or if you fail to pay the required deposit (if applicable) RICA: In order for us to provide the Network Services to you, you must register with us in terms of RICA and provide all necessary required documentation and information, which includes: your original ID (as defined above);

12 a certified copy of your original ID; and a certified copy of your Proof of Address You understand and acknowledge that failure to comply with clause above will result in FNB Connect not Activating your SIM Card We will provide you with the use of a Phone Number upon your registration in terms of RICA and activation of your SIM Card or allow you to use your existing Phone Number should you Port-In In certain instances, as prescribed by RICA, we may be required to intercept, block, filter, read, delete, disclose and use your communications sent or posted via the Network We may be required to disclose the information relating to you to a law enforcement officer on receipt of a directive issued in terms of RICA You must immediately report any loss, theft or destruction of your SIM Card and/or a Mobile Device to FNB Connect as well as to the South African Police Services (SAPS), otherwise you will be committing an offence and will be liable for a fine or imprisonment. Further, in terms of clause 11.5 below, you will be liable for all Charges incurred until such time Should you transfer your SIM Card to another person (other than a family member or a dependent of yours), then you must register the details of that person with us in terms of RICA, or you will be liable for a fine or imprisonment. The person (other than a family member or a dependent of yours) taking ownership of the SIM Card must also meet the minimum requirements as detailed in this Agreement We reserve the right to change, withdraw, suspend or re-assign your Phone Number, if we are obliged to do so by ICASA or Law, upon notice to you SIM Card/s: You acknowledge and agree that no right, title or interest in the software contained in each SIM Card or software contained in the Phone Number vests in you or will vest in you. FNB Connect does recognise that you will retain the use of your Phone Number in the event that you choose to Port Out your Phone Number You are advised to only Activate your SIM Card once it has been delivered to you. Should you Activate the SIM Card before it has been delivered to you, you shall be held liable for any Charges incurred

13 Authority. associated with the SIM Card. Please note that you must present your ID and provide a copy of your ID to the delivery company, in order to receive your delivered SIM Card We do not warrant the SIM Card which is damaged due to water or physical alteration (intentionally or negligently). FNB Connect reserves the right to investigate any damage and will advise the Customer of their rights (if any) You must keep your SIM Card safe and only use it to access our Services. If your SIM Card is lost, stolen or damaged, you must immediately block the SIM Card. You may request a replacement SIM Card (SIM Swap). We may require you to pay a fee for the new SIM Card and the SIM Swap process You will be liable for all charges relating to use of your SIM if it has been lost or stolen, until the time that you notify us that you have lost the SIM or that it has been stolen You agree to only use your SIM Card with Mobile Devices approved by the Regulatory You warrant that you will not modify, decompile, reverse engineer or tamper with the software contained in or relating to the SIM Card You may purchase a Mobile Device from us and we may allow you to pay for a Mobile Device in monthly repayments. Mobile Devices purchases and payments are governed by the FNB Terms and Conditions for Smart Devices. Please visit to view these terms and conditions Mobile Number Portability You agree and understand that when you Port-In to this Contract, you will forfeit (that is, lose) any airtime value (inclusive of data and SMS), your voic messages, any third party services, any service credits provided to you by any other network provider or service provider. These values and services are not transferable to us or refundable to you when you Port-In. You will only have access to our Services as provided for and defined in this Agreement You acknowledge and accept that in the event that you Port-Out, any unused Inclusive Value, Airtime, SMS and/or Data bundles, Services and voic messages will be forfeited (that is, lost). You are advised to use all your Inclusive Value, Airtime, Data, SMS and/or promotional credits (the unused value ) before you Port-Out. FNB Connect will not

14 refund you for any unused value which you have forfeited as a result of your decision to Port-Out Please note that should you have any International Roaming charges which are outstanding, you will not be able to Port-Out You agree and understand that when you decide to Port-In to FNB Connect, you have to pay all outstanding amounts due to the network provider or service provider you are porting from. We are not responsible for paying any amounts owing by you to the network provider or service provider from which you requested a Port-Out You agree and understand that you remain liable to pay all amounts due to us in the event that you Port Out In the event that you Port-Out your Phone Number, the provisions of the Mobile Number Portability Regulations will apply. 6. Tariff Plans 6.1. Your Contract may include Inclusive Values of voice minutes, Data and SMSs, per month. This Inclusive Value will form part of your Monthly Subscription. Where your use of the Network Services exceeds the Inclusive Value, the following rules apply: Top Up Contract Customers must purchase additional airtime, Data bundles and/or SMS bundles, in order to continue using the Network Services; Postpaid Contract Customers will be billed at the applicable Out of Bundle rate, for use of the Network Services, until the next month when you will receive your monthly Inclusive Value There are various rules, terms and conditions relating to the Inclusive Value and bundles, which include, but are not limited to: the value of voice minutes, SMSs and Data you will receive. This may be pro-rated in the first month of your Contract, depending on the date on which your SIM Card is Activated; the type of calls you can make using the Inclusive Value voice minutes, whether this may be used for national and/or international calls, whether this applies to calls made to Customers on the Network or to other networks and whether this applies to premium-rated calls; the type of SMSs you can send using the Inclusive Value of SMSs, whether this may be used for national and/or international SMSs, whether this applies

15 to SMSs sent to Customers on the Network or to other networks and whether this applies to premium-rated SMSs; whether you can use the Data nationally and/or for International Roaming; whether your Inclusive Value can only be used during certain times of the day or on certain days; whether any unused Inclusive Value (and where applicable, Recharge value) will expire or if you will be able to carry-over any unused Inclusive Value (and where applicable, Recharge value) in a particular month to another month, and if so, how long it will be available for you to use; the rates applicable for use of voice minutes, SMSs and Data; the rules relating to depletion of voice minutes, SMSs and Data (for example, any free voice minutes, SMSs or Data which you may have may deplete before or after your Inclusive Value); and whether you will be able to purchase additional voice minute, SMS and/or Data bundles, depending, for example, on your available credit limit All rules relating to the Inclusive Value, add on bundles and Value Added Services for each Tariff Package are detailed in the terms and conditions of the applicable Tariff Plan, which may be found on The FNB Connect rates applicable to voice calls, SMSs, MMSs, Data usage, Value Added Services such as content and monthly service fees (if applicable), payable for access to the Network Services may be found on You will be able to use the Network Services only when you are in South Africa, in an area covered by the Network. Should you wish to make use the Network Services outside of South Africa on another mobile network, you will be required to activate International Roaming services which will attract additional Charges. 7. Notifications 7.1. FNB Connect will use all reasonable endeavours to notify you of events occurring on your account, including but not limited to, your balances prior to it running out, the Subscriber Usage Limit being reached, migration requests and SIM Swaps, however, FNB Connect will not be liable for any delays in notifying you or not notifying you at all. You will remain liable for all Charges incurred by you Customers may be notified by SMS or of the events referred to in clause 7.1 above.

16 7.3. Please note that these notifications are service notifications and Customers may not opt out of these. 8. Tariff Plan Migration 8.1. You may cancel this Agreement and apply to enter into a new Agreement with FNB Connect for a migration to a new Tariff Plan, either: at the end of the Initial Period; prior to the expiry of the Initial Period; or during the Renewal Period You may apply for upward migration (that is, to a higher Tariff Plan) or a downward migration (that is, to a lower Tariff Plan) Should you cancel this Agreement and enter into a new agreement with FNB Connect (in terms of clause above) or conclude a downward migration (in terms of clause 8.2 above), you may be liable for a Cancellation Fee A Tariff Plan migration amounts to a new agreement between you and FNB Connect. You will therefore be bound to all terms and conditions which apply to the Agreement at the time when you apply for the Tariff Plan migration FNB Connect is not obliged to accept your application for a Tariff Plan migration or enter into a new agreement with you. 9. International Roaming 9.1. The International Roaming service is not available by default. Should you wish to use the Network Services outside of South Africa, you must request activation of this service prior to travelling International Roaming voice, SMS and Data usage shall be charged at the applicable roaming rate of the country you are in and based on its cellular network operator. See for International Roaming Rates Please note that International Roaming rates are significantly higher than national rates Should you have activated International Roaming for use when abroad, you must immediately deactivate it (that is, turn it off) when you return to South Africa Your International Roaming usage is determined by the cellular network operator used by you in the country you visited. It may take the cellular network operator up to 4 (four) months to provide your International Roaming usage to FNB Connect,

17 which will result in Customers experiencing a delay in receiving their International Roaming charges. This will affect any balance enquiries and balance details on your account, until we advise you of the final International Roaming charges payable Customers will be charged for both incoming and outgoing usage when roaming internationally. Customers will also be charged International Roaming rates if call forwarding and voic services are activated when roaming To avoid incurring charges, we recommend turning off your International Roaming service when travelling abroad Please note that if your account is in arrears, you will not be able to activate the International Roaming service Customers are advised that the Subscriber Usage Limit and Subscription Limit will not take effect when roaming Customers using BlackBerry services will not benefit from the inclusive Data value on their BlackBerry service plan. All Data usage will be billed at International Roaming rates. 10. Charges and Payment for the Services and Products The use of certain Internet Services may incur higher than standard Data rates (including but not limited to Internet Services such as VoIP services which are provided by third party service providers) We will charge you for your use of the Network Services once your SIM Card has been Activated on the Network Customers will receive a Bill for use of the Services and, if applicable, a separate bill for their Mobile Device, if this has been subscribed to through FNB Debit Orders: You hereby authorise us to collect monthly instalments via debit order from your linked FNB cheque account on an agreed date to, or soon thereafter. The first instalment date will within 48 (forty eight) hours of activation of SIM card. Should the payment day fall on a Sunday or public holiday, you authorise us to debit your account on the previous processing day. Should there be insufficient funds in the linked account, FNB may electronically track your account and continue presenting the instruction for payment until you satisfy the payment instruction. In the event that your account is in arrears, you authorise us to present the instruction for payment to collect the arrear

18 amounts. The sum of the payment instructions will never exceed your payment obligations. Subsequent payment instructions will continue to be delivered until the payment obligations have been met or until you cancel this Debit Order Authorisation. The authority and mandate may be ceded or assigned to a third party only if this agreement is also ceded or assigned to the third party. This authority and mandate may be cancelled by you or us, however, such cancellation will not cancel the agreement and your payment obligations We will send you a monthly Bill either via or you may access your Bill through the FNB digital channels. We reserve the right to change the billing period at any time, with notice to you. It is your responsibility to ensure that the address provided to us is correct and updated at all times, in order for you to receive your Bill monthly. In the event that you do not receive your Bill, you must contact Customer Services You must pay all Charges on your account, whether or not they have been incurred by you personally. You will be charged the Monthly Amount each and every month during this Agreement, even if you do not actually spend the included Monthly Amount FNB Connect Postpaid Contract Customers will be billed in advance for the Monthly Subscription and in arrears for any Usage Charges which have been incurred from the previous month You must pay the full amount owing on your Bill by debit order from any one of your Qualifying FNB Connect Banking Accounts or via an electronic funds transfer (EFT) FNB Connect Top Up Customers whose debit order is unsuccessful will not receive any Inclusive Value for that particular month You are responsible for ensuring that you have provided us with the correct details of the Qualifying FNB Connect Banking Account used to make payment. If the account details change for any reason, you must notify us of such change so that we can update the details on our systems. You acknowledge and agree that we cannot be held liable for any loss, damages or charges if you fail to notify us of a change in the banking details prior to your next Bill run You must pay the full amount on your monthly Bill on time. If you do not, without prejudice to any other rights we may have, we can: cancel your Out of Bundle limit (if any); suspend in part or in full, your access to the Network Services; and/or

19 cancel this Agreement as per clause 12.3 below It is your responsibility to check your Bill to ensure that it is correct. To the extent allowed by law, unless you raise a query about your Bill within 30 (thirty) days from the date of the Bill, it will be deemed to be correct unless you prove that it is not In the first month of the Agreement, you may agree to make an upfront payment for the Charges incurred. You must do so immediately upon signing the Quotation via electronic funds transfer (EFT). Alternatively, we may agree to allocate the upfront payment to your first invoice, provided that the total amount of this invoice does not exceed your Subscription Credit Limit You cannot convert or redeem Recharges, credit, any free offerings, unused airtime, unused Data and/or unused Bundles on your account to cash, nor can they be applied against any Charges owing to us If you do not pay your Bill on time, you will be in breach of this Agreement and we may suspend your use of the Network Services until such time as all outstanding Charges are paid in full. If you fail to make payment of all outstanding amounts within 20 (twenty) Business Days of us notifying you that you are in breach, we reserve the right to immediately cancel this Agreement Further to clause above, you agree that we may hand your account over to our debt collectors to collect the outstanding Charges as well as provide your payment details to the credit bureau. This will affect your credit rating and the debt collectors may hold you liable for all their charges, tracing fees, and legal fees on an attorney and client scale You may be required to pay legal costs on the scale as between attorney and own client reasonably incurred by FNB Connect if FNB Connect takes any legal steps against you relating to your breach of this Contract In the event that this Agreement is cancelled prior to the expiry of the Initial Period, we may require you to pay a Cancellation Fee You must pay all taxes, including any VAT applicable to your use of the Network Services, which will be added to your Charges In the event that this Agreement is cancelled in accordance with clause 3.5 above, you may liable for the direct cost of returning the goods (SIM Card). 11. Suspension or Disconnection of Services

20 11.1. We may have to suspend your use of the Network Services or disconnect your SIM Card from the Network, without warning, if the Network needs urgent maintenance, modification or upgrading We may also suspend or disconnect your use of the Network Services if you (or anyone who uses your SIM Card): breach this Agreement; damage or abuse the Network Services or the Network or put the Network at risk; are suspected of any fraudulent activity, as detailed in clause 5 above, which is being investigated by FNB Connect; exceed your Subscription Credit Limit; do not pay a Bill when it is due and your Account is not in Good Standing; close your Qualifying FNB Connect Banking Account through which this Agreement is subscribed to; breach the acceptable use provisions detailed in clause 5 above; do not make use of the Activated SIM Card for a period of 3 (three) months or more; provide information that is false or misleading in terms of any Laws; for any other reason required by Law or if so directed by any authority; or in the event that FNB Connect has been advised of the death of the Customer in this instance, the SIM Card and all associated SIM Cards will be suspended. It is the onus of the next of kin to notify FNB Connect of the death of the Customer, by contacting FNB Customer Services, as the SIM Cards may need to be RICA d again in the name of the new Qualifying FNB Connect Banking Account In the event that your Account is not in Good Standing, we may: not activate the International Roaming service; block your access to premium service subscriptions; preclude you from receiving recurring bundles; and suspend all SIM Cards related to that account You must contact the Customer Services department immediately to request that we suspend your Services, for example, if you have lost your SIM Card or it has been stolen, or if you are not going to be using the Network Services for an extended period of time.

21 11.5. In the event your SIM Card is lost or stolen, you are required, by law, to notify the South African Police Services (SAPS). You must also notify FNB Connect immediately through the self-service channel. Customers may then contact Customer Services. You will remain liable for any Charges for Services incurred prior to notifying FNB Connect of the SIM Card being lost or stolen In the event that an FNB Connect Top Up Customer reverses a debit order, the Customer will be in Arrears and will be subject to, amongst other things, suspension and the collection provisions as detailed in this Agreement In the event that your access to the Service has been suspended due to your nonpayment, FNB Connect will end the suspension of your access to the Services as soon as reasonably possible after you make sufficient payment to FNB Connect so that your Account is in Good Standing Further to clause 11.7 above, payment in full of an outstanding invoice will reduce the Customer s overdue payment period, as the oldest invoice outstanding will be paid first. However, in the event that the Customer only makes partial payment of an outstanding invoice, the Customer s overdue payment period will remain unchanged In the event that your access has been suspended for more than 120 (one hundred days), without limiting any of FNB Connect s other remedies and rights against you, your Contract will be cancelled, you may be liable for the Cancellation Fee and your Phone Number will be migrated to a prepaid plan We may charge you a Connection Fee to reconnect you to our Network Services, except where clause 11.1 above applies Even if we suspend your access to the Network Services under this clause 11, you remain liable for all Charges due under this Agreement throughout the period of suspension if the suspension is due to your fault (including all monthly charges like your Monthly Subscription on your Contract regardless of whether or not your SIM has been disconnected from the Network) unless we, in our sole discretion, determine otherwise If we suspend your access to the Network Service, you will still be able to make calls to emergency services If we suspend your use of the Service under clause 11.2 or disconnect your SIM from the Network, except if clause 11.1 applies, you may lose your Phone Number. 12. Breach and Cancellation of this Agreement

22 12.1. Either party may cancel this Agreement at any time, for any reason, by providing the other party with 20 (twenty) Business Days notice of cancellation. In such event, you agree to pay us all amounts owing in respect of your Contract up until the cancellation date, including, but not limited to, any Arrear amounts owing on your Contract and all Charges for usage, including any charges which may still be owing for International Roaming. We may charge a reasonable Cancellation Fee At the end of your Contract term, your Contract will continue on a month-to-month basis unless you provide us with 20 (twenty) Business Days notice prior to the termination of your Contract, informing us that you want to terminate or renew your Contract Without limiting any of our other rights and remedies against you, we will also be entitled to cancel this Agreement with immediate effect, if, where applicable: you breach this Agreement and you fail to correct that breach within 20 (twenty) Business Days of receiving a notice from us notifying you that you have breached the Agreement; a debit order fails or is rejected or you cancel the debit order without our prior written consent, or you change your banking details without notifying us, before you do so, by calling Customer Services; you fail to make payment of any amount due and owing to us; you become bankrupt, or are provisionally sequestrated, or a liquidator or receiver or any other administrator is appointed to your business or assets, or a petition for this is made, or if you enter into any arrangement or composition with your creditors including any act of insolvency as this term is defined in the law, or if a resolution is passed to wind up your business; the Network Operator no longer makes the network available to us, for any reason whatsoever; and/or ICASA or any other Law orders us to withdraw your Phone Number If this Agreement is cancelled, you must immediately pay to us all amounts owing to us as at the date of termination of the Agreement, including any charges which may still be owing for International Roaming. You will forfeit any unused balances (including but not limited to Inclusive Value, Recharge, bundles). Customers may be migrated to a Prepaid plan, at the discretion of FNB Connect Cancellation will not affect any rights which either of us may have accrued up to the date of cancellation. In addition to the Cancellation Fee and to the extent allowed by Law, we reserve our rights to claim damages from you for any loss or

23 damage which we may suffer due to your breach of any term of this Agreement or any act, omission or negligence on your part You agree that what you owe us will be proven by means of your final statement of account (this statement of account will be presented in a form as advised by FNB Connect from time to time), details all amounts owing by you to FNB Connect). You also agree that the statement will be binding on you for the purpose of obtaining judgment against you in a court of Law. 13. Changes to this Contract FNB Connect reserves the right, at any time and from time to time, to: 14. Limitation of Liability change these terms and conditions; change any rules relating to its products and services; modify its products and services at its discretion; and/or change its rates/charges applicable to FNB Connect products and/or services To the extent permitted by Law, we shall not be liable to you or any other person for any loss, expenses, costs or damage, regardless of the form of action, whether in contract, delict, under statute or otherwise, whether direct, indirect or consequential and whether arising from or in connection with this Agreement, including, but not limited to: any interruption of or error to the Network Services; our failure to perform any obligations as a result of technical problems relating to the Network; and/or termination of any license or agreement to operate or use the Network, for any reason whatsoever We are not liable to you for any goods or services you order from other companies using your SIM Card and Mobile Device, and we do not accept liability for any amounts owing by you to any other supplier for their services. You indemnify us against any claims made against us by your other supplier or if you suffer loss because they are not compatible with our Network Service or your SIM Card and Mobile Device Certain Laws can imply warranties or conditions or impose obligations upon us which we cannot exclude, restrict or modify at all or which we can only exclude,