Cell C books final 11/7/06 11:36 AM Page 1
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Port Request Form
Agreement No.:
Cell C Service Provider Company (Pty) Ltd
Call Centre: 084 140
Tel: (011) 324-8000 - Fax: (011) 324-8282
PO Box 786005, Sandton, 2146
Esher Place, 7 Federal Rd., Sandhurst, 2196
By signing this port request form I, in the capacity stated below, confirm that I have requested that the MSISDN numbers listed below (the “Number/s”) be ported to
Cell C Service Provider Company (Pty) Ltd (“Cell C SP”) and furthermore acknowledge that I have been advised:
• to retrieve all voice mail messages and to transfer any other data or information stored on the SIM card allocated to me by my current network operator
and/or service provider as these cannot be transferred to Cell C SP when my Number/s are ported;
• that the services offered by Cell C SP may differ from those offered by my current network operator / service provider and accordingly that I may not have
access to all of the services (including services offered by third parties) which I am currently using /accessing through my current network operator or service
provider;
• that any credits and/or unused minutes which I have accumulated with my current network operator or service provider are not portable to Cell C SP and
will be lost;
• that although Cell C SP will endeavour to port my Numbers on the date specified by me below, the actual porting date cannot be guaranteed and Cell C
SP will not be liable for any failure to carry out my port request on the date requested by me;
• that I (or the Account Holder) may still be liable to my current network operator or service provider in respect of my existing contract with them.
Part A: (To be completed where account holder is a natural person)
Details of person requesting port:
Full Names:
Identity Number:
Number/s to be ported to Cell C SP (should there be insufficient space, please fill in the numbers on a separate sheet, sign the sheet and attach
it to this form)
Account number with current service provider or network operator (as applicable)
The date you would like the Number/s to be ported ( porting date must be within 31 days from the date you sign this form and will be confirmed
by SMS.)
Your signature: Date:
If person requesting port is not the account holder, the following should be completed by the account holder:
Account holder’s full names:
Account Holder’s Identity Number Account Holder’s Signature
Part B (To be completed where the account holder is a corporate, that is a company, close corporation or trust and signed by duly authorised person)
Name of corporate account holder: Registration Number:
Details of person requesting port:
Full Names: Identity Number:
Number/s to be ported to Cell C SP (should there be insufficient space, please fill in the numbers on a separate sheet, sign the sheet and attach
it to this form)
Account number with corporate account holders current service provider or network operator (as applicable)
The date you would like the Number/s to be ported (porting date must be within 31 days from the date you sign this form and will be confirmed by
SMS.)
Your signature: Date:
If person requesting port is not duly authorised to sign on behalf of the corporate account holder, the following should be completed by
authorised person:
Full names: Identity Number: Signature:
Capacity in which you are signing on behalf of the account holder
The Account Holder hereby authorises Cell C SP to port the Number/s listed above to Cell C SP.
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Should you have any queries regarding your port please contact Cell C’s Mobile Number Portability Hotline
on 084 PORT 2 US (084 767 8287) and follow the voice prompts.
Cell C books final 11/7/06 11:36 AM Page 2
ANNEXURE A – TERMS AND CONDITIONS
1. DEFINITIONS remedied, Cell C SP shall be entitled forthwith and without further notice to the Subscriber to either terminate the Agreement or claim specific performance
In this Agreement, unless the context clearly indicates a contrary intention, all words and expressions used shall have the meaning ascribed to them below, and of all of the Subscriber’s obligations, including the immediate payment of all sums of money payable by the Subscriber, whether or not then due, in either
cognate expressions shall have corresponding meanings: event without prejudice to Cell C SP’s right to claim such damages as it may have suffered by reason of such breach or failure.
1.1 “Act” means the Electronic Communications Act, No 36 of 2005;
7.2 Without prejudice to the provisions of clause above, Cell C SP may forthwith terminate this Agreement at any time by giving Subscriber written notice
1.2 “Activation” means the enabling of a Cell C SIM Card on the Cell C Network by Cell C SP and “Activated” and “Activating” shall bear similar meanings; of such termination if (i) the Subscriber fails to make payment of any Charges on or before the due date for payment thereof; and/or (ii) the Subscriber
within a 12 month period calculated from a notice of breach, receives a further two notices of breach; or (iii) in the event that the Subscriber is sequestrated,
1.3 “Agreement" means the Application Form, the terms and conditions set out in this Annexure A, the Upgrade Application (where applicable) and addendum to this liquidated or placed under judicial management, irrespective of whether any of the aforesaid are provisional or final; or voluntary or compulsory (iv) in
Agreement signed by the Subscriber and duly authorised by Cell C SP the event of any material information supplied by the Subscriber on the Application Form or the Upgrade Form turning out to be untrue or incorrect.
1.4 “Application” means the application form printed on the face hereof, and shall include any other means acceptable to Cell C SP, of applying for the Services; 7.3 Any termination pursuant to the preceding provisions of this clause shall be without prejudice to any claim Cell C SP may have against the Subscriber
in respect of any prior breach of the terms and conditions of this Agreement by the Subscriber.
1.5 “Cell C” means Cell C (Proprietary) Limited, (Registration Number 1999/007722/07);
7.4 Without derogating from any other rights or remedies available to Cell C SP in terms of this Agreement or at law, in the event of
1.6 “Cell C Network” means the electronic communications network operated by Cell C in terms of the Licence and/or accessed by Cell C in terms of commercial the Agreement being cancelled by the Subscriber (for whatsoever reason) prior to the expiry of the Initial Term or any Renewal Term, or in the event of
agreements; Cell C SP electing to terminate the Agreement pursuant to the provision of this clause and/or any breach by the Subscriber which entitles Cell C SP so
to cancel:
1.7 “Cell C SP” means Cell C Service Provider Company (Proprietary) Limited (Registration Number 2001/008017/07) having its principal place of business at Esher
Place, 7 Federal Street, Sandhurst, 2196, Gauteng; 7.4.1 the Subscriber shall be liable to Cell C SP and hereby agrees to pay on demand, the full Monthly Access Charges that would have been payable
to Cell C SP for the remainder of the Initial Term or Renewal Term, as the case may be; and
1.8 “Charges” means the Connection Charge (where applicable), Monthly Access Charges, Usage Charges, SIM Card charges, Terminal Equipment charges and Insurance
Charges (where applicable) and any other charges relating to the provision of the Services to the Subscriber in terms of this Agreement; 7.4.2 Cell C SP reserves the right to claim an amount equal to the amount by which the Terminal Equipment was subsidised by Cell C SP as at the
Commencement Date of the Initial Term or the Renewal Term, as the case may be.
1.9 “Commencement Date” means (i) in relation to the Initial Term, the date upon which the SIM Card supplied to the Subscriber in terms of this Agreement was Activated;
and (ii) in relation to any Renewal Term, the date upon which the Upgrade Application was accepted by Cell C SP; 8. TERMINATION WITHOUT CAUSE
Without prejudice to any other rights at law or set out in this Agreement, Cell C SP may terminate this Agreement upon written notice to the Subscriber
1.10 “Connection Charge” means, where applicable, the initial charge for connection of a Subscriber to the Cell C Network set out in the Tariff Plan; in the event that the Licence is revoked, terminated or amended for any reason whatsoever; or in the event of Cell C terminating its Service Provider
agreement with Cell C SP for any reason whatsoever. The Subscriber shall have no claim against Cell C SP of whatsoever nature arising from termination
1.11 “Csurance” means the insurance cover offered by Cell C SP on the Terminal Equipment and the SIM Card on the terms and conditions set out in the separate Csurance of the Agreement in the aforesaid circumstances.
application form which a Subscriber electing to take such insurance is required to complete;
9. SUSPENSION OF THE SERVICES
1.12 “ECT Act” means the Electronic Communications and Transactions Act, No 25 of 2002; 9.1 The Services may be suspended (either temporarily or permanently and with or without notice, at Cell C SP's discretion) by disconnecting the Terminal
Equipment or SIM Card from the Cell C Network and/or rendering the Terminal Equipment inoperable (where same was supplied to the Subscriber by
1.13 “ICASA” means the Independent Communications Authority of South Africa established in terms of the Independent Communications Authority Act, No 13 of 2000, Cell C SP and ownership of same has not yet vested in the Subscriber in terms of 6.1 above) should:
to regulate, inter alia, the telecommunications market in South Africa;
9.1.1 the Cell C Network fail or become temporarily unavailable due to the modification or upgrade thereof or maintenance thereto;
1.14 “IMEI Number” means International Mobile Equipment Identity number;
9.1.2 the Subscriber breach any of the terms and conditions of this Agreement including but not limited to the non payment of any Charges due and/or
1.15 “Inclusive Minutes” mean any units of time on the Cell C Network in respect of which no Usage Charges are payable; the use of Terminal Equipment not approved by ICASA;
1.16 “Inclusive Data Units” means any units of data on the Cell C Network including but not limited to SMS, MMS, GPRS in respect of which no Usage Charges are 9.1.3 the Subscriber at any time exceed any credit limit or Monthly Limit imposed by Cell C SP, at its discretion, upon written notice to the Subscriber.
payable;
9.2 The Subscriber shall continue to be liable for payment of the Monthly Access Charges during any period of suspension referred to in clause 9.1 above.
1.17 “Initial Term” means the minimum period of this Agreement, being the number of consecutive months specified in the Term Option selected by the subscriber on Furthermore, Cell C SP shall be entitled to require the Subscriber to pay an administration fee prior to any suspension imposed in the circumstances
the Application Form; contemplated in clauses 9.1.2 and/or 9.1.3 being lifted by Cell C SP.
1.18 “Insurance Premiums” means the monthly premiums payable by the Subscriber in consideration of CSurance cover in the event of the Subscriber’s application for 10. LIMITATION OF LIABILITY
Csurance being accepted by Cell C SP; Cell C SP shall not be liable to the Subscriber for any loss, damage, cost or expense, whether direct, indirect, consequential (including without limitation,
loss of profits, loss of profit or loss of anticipated savings) suffered by the Subscriber and irrespective of whether such claim arises in contract, delict,
1.19 “Interest Rate” means the prime interest rate as published from time to time by Nedcor Bank Limited plus 2%; statue or otherwise, through or consequent upon (i) any breach of this Agreement by Cell C SP, its employees or agents or any other act of omission
by any of the aforesaid parties; or (ii) any suspension, termination or temporary unavailability of the Cell C Network and/or all or any of the Services; or
1.20 “Licence” means the licences issued or re-issued, as the case may be to Cell C in terms of the Act which licences enable Cell C to provide the Services; (iii) any change required to the MSISDN allocated to the Subscriber by Cell C SP; or (iv) the Porting of the MSISDN allocated to the Subscriber by Cell
C SP pursuant to a request made by or on behalf of the Subscriber or as a result of any delays in effecting such Port; or (vi) any Services accessed by
1.21 “Monthly Access Charge” means the monthly charge set out in the relevant Tariff Plan payable by the Subscriber to be connected to the Cell C Network; the Subscriber by means of the Cell C Network which Services are provided by third parties.
1.22 “Monthly Limit” means, where this option is made available by Cell C SP from time to time, the monthly limit on Usage Charges implemented on the Subscriber's
SIM Card/s pursuant to a written request by such Subscriber or imposed by Cell C SP, at its discretion, upon written notice to the Subscriber; 11. INTELLECTUAL PROPERTY RIGHTS
1.23 “MSISDN” means the Mobile Station International Subscriber Directory Number (also known as the cellular phone number) allocated to the Subscriber; Nothing in this Agreement shall be deemed to constitute an assignment to the Subscriber of any intellectual property rights relating to the Services or
the SIM Cards (including any software or firmware incorporated in such SIM Cards) and nothing in this Agreement shall be regarded as granting any
1.24 “Network Provider” means any person licensed in terms of the Act to provide mobile cellular electronic communications services; licence to the Subscriber in respect of such intellectual property rights, save as is expressly granted by this Agreement.
1.25 “Parties” means Cell C SP and the Subscriber; CSURANCE [SUBJECT TO PAYMENT OF MONTHLY INSURANCE PREMIUM]
1.26 “Port” or “Porting” refers to the ability of the Subscriber to transfer the MSISDN allocated to such Subscriber by Cell C SP to another Network Provider or the 11.1 Save for any promotion relating to insurance cover which Cell C may at its discretion make available on specified Tariff Plans from time to time, the
MSISDN allocated to the Subscriber by such other Network Provider to Cell C SP; Terminal Equipment and/or the SIM Card shall not be covered by Csurance unless a separate Csurance application form has been completed by the
Subscriber and same has been accepted by a duly authorised representative of Cell C SP.
1.27 “Renewal Term/s” means any period for which this Agreement is renewed (following expiry of the Initial Term), being the number of consecutive months specified
in the Term Option selected by the Subscriber on the Upgrade Form; 11.2 It shall be the sole responsibility of the Subscriber to ensure that the Insurance Premiums payable in respect of Csurance from time to time are paid
timeously and in full, and should Cell C SP omit, for any reason whatsoever, to include the Insurance Premiums in the Subscriber’s monthly invoice,
1.28 “RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act, No 70 of 2002 when it is ; and the Insurance Premium not being received by the insurer on the due date for payment thereof as a result of such omission, the Subscriber shall
not enjoy any insurance cover for the period during which the Insurance Premiums were unpaid. The Subscriber shall not have any claim against Cell
1.29 “Service Provider” means a party appointed by a Network Provider to resell its electronic communications services; C SP in the aforesaid circumstances.
1.30 “Services” means such electronic communications services as are available from time to time through the Cell C Network including without limitation any Value 11.3 In the event of Cell C SP omitting for any reason whatsoever, to include the Insurance Premiums on the Subscriber’s monthly invoice, the Subscriber
Added Services or third party services made accessible to the Subscriber by Cell C SP from time to time shall forthwith notify Cell C SP of such omission and Cell C SP may rectify the omission be debiting the Subscriber’s account with any arrear Insurance
Premiums, subject always to the terms and conditions of Csurance that may apply in such circumstances.
1.31 “SIM Card” means the Subscriber Identity Module issued to the Subscriber by Cell C SP bearing the MSISDN allocated to the Subscriber by Cell C SP or Ported to
Cell CP by the Subscriber; 11.4 Should the Subscriber (or other authorised person) elect to Port the MSISDN allocated to the Subscriber by Cell C SP from the Cell C Network, any
Csurance held by the Subscriber shall be deemed to have been terminated immediately upon a Successful Port having taken place.
1.32 “Subscriber” means the party whose particulars appear on the Application, their successors or authorised assignees;
12. MOBILE NUMBER PORATABILITY
1.33 “Successful Port” is deemed to have taken place when the Subscriber (following a request to Port made by such Subscriber) has (i) been activated on the network Where this Agreement was concluded following the Porting out of the MSISDN allocated to the Subscriber by another Network Provider or Service
provided by the Network Provider to which the Subscriber has elected to Port; and (ii) has been Deactivated from the Cell C Network; Provider and the Porting in of such MSISDN to Cell C SP, the Subscriber acknowledges that the services provided to the Subscriber by, and any service
credits held by the Subscriber with the donor Network Provider or Service Provider are not transferable and that the Subscriber will only have access to
1.34 “Tariff Plan” means the various tariff plans published by Cell C SP from time to time setting out, inter alia, the Connection Charges, Monthly Access Charges, Usage such Services as are provided in terms of this Agreement and will forfeit any unused service credits held with the donor Network Provider or Service
Charges and any other charges payable by a Customer in respect of the Cell C Service (as approved by ICASA, where applicable) and in addition, detailing the Provider.
billing increments, Inclusive Minutes (where applicable) any other Value Added Services included in, or bundled with, such tariff plan, and the Charges payable
by the Customer in respect thereof to the extent that such Charges are applicable from time to time; 13. RICA
13.1 RICA (when it comes into force of law) is applicable to the Services supplied by Cell C SP in terms of this Agreement and the Subscriber accordingly
1.35 “Term Option” means the contract duration selected by the Subscriber on the Application in respect of the Initial Term and, where applicable, on the Upgrade acknowledges that:
Application in respect of any Renewal Term;
13.1.1 Cell C SP cannot Activate the SIM Card until such time as certain of the Subscriber’s details required in accordance with RICA have been registered
1.36 “Terminal Equipment” means the handset or terminal utilised by the Subscriber to access the Services; with Cell C;
1.37 “Upgrade” means the process whereby the Parties agree to renew this Agreement for a Renewal Term and the Subscriber is issued with additional or upgraded item/s 13.1.2 Cell C SP may only disclose the information obtained from the Subscriber in accordance with RICA to a law enforcement officer upon receipt of
of Terminal Equipment in accordance with the Tariff Plan selected by the Subscriber and the business rules as determined by Cell C SP from time to time, and a directive issued in terms of RICA;
“Upgraded” shall have a similar meaning;
13.1.3 the loss, theft or destruction of the SIM Card must be reported to the police by the Subscriber and that failure to do so is an offence; and
1.38 “Upgrade Application” means the application to upgrade, submitted to Cell C SP by a Subscriber by any means acceptable to Cell C SP;
13.1.4 if the SIM Card is transferred to another person (other than a family member, including dependents of the Subscriber) the Subscriber must ensure
1.39 “Usage Charges” means charges levied by Cell C SP for the Services supplied to the Subscriber or to any third party at the request of or with the Subscriber’s that the details of the person to whom the SIM Card is transferred are registered with Cell C.
consent;
14. SUBSCRIBER INFORMATION
1.40 “Value Added Services” means the Services designated as such by Cell C SP from time to time. 14.1 The Subscriber warrants that all information supplied in the Application and, where applicable, the Upgrade Form (the “Personal Information”) is true
and correct, and undertakes to notify Cell C SP immediately in writing should there be any change thereto.
2. OFFER AND ACCEPTANCE
The Application submitted by the Subscriber shall constitute an irrevocable offer to Cell C SP to enter into an agreement for the provision of the Services. Cell C 14.2 The Subscriber hereby consents to Cell C SP using and/or disclosing the Personal Information as follows:
SP shall not be bound by this Agreement until such time as such Application has been accepted by Cell C SP, which acceptance shall only be deemed to have taken
place upon Activation of the SIM Card on the Cell C Network. 14.2.1 to credit grantors, credit bureaux, banks or other financial institutions to ascertain the creditworthiness of the Subscriber (including prior to
acceptance of this Agreement by Cell C SP), for fraud prevention purposes and/or to process any payment transactions necessary for the purposes
3. AGREEMENT TERM of this Agreement; and/or
This Agreement shall commence on the Commencement Date, and subject always to the provisions of clauses 3.4,7,8 and 12 below shall continue:
14.2.2 to attorneys and/or debt collection agencies in the event of the Subscriber being in default of this Agreement; and/or
3.1 in the case of Agreements entered into for a Term Option of one month, on a month to month basis until terminated by either Party on 30 days written notice to
the other; or 14.2.3 to our agents, consultants, trade partners or service providers but only to the extent that this may be necessary to facilitate the provision of the
Services to the Subscriber;
3.2 for the Initial Term and thereafter on a month to month basis unless or until the Agreement is terminated by the Subscriber on at least 30 days written notice to
Cell C SP, which notice may not be given by the Subscriber earlier than 30 days prior to the expiry of the Initial Term; and 14.2.4 to consumer research companies for the purposes of conducting research on improving the Services offered to the Subscriber in terms of this
Agreement;
3.3 for any Renewal Term/s (following acceptance of the relevant Upgrade Application by Cell C SP), and upon expiry of any Renewal Term/s shall continue on a month
to month basis unless or until the Agreement is terminated by the Subscriber on at least 30 days written notice to Cell C SP, which notice may not be given by the 14.2.5 for the purposes of publishing a directory containing the name, address, details and MSISDN of Subscribers by either Cell C or Cell C SP; and/or
Subscriber earlier than 30 days prior to the expiry of the relevant Renewal Term.
14.2.6 for the purposes of informing or sending information to the Subscriber about any new services or products offered by Cell C, Cell C SP or any
3.4 Notwithstanding any provision to the contrary in this Agreement, Cell C SP shall have the right to terminate the Agreement upon 30 days’ written notice to the of their trade partners which may be of interest to the Subscriber from time to time
Subscriber at any time and the Subscriber shall have no claim whatsoever against Cell C SP arising from such termination. In such event, the provisions of clauses
7.4.1 and 7.4.2 shall not be applicable. 14.3 The Subscriber shall be entitled at any time to withdraw the aforesaid consent referred to in clause above upon written notice to Cell C SP and Cell C SP
shall not be entitled to use the Subscriber’s information for the aforesaid purposes with effect from the date of receipt by Cell C SP of such written
4. PROVISION OF THE SERVICES withdrawal.
4.1 Subject always to the terms and conditions of this Agreement, Cell C SP shall, for the duration of this Agreement, use its reasonable commercial endeavours to
maintain the connection of the SIM Card to the Cell C Network in order to give the Subscriber Access to the Services. 14.4 Save as provided for in clause 14.2 above or where Cell C SP is compelled to do so in terms of the Licence, any law or in terms of a court order, Cell C
SP shall not disclose the Subscriber’s personal information to any third without the Subscriber’s written consent.
4.2 The Subscriber specifically acknowledges that the MSISDN allocated to the Subscriber by Cell C SP forms part of the numbering allocated to Cell C in terms of the
Licence and the Act from time to time and that whilst Cell C SP shall use all reasonable endeavours to maintain the Subscriber’s MSISDN for the duration of the 14.5 Cell C SP reserves the right to terminate this Agreement immediately and without prejudice to any other rights which Cell C SP may have, should any
Agreement, Cell C SPshall be entitled to alter the SIM Card and/or the MSISDN allocated to the Subscriber for use in connection with the Services should it at any information supplied by the Subscriber be found to be incorrect and/or false.
time become necessary for Cell C SP to do so.
15. GENERAL
5. CHARGES AND PAYMENT TERMS 15.1 All notices given in terms of this Agreement shall be in writing, and the Subscriber and Cell C SP chooses their domicilia citandi executandi at the addresses
5.1 In consideration of the supply of the Services to the Subscriber in terms of this Agreement, the Subscriber shall make payment to Cell C SP of: specified in the Application Form and at clause 1.7 above respectively. Any change in the Subscriber’s domicilium shall only be effective upon receipt by
Cell C SP of written notification of such change.
5.1.1 the SIM Card charge, the Connection Charge, the price of the Terminal Equipment and accessories (where applicable) as indicated on the Applicationor
the Upgrade Application, as the case may be, on or before the Commencement Date; 15.2 Any notices to be delivered by either Party to the other shall be deemed to have been received by the other party upon date of delivery of such notice
where delivery is by hand; within 48 hours of transmission where given by fax; within seven days of the date of the posting thereof where such notice
5.1.2 the Monthly Access Charge, monthly in advance; where is by pre-paid registered post from an address within the Republic of South Africa, and where sent by e-mail, upon such message being capable
of being retrieved and processed by the addressee from the information system or server utilised by the addressee for the purposes of receiving e-mail
5.1.3 the Insurance Premium, where applicable, monthly in advance; messages as contemplated in s23(b) of the ECT Act..
5.1.4 the total Usage Charges generated by the Subscriber during each billing period, monthly in arrears. 15.3 Where any notice or communication in terms of this Agreement is required to be given in writing, the term “writing” shall be deemed to include a facsimile
and any form of electronic communication, which falls within the definition of a data message in terms of the ECT Act.
5.2 All amounts due by the Subscriber to Cell C SP shall be paid on the due date for payment as stipulated in the Cell C SP invoice issued to the Subscriber (timeous
payment being of the essence in this Agreement), free of exchange and without deduction or set-off, in cash or by such other payment method accepted by Cell C 15.4 The Subscriber shall not be entitled to cede or delegate any of its rights or obligations in terms of this Agreement to any third party without Cell C SP's
SP in its sole discretion written consent, however Cell C SP shall be entitled at any time to cede or delegate any of its rights or obligations in terms of this Agreement to any
. third party without the Subscriber's consent.
5.3 Unless any other form of payment is authorised by Cell C SP in writing, all payments due by the Subscriber shall be made on or before due date, by direct debit
order against a valid current account or credit card account held in the name of the Subscriber (or in the name of any third party who has consented thereto, in 15.5 No latitude, extension of time or other indulgence which may be given or allowed by to the Subscriber by Cell C SP shall in any way prejudice or operate
writing, on the Application). so as to preclude Cell C SP from enforcing any of its rights in the future without notice, requiring strict and punctual compliance with each and every
provision or term of this Agreement.
5.4 The Subscriber (and any third party specified on the Application) hereby authorises Cell C SP to debit any banking account as specified on the Application in
respect of any Charges owed by the Subscriber to Cell CSPin terms of this Agreement, provided that where third party payment has been provided for and such third 15.6 In the event of any one or more of these terms and conditions being unenforceable, illegal, void or contrary to public policy same will be deemed to the
party has insufficient funds in their banking account to cover the debit, Cell C SP reserves its rights to debit the Subscribers banking account in respect of any Charges severable from the remainder of this Agreement, which will nevertheless be binding and enforceable.
owed by the Subscriber to Cell C SP in terms of this Agreement.
15.7 This Agreement constitutes the whole agreement between the Parties as to the subject matter hereof and no variation,modification, deletion or addition
5.5 Unless stipulated otherwise, all prices and Charges set out in this Agreement, any Tariff Plan or Cell C SP price list are stated exclusive of Value Added Tax or any shall be valid unless reduced to writing and signed or published by Cell C SP as the case may be.
other applicable tax or duty (“taxes”), and the Subscriber shall be liable for such taxes as may be applicable.
15.8 Notwithstanding the provisions of clause , Cell C SP shall be entitled, upon written notice to the Subscriber, to vary or amend the terms and conditions
5.6 Should the Subscriber fail to pay any amount due to Cell C SP on or before the due date for payment thereof, Cell C SP, shall be entitled, at its discretion, and upon of this Agreement as a result of any new or amended laws, taxes or regulations; or any change in the terms and conditions of the Licence; or any change
written notice to the Subscriber, to levy interest on such overdue amount at the Interest Rate calculated from the due date for payment thereof until date of actual in the Service Provider agreement entered into between Cell C SP and Cell C.
payment.
15.9 The Subscriber hereby consents to the jurisdiction of any magistrates' court having jurisdiction under section 28 of the Magistrates' Court Act, 1944,
5.7 Cell C SP shall be entitled to levy an administration charge and the Subscriber agrees to pay such a charge in the event that any debit order or other form of payment or any amendment or replacement thereof, in regard to any legal action or proceedings issued by Cell C SP against the Subscriber arising from this
is returned unpaid or the Subscriber's credit card is rejected for whatsoever reason. Agreement, provided that Cell C SP shall be entitled to issue such proceedings out of the High Court.
5.8 Cell C SP shall be entitled to call upon the Subscriber to pay such deposit as Cell C SP may in its sole discretion deem appropriate prior to Activating any SIM Card/s 15.10 In the event of Cell C SP taking any action in any court of law against the Subscriber arising out of any breach of the terms and conditions hereof by the
supplied to the Subscriber in terms hereof or, by means of written notice to the Subscriber at any other time during the course of the Initial Term and/or any Renewal Subscriber, and/or having to engage the services of an attorney and/or tracing agent, the Subscriber agrees that it shall be liable for such legal costs on
Term in the event of the Subscriber defaulting on any one payment to Cell C SP. Should the Subscriber fail to comply with any such request for a deposit, Cell C the scale as between attorney and own client, as well as all collection and tracing charges on the scale as laid down by the Gauteng Law Society.
SP shall be entitled to suspend the Subscriber’s SIM Card/s until such deposit has been paid by the Subscriber.
15.11 A computerised account or a certificate signed by a manager of Cell C SP whose authority needs not to be proved, shall be prima facie evidence of any
5.9 Any charges and contents stipulated in the Tariff Plan or in any notice or directive issued by Cell C SP from time to time shall be deemed to be incorporated in this amount due by the Subscriber to Cell C SP in terms of this Agreement.
Agreement.
15.12 All disputes relating to the provisions of this Agreement shall be resolved in accordance with the Customer Code of Conduct, a copy of which is available
5.10 Cell C SP may vary all or any of its Charges from time to time either by publishing an amended Tariff Plan or upon written notice to the Subscriber. All tariff increases at http://www.cell.co.za/renderxml.asp?sectionpage=conduct. The Subscriber shall be entitled, in any event, to refer any unresolved dispute between
shall be subject to approval by ICASA and shall apply equally to any Monthly Access Charges or charges for any Value Added Services which were discounted on the Subscriber and Cell C SP to ICASA or to the dti Consumer Affairs Committee.
any promotion offered by Cell C SP at any time.
16. MONTHLY LIMIT OPTION (SUBJECT TO AVAILABILITY)
5.11 Where any Tariff Plan provides for Inclusive Minutes, and the Subscriber fails to fully utilise such Inclusive Minutes in the billing period in which they originally 16.1 Where Cell C SP implements the Monthly Limit (whether pursuant to a request by the Subscriber agreed to by Cell C SP, or where Cell C SP itself elects
accrued, such unused minutes (the “unused minutes”) will be automatically carried over to the following billing period (the “carry-over period”), up to a maximum to impose a Monthly Limit on the Subscriber’s SIM Card/s), the chosen Monthly Limit shall:
balance of double the Inclusive Minutes applicable to each billing period in terms of such Tariff Plan. In the event of the Subscriber failing to utilise the unused
minutes in the carry-over period, the unused minutes so carried over will be forfeited by the Subscriber. 16.1.1 be calculated in accordance with the Cell C SP billing cycle; and
5.12 Where any Tariff Plan provides for Inclusive Data Units, and the Subscriber fails to fully utilise such Inclusive Data Units in the billing period in which they originally 16.1.2 be calculated to include all Usage Charges.
accrued, such unused units (the “unused units”) will be automatically carried over to the following billing period (the “carry-over period”), up to a maximum balance
of double the Inclusive data units applicable to each billing period in terms of such Tariff Plan. In the event of the Subscriber failing to utilise the unused units in 16.2 Should the Monthly Limit be reached, Cell C SP shall use its reasonable commercial endeavours to bar the Subscriber from making further use of the
the carry-over period, the unused units so carried over will be forfeited by the Subscriber. Services, save for calls to emergency services numbers, 140, 112 and accessing the Subscriber's voice mail box.
5.13 The Subscriber shall have 30 days of date of each invoice issued by Cell C SP to query such invoice in terms of this Agreement, failing which such invoice shall 16.3 Whilst Cell C SP shall use all reasonable commercial endeavours to ensure that any Monthly Limit shall not be exceeded, the Subscriber hereby
be deemed to be correct. acknowledges and agrees that the Monthly Limit cannot be guaranteed by Cell C SP, whether due to a delay in the utilisation of the Services by the
Subscriber and the downloading of such usage records on the Cell C system or for any other reason beyond the reasonable control of Cell C SP, and
6. SIM CARDS AND TERMINAL EQUIPMENT the Subscriber shall remain liable to Cell C SP for all Usage Charges incurred on the Subscriber’s SIM Card over and above the Monthly Limit irrespective
6.1 Ownership in and to any Terminal Equipment sold to the Subscriber at a subsidised price shall remain vested in Cell C SP and shall only pass to the Subscriber of the failure of Cell C SP to implement the Monthly Limit.
upon expiry of the Initial Term and, where applicable, the relevant Renewal Term, but provided always that all amounts due by the Subscriber to Cell C SP in terms
of this Agreement during the aforesaid periods have been paid in full. 16.4 The Monthly Limit option shall not be available to Subscribers with international roaming or any other international calling service.
6.2 Ownership of the SIM Card/s supplied to the Subscriber in terms of this Agreement shall remain vested in Cell C SP and, if so requested by Cell C SP, the Subscriber 17. BLACKLISTING
shall return all SIM Cards issued to the Subscriber to Cell CSP upon expiry or earlier termination of this Agreement. 17.1 The Subscriber shall inform Cell C SP immediately, in the event of theft or loss of their SIM Card in order for Cell SP to block further use thereof. The
Subscriber shall remain liable for all Charges relating to the provision of Services in terms of this Agreement until such time as Cell C SP is notified of
6.3 All risk in and to the SIM Card and the Terminal Equipment shall pass to the Subscriber on delivery thereof by Cell C SP (or its authorised agents or distributors) to the theft.
the Subscriber or any person nominated by the Subscriber to accept delivery of the Terminal Equipment and/or SIM Card.
17.2 The Subscriber shall inform Cell C SP immediately, in the event of theft or loss of their Terminal Equipment in order for Cell SP to block further use thereof.
6.4 Any Terminal Equipment supplied by Cell C SP in terms of this Agreement shall be supported by Cell C SP on the same terms and conditions as set out in the relevant Cell C SP shall accede to any request made by the Subscriber to render inoperable on the Cell C Network (“blacklisting”) any Terminal Equipment which
manufacturer's warranty for the duration of this Agreement or the period stipulated in such manufacturer's warranty, whichever is the lesser period. has been stolen or lost and to notify the other Network Providers of such blacklisting on condition that the Subscriber hereby indemnifies Cell C and
Cell C SP (the “indemnitees”) in respect of any claims of whatsoever nature which may be made against them by the Subscriber or any third party as a
6.5 The Subscriber acknowledges and agrees that this Agreement is not conditional upon the functionality of the Terminal Equipment and therefore the Subscriber shall result of the indemnitees carrying out such blacklisting request.
not be entitled to cancel this Agreement or withhold any payments due under this Agreement due to any defect in the Terminal Equipment.
17.3 In the case of the Subscriber defaulting in any of its payment obligations to Cell C SP in terms of this Agreement, Cell C SP shall be entitled to blacklist
7. BREACH AND TERMINATION WITH CAUSE any Terminal Equipment supplied to the Subscriber in terms of this Agreement in respect of which ownership has not yet passed to the Subscriber in
7.1 If the event that the Subscriber commits a breach of any of the terms and conditions hereof (other than a breach referred to in clause below) and remains in default terms of clause above to prevent further use thereof and the Subscriber indemnifies Cell C SP in respect of any claim whatsoever arising from Cell C
for a period of seven days after delivery to the Subscriber of a written notice (“notice of breach”) from Cell C SP calling for such breach to be SP’s exercising of this right.