CREDIT PROTECTION INSURANCE POLICY WORDING

African Unity Life Limited will provide cover under the ASPIS Credit Protection Policy as described in this document, subject to your payment
of the premium within the agreed period and your adherence to the terms and conditions of this Policy.
SECTION 1 – DEFINITIONS from earning an income by earn an income or meet the during the period of insurance,
Words appearing in this contract following his/her own obligations under the we will pay directly to the Credit
in bold print have specific occupation, or any other for Agreement arise due to illness, Provider the Outstanding Loan
meanings which are explained which he/she is suited in terms injury or disease which renders Balance of your Agreement at
below: of training, education, age and you unable to work at any the date the insured event
Agreement experience. An insured person occupation, which the Principal occurred: Less any rebate to
This refers to a credit agreement shall also be deemed to have Insured is reasonably able to do, which you would have been
in terms of which you, the suffered total and permanent given his/her experience, entitled had you settled the
consumer, are indebted to your disability upon the loss or loss of education or training. Agreement on the day the
Credit Provider and which meets use of both hands, both feet (or Unable to earn an income insured event occurred; Less
the criteria for credit one of each) or both eyes. This refers to an event, distinct any amount owing in excess of
agreements, per Section 8 of the Policy and separate from retrenchment the maximum benefit payable
National Credit Act, No 34 of The ASPIS Credit Protection and applicable to a self- under the Policy; Less the
2005. Policy that provides cover in the employed sole proprietor balance of CPI premiums owed
Cancellation event of your death, disability or borrower or a borrower on the loan; Less any late
This Policy may be cancelled at retrenchment during the period employed in the informal sector interest and related charges;
any time by the Insured giving of insurance such that the only, where the borrower has Less overdue loan amounts not
Monitor Administrators 31 days Insurer will pay the outstanding been unable to earn any income paid within the loan term.
notice in writing. balance of your Agreement to for a period of more than 31
Commencement Date WHAT WE DO NOT PAY FOR:
the credit provider subject to the days during the normal course
The date, on which your Policy terms and conditions listed in of business or employment. We will not pay any benefit if
commences. this document. Receiving a partial income does your death, temporary disability,
Credit Provider not apply under this definition. or permanent disability arises
Pre-existing conditions
Fasta (Pty) Limited, (reg number This means any condition you Waiting Period directly or indirectly from any of
2017/381321/07), a registered were aware of, or that you have The period, starting on the the following:
credit provider NCRCP10591. - The abuse of alcohol, drugs or
consulted a doctor for, or that commencement of cover of that
Disability/disabled narcotics;
you have received medical benefit, during which the
When a person becomes so treatment for in the 12 months occurrence of a claim event will - Wilful self- inflicted injury or
physically or mentally impaired, preceding the Commencement not result in a benefit becoming suicide;
whether totally or partially, or Date. payable. - Active participation in war,
temporarily or permanently, that Premium invasion, acts of foreign
the person's ability to earn an Your monthly premium is SECTION 2 – ELIGIBILITY enemies, hostilities, warlike
income or meet the obligations payable in advance and must be To be eligible for cover under the operations (whether war be
under the Agreement is paid on the due date. If the Policy you must meet the declared or not), civil war,
impaired, including but not premium is not received on the following conditions at the start insurrection, rebellion
limited to occupational disability. due date, the policy will be date: revolution, civil commotion or
Employed / Employment - You must be the first named military power;
cancelled once it has lapsed
When you are working for a (after 2 consecutive missed borrower on the Agreement; - The use of nuclear, biological
least 20 hours a week and premiums) and in terms of Rule - You must be at least 18 years or chemical weapons, or any
receive a salary or wages under 15A, the applicable grace period of age on the date of radioactive contamination;
a contract of employment that has passed. application for cover; - Participation in criminal
does not have a known or Retrench/Retrenchment - You must not be aware of any activities;
implied finish date. impending unemployment; - Participation in hazardous
Shall mean the loss of
Insured - You must apply for cover and activities such as mountain
employment due to
This refers to You, the borrower implementation of a staff pay the premium; climbing, bungee jumping and
and the Credit Provider, as reduction program, adverse - You must agree to adhere to speed racing;
stated in the Agreement and the business the terms and conditions of the - Epidemic or Pandemic
conditions, the
person/s who are covered for introduction of new technology Policy; - Any pre -existing condition you
benefits under this Policy. - If You are a pensioner at were aware of that affected
or the re-organisation of the
Insurer/We/Us/Our Commencement Date, You will you in the 12 months
business by the employer in
African Unity Life Limited not be covered for preceding the commencement
accordance with the provisions
Company registration number: Retrenchment and Temporary of cover under this Policy,
of chapter 8 of the Labour
2003/016142/06 FSP No 8447). Disability benefits; provided that where a specific
Relations Act, Act 66 of 1995 as
Outstanding Loan Balance - If you have a disability pre-existing condition is
amended and which results in
This refers the amount owed by your continued unemployment condition at Commencement disclosed by you prior to the
the Insured in terms of the for a period longer than 30 Date, that condition will be commencement of cover, the
Agreement including capital, (thirty) days. treated as a pre-existing condition may only be
interest and fees provided for in Temporary Disability condition and will not be excluded if you are clearly
the National Credit Act 34 of This means having suffered a covered under this Policy. informed of such specific
2005 However, all other disability exclusion.
loss of normal income from your
Period of Insurance conditions that may arise
own normal occupation for a
The period, as stated on the period in excess of 31 during the period of insurance SECTION 4 – TEMPORARY
Insurance Schedule. that meet the Policy criteria DISABILITY COVER
consecutive days as a result of WHAT WE WILL PAY:
Permanent Total Disability will be covered.
illness or bodily injury which has If during a period of insurance
This shall mean the medically been verified by a duly qualified SECTION 3 – DEATH AND you become temporarily disabled
certified total disability as a medical practitioner. The PERMANENT TOTAL for more than 30 consecutive
result of illness, injury, infirmity occupational category for which DISABILITY days, we will pay directly to the
or disease and which cannot be benefits will be paid shall be WHAT WE WILL PAY: credit provider the Outstanding
cured or treated and which defined as Temporary Disability If you should die or become Loan Balance of your Agreement
prevents the insured person when your impaired ability to permanently totally disabled
at the date the insured event WHAT WE DO NOT PAY FOR: If you are claiming for we will take legal action
occurred: Less any rebate to We will not pay if your retrenchment, we will require against you.
which you would have been retrenchment or inability to earn official confirmation from your - The contract between you and
entitled had you settled the an income arises directly or employer for the date and us is made up of this Policy,
Agreement on the day the indirectly from any of the reason of your retrenchment. any endorsement, any written
insured event occurred; Less following: During the period of a claim, we statement of your medical
any amount owing in excess of - Retrenchment, termination of will need proof on a monthly conditions and any other
the maximum benefit payable employment or inability to earn basis that you are still information provided by you.
under the Policy; Less the an income within the first 3 unemployed in order to continue - The rights under this Policy
balance of CPI premiums owed months after the receiving the applicable benefit cannot be transferred to
on the loan; Less any late commencement of cover under per the limits described in this anyone else and this Policy
interest and related charges; this Policy, on where the term wording, and any costs incurred cannot be used to protect any
Less overdue loan amounts not of the Agreement is more than in securing this proof will be person other than you.
paid within the loan term. 6 months; borne by yourself. Further - When your cover under this
- Resignation, Retirement, evidence may be requested in Policy ends it will not have a
A waiting period of one month
Voluntary retrenchment or support of your claim. Payment cash value.
from Commencement Date will
termination of employment, of the benefits provided in the - We have the right to change or
be applicable on policies where
Voluntary forfeiture of salary, event of a valid claim in terms of cancel your Insurance cover
the loan term is greater than 6
wages, or other employment the Policy will be full and under this Policy. You will be
months. When paying your claim
income and Participation in an effective, discharging the advised at least 30 days before
we will consider the first day of
unprotected strike; insurer, ASPIS and the the change or cancellation
disability to be the day a doctor
- Retrenchment of which the administrator of its liability and takes effect.
certifies you are disabled and
consumer was aware or obligations in terms of the Policy. - For the purposes of disclosure
unable to attend work.
received notice of during the 3 No benefit payable under this of private underwriting and
WHAT WE DO NOT PAY FOR: months preceding the date on Policy shall carry interest. claims information you consent
See under Section 3 “What we which cover under this Policy and acknowledge that the
commenced. SECTION 7 - WHEN THE sharing of claims information
do not pay for” above.
- Lawful dismissal, including COVER ENDS and underwriting information
SECTION 5 - dismissal as a result of wilful Your Insurance cover under this (including credit information)
RETRENCHMENT & UNABLE misconduct that is a violation Policy will end and no further by insurers is essential to
TO EARN AN INCOME of some established, definite benefit will be payable, as soon enable the Insurance Industry
WHAT WE WILL PAY: rule of conduct, a forbidden as one of the following occurs: to underwrite policies and
If during a period of Insurance - The original end date of your
act, wilful dereliction of duty or assess risks fairly, and to
you are retrenched and remain misconduct. Agreement is reached; reduce the incidence of
unemployed, we will pay directly - Epidemic or pandemic - The early settlement of your fraudulent claims, and
to the credit provider the Agreement; accordingly waive any rights of
monthly instalment of your SECTION 6 - CLAIMS - You fail to pay the premium privacy of insurance
Agreement as at the date the The Administrator must be and the policy lapses in terms information in respect of any
Insured event occurred: notified of all claims as soon as of Rule 15 A of the Policyholder claim made.
a) For a period of 12 months; possible, within six months of the Protection Rules; - You also acknowledge that the
b) During the remaining insured event. - We advise you that your information provided by you
repayment period of the IMPORTANT CONTACT insurance cover has been may be verified against other
Agreement; or DETAILS FOR CLAIMS cancelled. This will be done by legitimate sources or
c) Until the consumer finds Monitor Administrators giving 31 days’ notice of our databases. You also waive any
employment Tel: 031 812 2044 or intention to do so. rights of privacy and consent
Whichever is the shorter period. Email: fasta@monitorsa.co.za to the disclosure of any
SECTION 8 - GENERAL
If during a period of Insurance CONDITIONS information relevant to any
SETTLING A CLAIM Insurance Policy of claim
you are Unable to earn an We will need proof of your death, - If you do not abide by the
income for a period longer than terms and conditions of this concerning you.
temporary or permanent total Should there be any changes
31 days, we will pay to the Credit disability, or retrenchment and Policy, you will not be entitled -
Provider the outstanding balance to any benefit under this to the original details supplied
the circumstances leading to at the time of application, you
on the Agreement: Less any your claim. Policy.
rebate to which you would have - If you gave false or misleading must notify the Administrator
A death claim must be notified in within 31 days of such a
been entitled had you settled the writing and we will need a information when you applied
Agreement on the day the for this Policy and this change occurring, and the
certified copy of the death insurer shall take the action
insured event occurred; Less certificate and a certified copy of information would have
any amount owing in excess of affected the decision to insure deemed necessary in this
your identity document. regard. Should you not notify
the maximum benefit payable If you are claiming for permanent you, your cover under this
under the Policy; Less the Policy will end. We will not pay of the Administrator of such
total disability or temporary change, the insurer reserves
balance of CPI premiums owed disability, we will require a any benefit and we will refund
on the loan; Less any late the percentage of the premium the right to reject liability in
doctor’s certificate confirming terms of a claim or to cancel
interest and related charges; your condition and, in the case of that we think is reasonable. If
Less overdue loan amounts not you give false or misleading the Policy. Should you wish to
temporary disability, financial cancel your cover under this
paid within the loan term. evidence that you have been information when you make a
claim you will not receive any Policy, please do so by giving
For both Retrenchment and financially affected as a result of 31 days notice in writing.
Unable to earn an income, a the disability in accordance with benefit under this Policy and
your cover under this Policy - The laws of South Africa
waiting period of three months the definition contained herein. govern this Policy.
from Commencement Date will We may ask you to go for a will end. If any benefit is paid
be applicable on policies where medical examination with a as a result of your false claim,
the loan term is greater than 6 doctor appointed by us. We will you will have to repay any
months. pay the cost of the examination. benefits you have received and
 DISCLOSURES REQUIREMENT IN TERMS OF SECTION 4 TO 7 OF THE GENERAL CODE OF CONDUCT
OF THE FINANCIAL ADVISERS AND INTERMEDIARY SERVICES (FAIS) ACT, No 37 OF 2002

Intermediary Broker: Underwriting Manager Insurer: WARNINGS AND OTHER

Aspis (Pty) Ltd Monitor Administrators (Pty) Ltd African Unity Life Limited (“AUL”) MATTERS OF IMPORTANCE
• You must be informed of any
Registration Number: Registration Number: Registration Number: material changes to the
2011/005416/07 2003/004608/07 2003/016142/06 information referred to in
Registered as a Financial Services Registered as a Financial Services paragraph 1 to 3
Provider, FSP No. 48407 Provider, FSP No. 17824 Physical Address: • If the information in paragraph 1
Riesling House, The Vineyards Office to 3 was given verbally, it must
Physical Address: Vat No: Estate, 99 Jip De Jager Drive, be confirmed in writing within 30
45 Old Main Road, Kloof, 3610 4890207980 Belville, 7530 days
• If any complaint to the
Postal Address: Postal Address: Postal Address: Intermediary or Insurer is not
PO Box 467, Kloof, 3640 PO Box 467, Kloof, 3610 PO Box 4061, Durbanville, 7550 resolved to your satisfaction, you
may submit the complaint to the
Telephone Number: Physical Address: Telephone Number: Registrar for Long-Term
031 818 0005 45 Old Main Road, Kloof, 3610 0861 234 555 Insurance
• Polygraph or a lie detector test is
Fax Number: Telephone Number: Legal Status: not obligatory
086 560 1828 031 812 2044 AUL is an Authorised Financial • In the event of a claim and failure
Services Provider and licensed thereof may not be the sole
Compliance Department: Compliance Department: insurer in terms of the FAIS Act, FSP reason for repudiating a claim
L. Pardy & Associates (Pty) Ltd, Independent Compliance No: 8447 • If the premium is paid by debit
Tel: 031 582 1419, Management Solutions CC, order a) it may only be in favour
email: louise@lpardy.co.za dsmith@compliancesolution.net FAIS Registration: of one person and may not be
Tel: 0741877325 In terms of the FSP license, AUL is transferred without your approval
PI Cover: authorised to give advice and render and b) the Insurer must inform
Aspis (Pty) Ltd has Professional Complaint Procedure: financial services for product you at least 30 days before the
Indemnity Cover and Fidelity Customer satisfaction and retention cancellation thereof, in writing, of
Guarantee Cover in place of your business is vital to us and PI and FG Cover: its intention to cancel such debit
has been one the tenets of our AUL has a Professional Indemnity order
Legal Status: ongoing success. We appreciate the Cover and a Fidelity Guarantee • The Insurer not the Intermediary
Aspis (Pty) Ltd is a licensed financial effort you take in bringing a problem Cover in place. must give reasons for repudiating
service provider in terms of section to our attention and are committed your claim. Your Insurer may not
8 of the Financial Advisory and to the prompt and fair resolution of Compliance Officer: cancel your merely by informing
Intermediary Services Act (Act no any complaints. We would Moonstone Compliance the intermediary
37 or 2002). Aspis (Pty) Ltd does appreciate it if you would refer initial Tel: 021 883 8000, • There is an obligation to make
not own or directly hold more than problems to your client service e-mail: sure the notice has been sent to
10% of the Insurer’s shares but consultant or their superior. If you compliance@africanunity.co.za you
does receive more than 30% of its do not receive a satisfactory • You are entitled to a copy of the
total commission and remuneration resolution please do not hesitate to Complaints: policy free of charge
from the preceding 12 months from lodge a complaint with our You can access our Complaints • Do not sign any blank or partially
the Insurer. compliance office. Resolution Policy at: completed applications forms and
www.africanunity.co.za or e-mail: complete all forms in ink
Claims Procedure: Monitor Administrators earns an complaints@africanunity.co.za • Keep all documents handed to
Claim forms and all required underwriting management fee of you and make notes as to what is
documents are to be submitted to 27.50% which is paid by the Conflict of Interest: said to you
Monitor Administrators: Insurer. You can access our Conflict of • Don’t be pressurised to buy the
Tel: 031 8122044 or Interest Management Policy at: product
Email: fasta@monitorsa.co.za www.africanunity.co.za • Incorrect or non-disclosure by you
of relevant facts may influence an
Complaint Resolution Policy: Method of Premium Payment: Insurer on any claims arising from
All complaints relating to the Monthly Debit Order deductions via your contract of insurance
Intermediary must be sent in your bank account as part of your
writing, to the Complaints Manager, Agreement.
on info@aspis.co.za
Consequence of non-payment:
Conflict Of Interest Policy: Your premium is due in advance and
Aspis (Pty) Ltd have a documented if it is not received by the Company
Conflict of Interest Policy which you by the due date, this insurance shall
can access via www.aspis.co.za be deemed to have been cancelled
at midnight on the last day of the
Aspis (Pty) Ltd earns a commission preceding period of insurance.
(7.5% of the monthly premium) Premium amount: The premium and
which is paid by the Insurer. all accompanying charges are
detailed on your policy schedule
Type of policy: The type of policy is
detailed on your policy schedule.

Ombudsman for Long Term Insurance FAIS Ombudsman

Postal Address: Private Bag X45, Claremont, Cape Town, 7735 Postal address: Financial Services Conduct Authority, PO Box 74571,
Telephone number: 021 657 5000 Lynwood Ridge, 0040
E-mail: info@ombuds.co.za Telephone number: 012 470 9080
The Ombudsman is available to advise you in the event of claims problems Facsimile number: 012 348 3447
which are not resolved satisfactorily by the Intermediary and Insurer. If any complaint with regard to advice given or intermediary services
rendered to you was not resolved to your satisfaction, you can contact the
above.
 ____________________________________________________________________________________________________________

AFRICA MOBILE SUBSCRIBER STANDARD TERMS AND CONDITIONS

TERMS AND CONDITIONS

This document contains the Terms and Conditions on which Airtime Collections Africa Mobile (Pty) Ltd provides
telecommunication services and the Equipment to you.

Offers are valid while stocks last. Africa Mobile reserves the right to alter or withdraw the deals advertised
without notice. The Equipment options are dependent on the deals selected. For more details visit
www.africamobile.co.za.

All prices shown include VAT.

By making use of the Network Services you agree to all of the Terms and Conditions in all of the documents that
apply between Africa Mobile ('we' or 'us') and you (together called the 'Contract').

You can get all of the Contract's documents online at www.africamobile.co.za (‘Africa Mobile website’). A copy
of all these Terms and Conditions can be provided to you at your request, by email, hyperlink or in hard copy.

The Contract (including all the Terms and Conditions in each separate contract document) make up a legal
agreement between you and us. Please read all the Contract documents carefully and make sure you understand
them.

WHEN DO THESE TERMS APPLY?

These Terms and Conditions will apply when you place an order to use the Network, Equipment, SIM Card and
Network Services and agree to pay the charges which apply to them and when your order and application is
granted by Africa Mobile.

Important documents to keep. If you have a problem or a question, you will need to give us Proof of Delivery
('POD') and your debit order mandate number (reference on your bank account) and any Invoice issued ('Bill'),
so please keep them in a safe place. Those will make the assistance of your request efficient.

HOW CAN YOU CONTACT US?

We are at your service:

• from Monday to Friday (08H00 – 17H00)

• Saturdays (09H00 – 13H00)

You can contact us by:

• phone: 010 021 5090

• WhatsApp: 064 583 7640
• email: store@africamobile.co.za

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

1
 ____________________________________________________________________________________________________________

1. WHAT ARE THESE TERMS AND CONDITIONS FOR?

1. These Terms and Conditions are for the Customer that has agreed to purchase their pre-paid airtime and data,
to the value indicated per the authenticated debit order mandate, through Africa Mobile for the period
indicated by way of a monthly debit order, which has been authorised against the customers designated
account.
2. Upon successful monthly collection of the debit order against the nominated bank account, the SIM Card
assigned to the customer will be recharged with the same amount of airtime and data as the debit order
value.
3. The Services will be provided to you by Africa Mobile. If you have not been supplied with Equipment by
Africa Mobile, all references to Equipment will not apply to you.
4. You understand and agree that Africa Mobile shall be responsible for enforcing the Contract. All payments,
queries, concerns, disputes and communication in respect of the Contract, including those in relation to the
Services shall be made and/or referred by you to Africa Mobile. You further understand and agree that all
communication in respect of the Contract, except for communication in terms of clause 7, shall be sent by
Africa Mobile on its own behalf.
5. The Terms and Conditions contained in this document form part of the Contract between Africa Mobile and
you, so please ensure that you understand and comply with all of them. In addition, you agree that you have
read and understand the terms and conditions specific to your chosen product and/or package. If you do not
understand any of the terms and conditions, you should ask an Africa Mobile representative to explain them
to you.
6. Important clauses which may limit Africa Mobile’s responsibility or involve some risk for you are explained
to you and may appear in bold. You must pay special attention to these clauses.
7. Certain words that have special meaning have been defined. You can find the meaning of the words in clause
2 of tthese Terms and Conditions.

2. DEFINITIONS AND INTERPRETATIONS

In this Contract, if a singular word is used it can include the plural, a word of any gender includes the other
genders and if an “entity” is referred to it includes any entity that is seen in law as a separate legal person, such
as a company, body corporate, a partnership, an association, and a trust, if it makes sense to do so.

In these Terms and Conditions, unless stated otherwise, the following terms shall have the following meanings:

“Activation” means the activating of your SIM Card and /or Cellphone number to operate on the Africa Mobile
Network so that you can use the Services;

“Application” means your completed application form and/or your renewal application form (where applicable)
for Services and/or Equipment;

“Africa Mobile” means Airtime Collections Africa Mobile (Pty) Ltd and includes a reference to any person who
may become a party in the place of this entity through a transfer of rights or in a representative capacity;

“Africa Mobile Network” means the electronic communications network in South Africa operated by Africa
Mobile;

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

2
 ____________________________________________________________________________________________________________

“Cellphone number” or ““MSISDN number” means the unique Mobile Station Integrated Services Digital
Network number allocated to your SIM Card in terms of this Contract;

“Charges” means any applicable connection (Activation) fee, Subscription Fee, Usage Charges, SIM Card fee,
Equipment Fee, risk transfer charge and any other charge relating to the provision of Services and Equipment to
you in terms of the Contract. The prices at the date you start your Contract may not be the same for the whole
period of the Contract. If the prices change Africa Mobile will let you know and you can choose whether you
want to carry on with the Contract or cancel the Contract (subject to the applicable cancellation terms and
conditions set out in the Contract);

“Connection Fee” means the once-off charge for your connection to the Africa Mobile Network;

“Contract Period” means the minimum number of uninterrupted months you choose in the Application to use
the Services and/or the Equipment for the first period or for any Renewal Period. If you have chosen a month-
to-month agreement, this Contract will run on a month-to-month basis until cancelled;

“Electronic Communications Network Provider” means any person or organisation licensed in terms of the
Electronic Communications Act, 2005, to provide electronic communications network services;

“Equipment” means any tangible object supplied to you by the Africa Mobile in terms of the Contract that allows
you to access the Africa Mobile Network, including cellphones, routers, dongles, laptops, or tablets in which your
SIM Card is installed;

“Equipment Fee” means any applicable charges relating to the Equipment supplied to you by Africa Mobile in
terms of the Contract;

“Equipment Supplier” means Africa Mobile, and includes a reference to any person who may become a party in
the place of these entities, or in addition to these entities, through a transfer of rights or in a representative
capacity;

“ICASA” means the Independent Communications Authority of South Africa. This is a public body that regulates
the way that Africa Mobile and other Electronic Communications Service Providers and Electronic
Communications Network Service Providers carry on business and provide services;

“Inclusive Benefits” means any voice minutes/SMSs/MMSs/data that is included as part of your Contract and for
which no extra charges are owed by you. These benefits are only for local use on local South African networks;

“Initial Contract Period“ shall mean a period of 24 (twenty four) months or such longer period as expressly
agreed to by you at the time of the initial sales consultation and subsequent debit order acceptance;

“International Roaming Charges” means the charges you incur while you are using mobile services outside the
borders of South Africa. In other words, your SIM Card and the Equipment will be operating on the electronic
communications network of an international roaming partner of Africa Mobile and not the Africa Mobile
Network (also called “International roaming”). You will be liable for all calls and/or SMSs/MMSs (both incoming
and outgoing) as well as all data charges incurred while international roaming is activated, and all such charges
will include the foreign network charge and a local roaming charge (it being acknowledged by you that such
international usage charges are not capable of being managed in real time). For more information on
International Roaming Charges and the applicable charges per foreign network, please contact an Africa Mobile
representative;

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

3
 ____________________________________________________________________________________________________________

“Licence” means any licence issued to Africa Mobile in terms of the Electronic Communications Act 36 of 2005;

“Monthly Usage Limit” means the monthly amount defined by Africa Mobile that you can spend on Usage
Charges on your SIM Card. This means that you will have a monthly limit to talk, SMS, MMS or use data;

“Out of Bundle Charges” means the rate that you are charged for voice minutes/SMSs/MMSs/data upon
depletion of your Monthly Usage Limit;

“Port” or “Porting” or “Mobile Number Portability” means the ability to transfer your Cellphone number from
one Electronic Communications Network Provider or Electronic Communications Service Provider to another so
that you become a subscriber of the other Electronic Communications Network Provider or Electronic
Communications Service Provider, but using the same Cellphone number;

“Price List” means the price list for the Services or Equipment. You may find more information about the Price
List on Africa Mobile’s website (http://www.africamobile.co.za) or contact Africa Mobile for an explanation of
what the prices are for Services, which may change, on notice to you, over the period of the Contract. You are
entitled to cancel the Contract if you are unhappy with any changes to the price list, provided that you follow
the cancellation terms and conditions set out in the Contract;

“Renewal Period” means the period for which you have chosen to renew the Contract. Renewal in a store may
incur an additional renewal administration fee;

“RICA” means the Regulation of Interception of Communications and Provision of Communication-Related

Information Act 70 of 2002, as amended from time to time;

“Services” means the electronic communications services including the SIM Card that are made available by the
Service Suppliers or an international roaming partner of Africa Mobile (if applicable), to you through the Africa
Mobile Network and/or the electronic communications network of an international roaming partner of Africa
Mobile, including any services, products, SIM Cards and promotions supplied by Africa Mobile or an international
roaming partner of Africa Mobile, whether chargeable or non-chargeable;

“Service Suppliers” means Africa Mobile (in its capacity as supplier of the Equipment and provider of the
Services);

“SIM Card” means a Subscriber Identity Module, which you receive with the Contract. The SIM Card is linked to
your Cellphone number to allow you to access the Africa Mobile Network;

“Subscription Fee” means the monthly subscription charge payable by you in terms of the Contract. The charges
are set out in a Tariff Plan;

“Tariff Plan” means the various tariff (cost) plans published by Africa Mobile setting out: the charges for Services,
the Equipment; any Inclusive Benefits; and/or any other service, whether you are charged for those other
services or whether those service are provided as part of the Subscription Fee incorporated into the Tariff Plan;

“Usage Charges” means the amount you will need to pay in addition to the Subscription Fee for using Services
provided either to you and/or any other person you have allowed to use Services, which includes all Out of
Bundle Charges (if applicable);

“Working Day” means a day other than a Saturday, a Sunday or a South African public holiday;

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

4
 ____________________________________________________________________________________________________________

“you” and “your” refers to the person whose particulars appear on the Application plus your lawful successor or
authorised representative (if applicable);

3. WHEN DOES THIS CONTRACT BEGIN?

1. By making your Application to use Services and Equipment, you offer to enter into an agreement with the
Service Suppliers for the indivisible supply of Services and with the Equipment Supplier for the supply and
usage of Equipment.
2. This Contract will begin and be binding on you and the Service Suppliers on the earlier to occur of:
2.1. the acceptance of your Application for the Services and Equipment; and
2.2. the activation of your SIM Card on the Africa Mobile Network so you may use Services together with
the Equipment.
3. If you are renewing your Contract, the Renewal Period will begin the day after the previous Contract Period
has expired, or otherwise directed by Africa Mobile. The Renewal Period and the Tariff Plan or Charges
applicable will only begin if the renewal is accepted by the Service Suppliers.
4. Once you approve, both the once-off activation fee mandate and the 24-month contract term mandate, you
will be bound by the terms of the Contract and you must comply with your obligations under the Contract.

4. WHAT IS THE DURATION OF THIS CONTRACT?

1. If the Contract is not cancelled during the Contract Period or on expiry of the Contract Period and is not
renewed, then the Contract will run for the Contract Period and after that it will continue on a month-to-
month basis until the Contract is cancelled.
2. Africa Mobile may notify you, between 40 and 80 Working Days before your Contract will come to an end,
of:
2.1. the date when the Contract will end;
2.2. any changes that will apply to the Contract if the Contract is renewed for a further period or will
continue after the expiry of the Contract. These changes will have to be accepted by you; and
2.3. your right to cancel or renew the Contract. If you don’t cancel or renew the Contract, the Contract will
continue on a month-to month basis.
3. You may, at any time during the Contract Period or Renewal Period cancel the Contract, subject to clause 6.
point 3. below, by giving Africa Mobile 20 Working Days’ written notice, of your intention to cancel this
Contract.

5. YOUR RESPONSIBILITIES UNDERTHE CONTRACT

1. In return for the provision of our services you agree to pay:

1.1. the once-off Activation fee;
1.2. the monthly Service and Equipment Fee (if applicable);
1.3. the monthly Subscription Fee, which is billed to you in advance. The Subscription Fee that you pay at
the end of a month is for the next month’s services;
1.4. the total Usage Charges, which may include any charges for using Services including calls that you make,
SMSs and MMSs you send and data that you use during that month, which will be billed at the end of
the month in which you have used Services; if applicable;

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

5
 ____________________________________________________________________________________________________________

1.5. international Roaming Charges (if applicable, i.e. when international roaming is activated). Please note
that Inclusive Benefits and the Monthly Usage Limit do not apply to international roaming and you
remain liable for all calls made and received, SMS and MMSs sent and received, as well as for all data
used. There may be a delay of up to 3 (three) months before the International Roaming Charges are
billed to you as Africa Mobile may have to wait for the relevant foreign network to provide the necessary
information – you acknowledge this and bear the responsibility for any such International Roaming
Charges (if applicable, i.e. when international roaming is activated);
1.6. the charges for any additional services which you used, including any applicable postage related charges;
1.7. VAT or other taxes and/or duty that must by law be added to any prices and charges contained in the
Contract and/or contained in any Tariff Plan and/or contained in the Price List;
1.8. the Charges may be changed from time to time by means of publishing an amended Tariff Plan and by
informing you in writing of these changes. Africa Mobile will notify you at least 20 Working Days before
the Charges are changed, and you will then have the option to cancel the Contract in terms of the
cancellation provisions.
2. Payment in terms of the Contract must be made to the account indicated by Africa Mobile and the payment
will discharge your liability to Africa Mobile.
Payment must be:
2.1. made on or before the due date set out on your debit order mandate to your bank account;
2.2. the total amount you owe as set out on the invoice issued to you and you may not deduct any amount
which the Service Suppliers might owe you or which you claim is owed by the Service Suppliers;
2.3. made by direct debit order against your valid bank account or your credit card account or against the
account of another named person (a “Third Party”) who has given consent to pay on the Application, or
by any other means previously agreed by the Service Suppliers in writing. If the debit order fails for any
reason, the Service Suppliers shall have the right to subsequently use any legal means available
(including early debit order facilities) to recover any and all amounts owing, and/or you agree and
understand that the Service Suppliers shall have the right to change your selected debit order date on
notice to you;
2.4. it is your responsibility to make sure that you have given your correct banking details. If your banking
details change for any reason, you must notify Africa Mobile of the change so that Africa Mobile can
update its systems. You understand and agree that the Service Suppliers cannot be held liable for any
charges, damages or loss, if you do not notify Africa Mobile of the change to your banking details within
a reasonable period and that all such charges, damages or losses will be for your own account. This
means that you must accept any loss that results from you failing to tell Africa Mobile of a change of
your bank details.
3. The Service Suppliers have the option to require you to pay a reasonable refundable amount as a deposit,
if:
2.1. Africa Mobile activates any SIM Card or any value-added services that are supplied to you; or
2.2. you default on any payment (Africa Mobile will give you written notice to pay a deposit if you default
on payment).
4. If the Service Suppliers require you to pay a deposit in terms of clause 5 point 3 above, you will be required
to pay such deposit immediately before the Service Suppliers provide you with further Services and/or
Equipment. The deposit amount will be calculated with reference to Africa Mobile’s credit vetting rules and
procedures and subject to clause 6 point 1.1.6 will be credited to you either during the Contract Period or

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

6
 ____________________________________________________________________________________________________________

refunded to you at the end of the Contract Period, provided that all amounts due have been paid by you in
full.
5. If you do not pay your Charges on time, if you breach the Contract or if you do not pay the requested
reasonable deposit amount, then the Service Suppliers may suspend the Services until you have paid the
deposit or any outstanding amounts owing and recover the deposit amount from you.
6. You have 30 calendar days from the date of each invoice that is issued to you to query any amounts on that
invoice. If you do not raise a query within 30 calendar days, then you will be deemed to have accepted the
invoice as correct.
7. Even if you do not receive your invoice/s for any month/s you must pay all outstanding charges on the due
date. Please notify Africa Mobile as soon as you realise that you have not received your invoice so that Africa
Mobile may take steps to assist you with this and advise you of the amount due.
8. It is your responsibility to make sure that you have given your correct address details (whether electronic or
physical). If your address details change for any reason, you must notify Africa Mobile of the change in terms
of clause 21 so that Africa Mobile can update its systems. You understand and agree that the Service
Suppliers cannot be held liable for any charges, damages or loss, if you do not ask to change your address
details within a reasonable period and that all such charges, damages or losses will be for your own account.
This means that you must accept any loss that results from you failing to tell Africa Mobile of a change of
address details.
9. You agree and understand that Africa Mobile will process a debit order payment (and/or any other payment
method as provided for herein) for using our services.

6. WHAT HAPPENS IF YOU DO NOT COMPLY WITH THE CONTRACT?

1. What happens if you don’t pay on time?

1.1. If you do not pay all amounts due on or before the due date for payments then, subject to clause 6 point 2,
Africa Mobile will deliver a notice to you and may:
1.1.1. oblige you to perform all your obligations in terms of the Contract;
1.1.2. charge interest on the overdue amount at the interest rate notified to you and calculated from
the due date of payment to the date of actual payment to Africa Mobile;
1.1.3. take action in terms of clause 6 point 2;
1.1.4. inform any credit bureau of your payment default;
1.1.5. suspend Services – both SIM Card and the Equipment (devices services are suspended via a
device management software that’s preinstalled on your handset);
1.1.6. use the deposit amount paid by you on terms of clause 5 point 3 (if applicable) to recover any
amounts owing for Services or Equipment;
1.1.7. blacklist the Equipment supplied to you in terms of clause 17 of these Terms and Conditions,
and /or
1.1.8. hand-over your account to external debt collection agencies or attorneys for collection.
1.2. Africa Mobile will notify you before the suspension of Services within 3 days of the missed debit date.
1.3. If you have an arrangement where a Third Party pays any Charges on your behalf and the Third Party has
insufficient funds in their account to cover the amount owing in terms of the Contract, the Service Suppliers

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

7
 ____________________________________________________________________________________________________________

have the right to debit your bank account for any shortfall. If neither you nor the Third Party pays any
outstanding amounts owing, the provisions of clauses 6 point 1 and 6 point 2 will apply.
1.4. The Service Suppliers are entitled to charge you an administration fee which you agree to pay if any debit
order or other form of payment is returned unpaid or if your credit card payment is rejected or insufficient
payment is received for whatever reason, unless it is due to the Service Suppliers’ own fault. The
administration fee will include the bank charges, bank administration fees and other charges and fees that
the Service Suppliers will have to pay.

2. When may the Service Suppliers cancel the Contract?

2.1. In the event that you have acted illegally, or you have acted in a manner which, Africa Mobile’s sole
discretion, constitutes racism, hate speech and/or verbal abuse, the Service Suppliers may exercise their
right to cancel the Contract, on notice to you.
2.2. If you commit a breach of any of the terms and conditions of the Contract and you remain in breach for a
period of 20 Working Days after delivery of a written notice of breach to you requesting that you remedy
the breach, the Service Suppliers will be entitled to immediately:
2.2.1. cancel the Contract;
2.2.2. charge you for the use of Services up to the date of cancellation;
2.2.3. charge you all Charges outstanding for any of Services (including your Subscription Fee) which
would have continued for the Initial Contract Period or Renewal Period;
2.2.4. charge you for the outstanding value of the Equipment supplied to you on the date of
cancellation of the Contract;
2.2.5. blacklist the Equipment in terms of clause 17; and/or
2.2.6. claim damages.

3. What happens if you cancel the Contract?

3.1. If you cancel the Contract before the expiry of the Contract Period or the Renewal Period, then you will be
liable and undertake to pay on demand:
3.1.1. the outstanding value of the Equipment on the date of cancellation of the Contract;
3.1.2. the outstanding Subscription Fees and Usage Charges which have been billed but not yet paid
by you; and
3.1.3. a reasonable cancellation penalty in respect of any of Services which would have continued for
the remaining contract period of the Contract.

7. WHEN MAY THE SERVICE SUPPLIERS CANCEL OR TRANSFER THE CONTRACT?

1. You agree and understand that in the following instances, your Contract may, on written notice to you, either
be terminated, or transferred to another Electronic Communications Network Provider or Electronic
Communications Service Provider:
1.1. if Africa Mobile undergoes a restructuring which requires the Contract to be terminated or transferred,
Africa Mobile may elect to either terminate the Contract on written notice to you, or transfer its rights

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

8
 ____________________________________________________________________________________________________________

and obligations under the Contract to another Electronic Communications Network Provider or
Electronic Communications Service Provider on written notice to you;
1.2. if Africa Mobile’s Licence is cancelled, terminated or amended, or if the Africa Mobile Network remains
unavailable for a continuous period of 60 (sixty) days, Africa Mobile may elect to either terminate the
Contract on written notice to you, or transfer its rights and obligations under the Contract to another
Electronic Communications Network Provider or Electronic Communications Service Provider on written
notice to you;
1.3. if Africa Mobile is insolvent or Africa Mobile is under business rescue in terms of the Companies Act 71
of 2008, or if Africa Mobile is unable to provide Services in terms of the Contract, the Equipment Supplier
may elect, on written notice to you, to either terminate the Contract or transfer the right to provide the
Services under the Contract to another Electronic Communications Network Provider or Electronic
Communications Service Provider. [Business rescue is a process by which a company in financial distress
is provided with the opportunity to reorganise and restructure in order to avoid a possible liquidation].
2. You will not be charged a cancellation fee if the Contract is cancelled for any of the reasons set out in clause
7 point 1 above, however, you shall remain liable for payment of your Equipment Fee.
3. You agree and understand that if either of the Service Suppliers elect to transfer their rights and obligations
under the Contract to another Electronic Communications Network Provider or Electronic Communications
Service Provider then:
3.1. the Contract shall not come to an end, unless you request to cancel it in terms of the cancellation
provisions, and you shall remain liable and must continue to pay all amounts in terms of the Contract,
including Charges and Equipment Fee; and
3.2. in order to facilitate the uninterrupted transfer, you agree and request the Service Suppliers, as far as
the law allows, to Port your Cellphone number to such other Electronic Communications Network
Provider or Electronic Communications Service Provider, unless you request to cancel the Contract in
terms of the cancellation provisions.

8. SUSPENSION OF SERVICES AND DISCONNECTION OF EQUIPMENT

1. Services may be suspended by disconnecting your SIM Card and/or the Equipment from the Africa Mobile
Network, if:
1.1. the Africa Mobile Network fails, or becomes temporarily unavailable due to any modification and/or
upgrade and/or maintenance and/or circumstance beyond the Service Suppliers’ control;
1.2. you fail to comply with any of the Terms and Conditions of the Contract; or
1.3. you use Services unlawfully, or if you unlawfully tamper with or modify your SIM Card or the Equipment.
2. In the event that the Service Suppliers become aware of any suspension, termination or temporary
unavailability of the Africa Mobile Network, or any of Services, or any unavoidable delay in the performance
of Services, Africa Mobile will make reasonable attempts to give you timely notice of such suspension,
termination, temporary unavailability or unavoidable delay.
3. You will continue to be liable for payment of your Equipment Fee during any suspension period.
4. The Service Suppliers are entitled to charge you a reasonable administration fee if Services are suspended
and have to be reconnected due to the reasons set out in clauses 8 points: 1.2 and 1.3 above.

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

9
 ____________________________________________________________________________________________________________

5. You will still be able to call Africa Mobile’s emergency response centre free of charge in the event of an
emergency (where available).

9. SERVICES

1. The Service Suppliers will take all reasonable steps within their control to make Services available to you at
all times in line with the Terms and Conditions of the Contract.
2. The Services are only available within the range of base stations that make up the Africa Mobile Network
and the signal may vary according to where you are at the time.
3. Although the Service Suppliers take all reasonable measures to ensure that Services are offered to you on a
consistent and continuous basis, the Service Suppliers cannot always guarantee a continuous fault-free
service.
4. The quality and availability of Services may sometimes be affected by factors such as:
4.1. local physical obstructions;
4.2. bad weather;
4.3. other causes of radio interference;
4.4. the features or functionality of your particular Equipment;
4.5. damaged Equipment or SIM Card; or
4.6. the number of people trying to use the Africa Mobile Network at the same time, for instance
in a national emergency, or if there are faults in other electronic communications networks to which
the Africa Mobile Network is connected.
5. You understand and agree that the SIM Card and the Cellphone number allocated to you may (if it becomes
necessary) be changed by Africa Mobile or the Service Suppliers.

10. SIM CARD AND EQUIPMENT

1. You are responsible for the safekeeping of your Equipment and your SIM Card and you agree to notify Africa
Mobile immediately if your SIM Card and/or Equipment have been lost or stolen. You accept all risks
associated with your SIM Card and Equipment (from the date of delivery).
2. Your SIM card has a unique IMSI number. This IMSI number is locked to your device. In the event that you
try to remove the SIM card from the device, the device will lock automatically until the SIM is re-inserted.
3. Where possible, the Service Suppliers guarantee that you shall have undisturbed possession of the SIM Card
for the duration of the Contract. Ownership of the SIM Card will pass to you on expiry or termination
provided you have complied with the Contract and paid all amounts due in terms of the Contract. This
requirement may be waived in writing by the Service Suppliers.
4. The Equipment Supplier remains the owner of any Equipment supplied to you until the Contract comes to
an end. Where possible the Equipment Supplier guarantees that you shall have undisturbed possession of
the Equipment for the duration of the Contract provided you have complied with the Contract. Ownership
of the Equipment will pass to you on expiry or termination only if you have paid all amounts due in terms of
the services and the Contract.

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

10
 ____________________________________________________________________________________________________________

5. Any Equipment supplied to you that does not function properly or is defective or faulty because of its design,
material or workmanship may be covered by a warranty provided by the manufacturer or relevant legislation
for the period stated by the manufacturer or legislation.
6. The Service Suppliers do not warrant any SIM Card, Equipment or accessory which has been damaged due
to mechanical, water (including dropping SIM Card or Equipment in water, damage to SIM Card or Equipment
due to perspiration and humidity), disassembled, physically altered, permanently installed, affixed, attached,
joined or added to, blended or combined with, or embedded within, other Equipment or property.
7. If your Equipment is faulty on receiving, you may take the unit in at a Service centre that will be provided to
you by Africa Mobile.
8. You agree and understand that you may forfeit and lose any applicable warranty if you use another SIM card
(other than the SIM Card issued by Africa Mobile in terms of this Contract) and the use of incompatible SIM
card caused damage to the Equipment.
9. You understand and agree that the Contract will not come to an end if the Equipment, and/or the SIM Card
issued to you are lost, stolen or damaged. You remain liable and must continue to pay all Charges and the
Equipment Fee in terms of the Contract.
10. You may not use your SIM Card for any machine-to-machine or machine-related services, unless otherwise
agreed in writing with the Service Suppliers.
11. Any use of this of this offer outside of what is considered reasonable for private, non-commercial use and in
instances through mechanisms and means not intended for personal use or the anticipated purpose of the
offer will be considered as abuse.

11. INCLUSIVE BENEFITS

1. Where any Tariff Plan provides for Inclusive Benefits and you do not use all these Inclusive Benefits within
the billing period in which they originally accrued, then those unused Inclusive Benefits may be carried over
for a period of 30 days, to be advised by Africa Mobile from time to time (the “Carry Over Period”).
2. Any unused Inclusive Benefits will expire after the Carry Over Period.
3. On cancellation of this Contract for any reason, any unused Inclusive Benefits will be forfeited and you will
have no claim against the Service Suppliers in respect of such unused Inclusive Benefits. It is your
responsibility to ensure that any unused Inclusive Benefits are used up prior to cancellation.

12. OUT OF BUNDLE CHARGES

1. By signing the Contract, you agree that once the Inclusive Benefits of your selected product/package are
exhausted, you will be defaulted to “Pay as you go” which can be done by purchasing data or airtime on the
Africa Mobile app downloaded from Play Store.

13. DISCOUNTS AND PROMOTIONS

1. Unless Africa Mobile advises otherwise, any Monthly Usage Limit, price reduction, discount, promotion or
additional benefit, value-added services, or additional services, that are offered and/or provided to you as

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

11
 ____________________________________________________________________________________________________________

part of the Contract, will only be applicable during the initial Contract Period and will not apply in the event
that:
1.1. the initial Contract Period has expired;
1.2. you migrate to another package (other than the package you initially activated); or
1.3. the Contract is renewed or cancelled.

14. LIMITATION OF LIABILITY

1. Africa Mobile will not be liable to you for any liability, loss(es) and/or damage and/or cost or expenses
whether direct, indirect and/or of a consequential nature including any loss of income and/or loss of profit
and/or or loss of anticipated savings suffered by you due to:
1.1. any reasonable suspension, termination or temporary unavailability of the Africa Mobile Network, or
any of Services, or any unavoidable delay in the performance of Services;
1.2. any change in your Cellphone number if Africa Mobile is obliged to do so in terms of law, or if you or
your authorised representative requests to change your Cellphone number; and/or
1.3. the Porting of the Cellphone number. [This clause means that the Service Suppliers and Africa Mobile
will not reimburse you for any of your losses if Services are suspended, terminated or unavailable for
any reason that you should reasonably expect from that Service, or if Africa Mobile has to change your
Cellphone number, or if you ask to Port your number, or if there is any reasonable delay in doing so].

15. INTELLECTUAL PROPERTY

1. Nothing in the Contract is a licence or transfer to you of any of Africa Mobile’s rights including copyright
and/or trademarks relating to the name Africa Mobile, the Services, the Equipment or the SIM Card
(including any software or firmware incorporated in the SIM Card).

16. USE OF PERSONAL INFORMATION

1. You warrant and guarantee that all personal information supplied by you to the Service Suppliers in the
Application is true and correct.
2. You agree to immediately inform Africa Mobile in writing if there is any change of whatsoever nature in any
of your personal information, including your physical address, previously supplied to the Service Suppliers.
3. As and when necessary, you consent to the Service Suppliers obtaining, using, storing and/or disclosing your
personal information provided to the Service Suppliers as follows:
3.1. to either credit grantors and/or credit bureau and/or banks and/or other financial institutions in order
to ascertain information relating to your affordability check (before the Service Suppliers accept the
Contract and for fraud prevention purposes, to improve the accuracy of contact details and in order to
process any payment transactions necessary for and relative to the Contract;
3.2. to other suppliers to whom we outsource services related to data processing (e.g. IT services providers,
courier and logistic companies, repair centres, cloud computing service providers);

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

12
 ____________________________________________________________________________________________________________

3.3. to attorneys and/or debt collection agencies if you breach the Contract;
3.4. to the Service Suppliers’ agents and/or consultants and/or trade partners and/or Electronic
Communications Service Providers and/or Africa Mobile, but only to the extent necessary and in order
to provide Services and Equipment to you;
3.5. to consumer research companies for the purposes of conducting research on improving services
or products;
3.6. for the purposes of the Service Suppliers publishing a directory containing the name, address, details
and the applicable Cellphone number of subscribers; and
3.7. for the purposes of Africa Mobile informing or sending information to you about any new services or
products offered by Africa Mobile and/or by any of Africa Mobile agents and/or consultants and/or
trade partners which is considered to be of interest to you. Africa Mobile will comply with the direct
marketing provisions of the Consumer Protection Act 68 of 2008 (“CPA”) as amended and the CPA
regulations, including the provisions relating to the direct marketing registry.
4. You are entitled to withdraw your consent for using your personal information under clauses 16 point: 3.6
and 3.7 above on written notice or notice in any other recorded form to Africa Mobile. In the event you
decide to withdraw your consent the Service Suppliers will not be able to use your information for the
purposes listed above to the extent that you withdraw your consent from the date your withdrawal notice
is received.
5. The Service Suppliers will not disclose your personal information to any other person or institution other
than as stated under clause 16 point 3, or where compelled to do so in terms of the Licence and/or any law
and/or in terms of a court order.

17. BLACKLISTING

1. If your SIM Card and/or Equipment are lost or stolen during the Contract Period or any Renewal Period then
you must tell Africa Mobile immediately so that your interests can be protected, your Equipment blacklisted
from further use and/or your Equipment and SIM Card blocked from further use. You will remain liable for
all Charges until you have asked Africa Mobile to block further use of your SIM Card and/or Equipment. You
will not be liable for any Usage Charges incurred by any unauthorised person after you have requested Africa
Mobile to block your SIM Card, but you will continue to be liable for the Equipment Fee and Subscription
Fee for the entire Contract Period.
2. Africa Mobile agrees to blacklist the use of your SIM Card and/or Equipment on the Africa Mobile Network
and to notify the other Electronic Communications Network Providers of such blacklisting, only on the basis
that you agree to indemnify Africa Mobile and the Equipment Supplier in respect of any liability, claim, costs
or expenses which may be made against Africa Mobile or the Equipment Supplier by you or by any other
person or organisation as a result of such blacklisting. [This clause means that if you ask Africa Mobile
to block or blacklist your SIM Card or Equipment you cannot claim any loss from Africa Mobile or the
Equipment Supplier and you must pay Africa Mobile or the Equipment Supplier any amount they have to
pay anyone else because of it].
3. Africa Mobile may charge you a reasonable fee for the blacklisting in terms of this clause and for the removal
of the Equipment from the blacklist.

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

13
 ____________________________________________________________________________________________________________

18. MOBILE NUMBER PORTABILITY

1. If you have Ported your Cellphone number to Africa Mobile you agree and understand that any services, any
third party services and any service credits provided to you by the Electronic Communications Network
Provider or Electronic Communications Service Provider that you have Ported from are not transferable to
Africa Mobile and that you will in turn only have access to the Services as provided for and defined in the
Contract.
2. You agree and understand that you have to pay all outstanding amounts due to the other Electronic Network
Provider or Electronic Communications Service Provider from whose service you have Ported. Africa Mobile
and the Service Suppliers are not responsible for paying any amounts to the other Electronic
Communications Network Provider or Electronic Communications Service Provider.
3. You agree and understand that you remain liable to pay all amounts due in the event that you want to Port
your Cellphone number from Africa Mobile to another Electronic Communications Network Provider or
Electronic Communications Service Provider. In the event that you Port your Cellphone number the
provisions of the Number Portability Regulations will apply.

19. RICA

1. RICA is applicable to Services and the Equipment and to you in terms of the Contract and:
1.1. in terms of RICA, the Service Suppliers are required to be satisfied as to your identity which includes
getting a copy of your ID and proof of your physical address from you;
1.2. the Service Suppliers or Africa Mobile will be in contact with you to acquire this mandatory information;
1.3. the Service Suppliers or Africa Mobile may be required to disclose the information relating to you in
accordance with RICA, to a law enforcement officer on receipt of a directive issued in terms of RICA;
1.4. you must immediately report any loss, theft or destruction of your SIM Card and/or Equipment to the
police, otherwise you will be committing an offence and will be liable to a fine or imprisonment; and
1.5. if you transfer your SIM Card to another person (other than a family member or a dependant of yours)
then you must register the details of that person with Africa Mobile under RICA or you will be liable to
a fine or imprisonment.

20. MONTHLY USAGE LIMIT

1. You understand and agree that the Service Suppliers may, of their own choice and discretion, implement
a Monthly Usage Limit, without notice to you.
2. Where the Service Suppliers implement a Monthly Usage Limit (either at your request or by the Service
Suppliers’ choice), then the chosen Monthly Usage Limit will be calculated in accordance with Africa Mobile’s
billing cycle.
3. When you reach 70% of the Monthly Usage Limit, Africa Mobile will make reasonable efforts to send you an
SMS advising that your Monthly Usage Limit has almost been reached.

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

14
 ____________________________________________________________________________________________________________

4. If the Monthly Usage Limit is reached then the Service Suppliers are entitled to use all reasonable efforts to
prevent you from making further use of Services, except for calls to emergency services numbers namely
112, and customer care on 135 / and for accessing your voice mailbox on 132.
5. The Monthly Usage Limit cannot be applied when you are using your SIM Card outside the borders of South
Africa (also called “international roaming”) as Africa Mobile may not receive information relating to
International Roaming Charges in a timely manner during the period that international roaming is activated.
You may reach your Monthly Usage Limit before Africa Mobile has had a reasonable opportunity to either
notify you that you are nearing your Monthly Usage Limit or to impose the limit to prevent you from incurring
additional International Roaming Charges. International Roaming Charges, including data charges, can lead
to extremely high charges in a short period. You should not use data while you are roaming outside the
borders of South Africa unless you are aware of the necessary data charges. You will remain liable for all
International Roaming Charges, which include charges for all calls made and received, SMSs/MMSs sent and
received, as well as all data used.
6. You accept that the Service Suppliers cannot guarantee to implement the Monthly Usage Limit and you
remain responsible to pay for all Usage Charges spent on your SIM Card over and above the Monthly Usage
Limit regardless whether or not the Service Suppliers implement the Monthly Usage Limit.

21. FINAL PROVISIONS

1. Notices

1. All legal notices given in terms of the Contract will be in writing and all notices may be sent to the address(es)
specified in the Application. Any change in your address will only be effective if and when Africa Mobile
receives written notification of your change of address.
2. Africa Mobile will deliver certain notices to you by SMS or via WhatsApp on its own behalf and on behalf of
the Equipment Supplier.
3. Notices that do not negatively affect you, will be delivered and will be considered as received:
3.1. if delivery is by hand, then on the date of delivery;
3.2. if delivery is by fax, then within 24 hours of transmission of the fax;
3.3. if delivery is by email, then when the message is capable of being retrieved and processed by the
addressee from the information system, or server used by the addressee for the purposes of receiving
email messages as stated in section 23(b) of the Electronic Communications and Transactions Act 25 of
2002.
4. Any legal notices given by Africa Mobile which is of a particular interest to you will be deemed to have
reached you within 10 days of posting, only if it is sent by registered mail from an address within South Africa
to your last known address.

2. Transfer of rights and obligations

1. You must not do any of the following at any time without the Service Suppliers’ permission and the Service
Suppliers will not unreasonably withhold such permission:

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

15
 ____________________________________________________________________________________________________________

1.1. transfer/cede any of your rights under the Contract to any other entity or person; or
1.2. transfer/ delegate or hand-over any of your obligations or responsibilities under the Contract to any
other entity or person.
2. To the extent that this is allowed by law, you agree that the Service Suppliers can at any time do any of the
following without your permission:
2.1. transfer any rights under the Contract, to any one or more persons or entities; and/or
2.2. transfer/delegate or hand-over any obligations or responsibilities under the Contract to any one
or more persons or entities.

3. Extension of time and indulgences

1. If the Service Suppliers give you any leeway, or extension of time or other indulgence, it will not prevent the
Service Suppliers from enforcing any rights in the future, without notice, and requiring your strict and timely
compliance with each term and condition of the Contract.

4. Unenforceable provisions

1. If any term of the Contract is unenforceable, illegal, void, or contrary to public policy then it will be deleted
from the Contract. The remaining provisions of the Contract will however remain binding and in full force.

5. Amendments

1. The Service Suppliers are entitled on written notice to you (which notice may be sent via SMS), to change
the terms and conditions of the Contract if necessary because of any new and/or amended law, tax,
regulation and/or any change in the terms and conditions of Africa Mobile’s Licence and/or any change in
the Tariff Plan or Services.
2. The Service Suppliers are further entitled on written notice to you (which notice may be sent via SMS), to
change the terms and conditions of any Services or conditions of supply of the Equipment.
3. If the Service Suppliers change the terms and conditions, you will be notified of such amended terms and
conditions and you will be able to view the amended terms and conditions of the Contract, Services and
supply of Equipment on www.africamobile.co.za.
4. If you do not agree to the amendments, you may cancel the Contract subject to the cancellation provisions
of the Contract by giving 20 Working Days’ written notice of cancellation in any recorded form, but the notice
must be given within 5 Working Days of the date you get notice of any change.

6. Whole agreement

1. Except for the Service Suppliers right to change the Contract described in clause 21.5 above, this is the whole
agreement between you and the Service Suppliers and no amendment, deletion or addition will be valid
unless it is stipulated in writing and agreed to by all parties.

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

16
 ____________________________________________________________________________________________________________

7. Legal costs

1. To the extent allowed by law, if Africa Mobile elects to take any legal action arising from breach of any terms
and conditions of the Contract where Africa Mobile has to hire the services of an attorney and/or advocate
and/or tracing agent then you will be liable in respect of all relevant legal cost(s) and/or expense(s) incurred
on the appropriate scale.

8. Warranty and Indemnity

1. You warrant that you have the necessary rights to enter into the Contract and you indemnify the Service
Suppliers against any liability, claim, damage or loss that a third party might have arising out of the Contract
if you do not have the necessary rights. [This clause means that if you do not have authority to sign the
Contract you will be personally liable for any loss that results from your lack of authority].

9. Evidence

1. A computerised account or a certificate signed by a manager of Africa Mobile (whose authority Africa Mobile
needs not prove) will be proof on the face of it of any amount due by you in terms of the Contract. You are
entitled to challenge the correctness of any such certificate if you want to do so.

10. Resolving disputes

1. You agree and understand that any dispute arising from the Contract shall be referred to Africa Mobile.
2. You can lodge a complaint:
2.1. by phone: 010 8860 6304;
2.2. by email: complaints@africamobile.co.za;
2.3. in writing at: Airtime Collections Africa Mobile (Pty) Ltd, 12a Growthpoint Business Park, 162 Tonetti
street, Midrand, Guateng, 1685.
3. Any dispute relating to the Contract can be resolved in accordance with Africa Mobile’s Customer Code of
Conduct, a copy of which is available on Africa Mobile’s website being www.africamobile.co.za.
4. Despite the above, you can refer any unresolved dispute between you and Africa Mobile to the National
Consumer Commission established under the Consumer Protection Act 68 of 2008, or to ICASA, or the Credit
Ombud established in terms of the National Credit Act 34 of 2005 (where applicable).

_________________________________________________________________________________________________________________
Airtime Collections Africa Mobile (Pty) Ltd

12a Growthpoint Business Park, 162 Tonetti Street,

Midrand, Guateng, 1685, South Africa

Reg: 2018/541835/07
http://www.africamobile.co.za

17