4. 8.4 the Thesubscriber subscriber will the right to set-off, deduct, defer, handset adjust or withhold any payment will not be have entitled to receive a replacement in the event of a lostdue or tostolen Jabba Connect terms of or of arising the agreement; handset for theinremainder the out termof once only. The subscriber must complete and return NATIONAL ACT 34 OF 2005 (NCA) for 24CREDIT months unless a party cancels it earlier in terms of the agreement. 4.1 It is expressly recorded that this agreement falls outside the scope of the NCA documentation relating to tax this(“VAT”) process. 8.5 any All charges will bear value added which will be included in the stipulated price; 5. SIM CARD AND PROVISIONS OF SERVICES 5. COMMENCEMENT AND DURATION 7.5 Please note that Jabba Connect will use best efforts to provide the subscriber with a 8.6 replacement Jabba Connecthandset may varyofall the or any rates make referredand to inmodel this clause of any changesbut made to not same as as thea result original handset, may ratestobydo anyso. thirdJabba party with whom reserves Jabba Connect has contracted the subscriber provision of the betheable Connect the right to provideforthe withservices a different on 7 (Seven) days written notification to the subscriber. If the subscriber does not accept the changes, handset with similar functionality. The replacement the subscriber may cancel the agreement in accordance handset with clausemay 14.not be new. 5.1 Jabba Connect will supply the subscriber with an un-activated SIM card to access and The agreement commences upon the delivery of the handset to the subscriber; use handset the services. 5.1 5.2 Jabba Connect will use reasonable endeavours to make sure that the service provider The airtime agreement commences on the date that the SIM card is delivered to the subscriber. activates the SIM card provided the subscriber acts in accordance with the agreement. 5.2 InIn this agreement,unless unless showsotherwise, clearly, the words willshall havehave thethe following this agreement, theanother contract intention clearly indicates the following words defined below meaning assigned to them and similar expressions shall have corresponding meanings: meanings: 1.1 “activation” means the enabling of a SIM card after the conclusion of this agreement; 1.2 “agreement” means the handset agreement or airtime agreement or both, which ever applies in the 6. 1.1 “activation” means to enable the SIM card; 1.3 “airtime agreement” means the agreement to buy monthly airtime on the terms of the agreement; “equipment” means the SIM card and handset (and any other items that go with the handset 1.3 in its packaging, like an earpiece, battery or charger); “equipment” means the SIM card and handset (and any related items that accompany the handset in its 1.4 “handset” mobile phone device or device which can connect to an electronic packaging, means such as aanGSM earpiece, battery or charger); “handset” means a GSM mobile phone device; 7. website: www.jabbaconnect.co.za; “month” shall mean a full calendar month; as Jabba maythe propose for acceptance by the subscriber at the the offer; 6.4 and Theconditions subscriber will beConnect liable for monthly rental payments in the event of time any ofdamages caused to and/or loss of the equipment for the term of the agreement. 1.11 “RICA” means the Regulation of Interception of Communications and Provision of Communication-Related 7.2 access to cellular airtime on the terms of the agreement; 1.13 “services” means the provision of cellular airtime which airtime the subscriber can only use through the handset; 1.13 “SIM card” means a Subscriber Identity Module which contains your mobile phone number and will provide you access to the network 1.14 “service provider” means services; a cellular network service provider, being Vodacom, MTN or Cell C; 1.14 “SIM “subscriber” means the person who Identity enters into the agreement with Jabba Connect; card” means a Subscriber Module which contains your cell phone number and 1.15 providenumber you access to the services; 1.15 will “MSISDN” means the cell phone number; Services relating to the loss, theft or damage of a handset within 24 (Twenty-four) hours of such event The subscriber is responsible for the maintenance of the equipment. 6.6 occurring. 1.16 “you”the means theserial person who enters into the agreement with Jabba Connect; 1.16 “subscriber” “IMEI” numberormeans handset number; 2.2 The Subject to clause 8.6 the subscriber to beconcluded bound by the provisions of any notice, directive or 2.1 parties expressly records that agrees they have a verbal agreement telephonically, applicable tariff plan relating to the services and issued by Jabba Connect and/or any cellular network which agreement has been recorded and electronically stored by Jabba Connect. operator from time to time relating to the services. 3. 6.7 If the handset has been lost or stolen, the subscriber must follow the steps referred to in Jabba reserves the right to hard lock the SIM card issued to a subscriber where a subscriber is clauseConnect 7 below. 7.5 1.17 “subscription agreement” means the agreement to buy monthly airtime on the terms of the agreement; APPOINTMENT 2. VERBAL CONTRACT 2.2 This written agreement confirms the terms that the parties agreed on when concluding the telephonic agreement. VERBAL CONTRACT 3.1 It is expressly recorded and the subscriber have concluded a verbal agreement 3. NATIONAL CREDIT ACTthat34Jabba OF Connect 2005 (NCA) telephonically, which contract has been recorded and electronically stored by Jabba Connect; 3.1 The parties agree that the agreement falls outside the scope of the NCA and the NCA will 3.2 not The apply verbal to contract has been reduced to writing and is evidenced by this agreement. the agreement. 4. TERM 4.1 The agreement starts on the day that Jabba Connect delivers the equipment and continues Jabba Connect will provide the subscriber with a handset the cost of which is clearly indicated in the A manufacturer’s 6.5 monthly warrantyover from relevant manufacturer will apply to the handset and subscription charges the the 24 month period. covers defects in the handset because of faulty design, manufacture or workmanship, provided thatagrees the handset has not been misused, upon over-loaded, modified or repaired by 7.3 The subscriber that the agreement is not conditional the continued operability of the handset an unauthorised party. Faulty batteries, as well any liquid damage supplied by Jabba Connect or the network operator andasalthough Jabbadamage Connect or will physical take reasonable care to theof handset aretoexcluded from the refer towill thenotmanufacturer’s incaused the delivery the handset the subscriber’s workwarranty. address, Please Jabba Connect be liable for any delay in the delivery of the handset to the subscriber. user guide for more information. If the subscriber has the view that there is a defect present in a handset Jabba Connect may require the subscriber to make the handset available to Jabba Connectmust or its agent inspection a time with andparticulars place agreed. 7.4 The subscriber report andfor provide Jabba atConnect from the South African Police 1.12 “RICA” means the Regulation of Interception of Communications and Provision of 1.12 Communication-Related “services” means the mobileInformation telephone services Jabba Connect the subscriber Act of provided 2002 asbyamended fromtotime to time; to procure The subscriber appoints Jabba Connect to perform the services as from the commencement date in terms of clause 5. 6.2 Ownership and title to the equipment will not pass on delivery, but all risk in the equipment HANDSET and benefit of ownership will pass on delivery. 6.3 Title of ownership will only pass at the end of the term and on condition that the subscriber Prior to or after the expiration of the initial 24 month period or any further 24 months extension period, has notConnect breached provisions of the the subscriber agreement. Jabba may any extend an offer to to receive an additional handset on such terms 1.11 “NAEDO” Non-Authenticated Informationmeans Act of 2002 as amended fromEarly time Debit to time;Order; 2.1 their terminal equipment and/or The subscriber agrees that he/she terminal equipment and/or thewill: SIM card.the SIM card. 7.1 1.10 “MSISDN” number means the cell phone number; 1.18 “system” means the network facilities of the service provider. 6.3 6.1 The subscriber hereby rents the handset for a period of 24 (twenty four) months at a 6.3.4 and Connect regulationsand andas all set instructions issued by any letter government monthlycomply rentalwith feeallasrelevant agreedlegislation with Jabba out in the welcome that authority or by the network operator/s regarding the use of the system, their terminal equipment is incorporated herein by reference. and/or the SIM card. 1.9 a calendar month; 1.10 “month” “NAEDO” means means Non-Authenticated Early Debit Order 2. 5.4.3.Connect only will useuse theitsSIM card received from Jabba the Connect in the handset; and operator Jabba reasonable endeavours to facilitate activation by the cellular network of the SIM card inwith accordance withlegislation the provisions ofregulations these terms and conditions which will by give comply allallrelevant and and allallinstructions issued 5.4.4. comply with relevant legislation andregulations and instructions issued byanythe subscriber access to the network facilities of the cellular network operator (“the system”). 8. in material breach of the agreement and fails to remedy the breach despite demand and/or request calling 6.8 him Although Jabba Connect will take reasonable care in the delivery of the handset to the to do so. subscriber’s work address at the estimated date agreed with the subscriber, Jabba Connect will not be liable for any delay in the delivery of the handset to the subscriber and will keep CHARGES AND PAYMENT the subscriber updated. 8.1 The subscriber will pay the charges monthly by way of debit order. 7. 8.2 LOSTJabba OR Connect STOLEN HANDSET BENEFIT will charge the subscriber in accordance with the retail tariff plan of Cell C and subject to any in terms clause 8.6, from to time in respect of theJabba services. Jabba Connect’s 7.1 changes If a handset is oflost or stolen, thetime subscriber must call Connect Customerstatement Serviceof charges include charges subscription and the use of the handset and on 087will310 8880 withinbilled 24 monthly hours, infororder for Jabba Connect to provide the administration subscriber fees. Jabba Connect will also be entitled to charge a late payment fee of R57.00 (incl. VAT) in the event with Blacklisting forms to complete in order to obtain an ITC number and blacklist the that the monthly subscription on the handset and the monthly subscription on the airtime have not been handset. Once the subscriber receives an ITC number, the subscriber must report paid in full by the subscriber by the due date of each month, a debit order rejection fee of R28.50 the (incl. lost or stolen the isSouth African Police VAT) in the eventphone a debittoorder returned unpaidPolice and anService EasyPay(SAPS) deposit and fee ofobtain R6.00a(incl. VAT)case in the number. subscriber musta payment provide onto the case number to EasyPay Jabba Connect event that The the subscriber makes his account at an outlet. within 24 hours after it received it. 8.3 monthly administration fee shall be charged to the subscriber, as indicated in the document accompanying 7.2 AJabba Connect may then blacklist the handset. the handset. 7.3 Should the subscriber find the handset after it has been blacklisted, the subscriber will pay a reasonable fee to Jabba Connect to un-blacklist the handset. 7.4 On condition that the subscriber is not in breach of any of the provisions of this agreement, behalf of the subscriber on the subscriber’s bank account. By signing the agreement, the signatory binds him/herself as surety and co-principal debtor on behalf of the subscriber unto and in favour of Jabba Connect for the due and timeous fulfilment of all of the subscriber’s obligations to Jabba MONTHLY PAYMENT Connect arising out of the agreement, including the payment of all charges, fees, penalties and 8.1 The subscriber will The pay signatory the monthly fees debitConnect order. may give time to, and otherwise enter liquidated damages. agrees thatbyJabba into any arrangement with thethe subscriber withoutfeeprejudice to Jabba with Connect’s rightstariff against 8.2 Jabba Connect will charge subscription in accordance the retail plantheof the signatory as surety and co-principal debtor. relevant service provider and subject to any changes in terms of clause 8.5, from time to time in respect of the services. The welcome letter sets out the total monthly fee payable to Jabba 8.8 Connect, The subscriber’s firstthe payment be due on the that the subscriber his salary in the including rental,willsubscription anddayadministration fees receives and is incorporated herein same month in which Jabba Connect concludes the agreement, subject to such payment date being byat reference. least 10 calendar days from the date on which the agreement was concluded and subject to Jabba Connect being able collect the full subscription payment during (incl. the month. conditions arehave 8.3 Jabba Connect mayto charge a late payment fee of R57.00 VAT) Ifif these the monthly fees notbeen met, then subscriber’s first subscription will be the datefee on which the subscriber receives not paidthe in full on the due date, a debitdate order rejection of R28.50 (incl. VAT) if a debit his salary the month following the month in which the agreement is concluded. The subscription will order is returned unpaid or reversed or disputed subscriber and anthat EasyPay deposit fee be collected by way of a monthly debit order which willbybethe deducted on the date the subscriber ofreceives R6.00his/her (incl. VAT) thethe subscriber makes a payment onto accountbank at anaccount EasyPay outlet. salaryif for month. Jabba Connect will track thehis nominated using The subscriber havethetheinstruction right to for set-off, deduct, defer, adjust orfunds withhold any payment NAEDO tracking will andnot present payment as soon as sufficient are available in due terms ofbank the account. agreement. the in nominated connecting to the system; 1.8 1.9 6.2 6.3.3 only use the SIM card received from Jabba Connect in the handset; and 6. HANDSET 1.7 “IMEI” number means the handset serial number. “Jabba Connect” means Jabba Finance (Pty) Ltd a company duly incorporated in terms of the laws of the 1.8 “Jabba meanswith Jabba Financenumber (Pty) Ltd (RF), a companyregistered duly incorporated in terms RepublicConnect” of South Africa, registration 2010/007037/07, office at 64 Roeland of the laws of the Republic of South with registration number 2010/007037/07, Square, Roeland Street, Cape Town, 8001 Africa, and operating from 2nd Floor, 81 Church Street, Cape Town, 8001, telephone 31081 8890 fax number: 7240 email: registered officenumber: at 2nd087 Floor, Church Street,086 572 Cape Town, 8001,[email protected]; telephone number: website310 : www.jabbaconnect.co.za 087 8890 fax number: 086 572 7240 email: [email protected]; services subscriber agreesprovided to take delivery thereof; 5.4.2. and onlytheuse the handset in terms of the agreement to connect to the system; use themay service for anythe improper or unlawful Jabba not 5.5 6.3.1 Connect change MSISDN numberpurpose; but will not substitute the services of one service provider for those of another without the subscriber’s approval. Jabba Connect will not be only under to assist withtheporting. 6.3.2 useany the obligation handsets which have the beensubscriber approved by regulatory authority for the purpose of communication system; lock”means meansthetoblocking block the SIM stop the subscriber it; card; 1.6 1.7 “hard “hard lock” of the SIMcard cardand to prevent a subscriber fromfrom usingusing the SIM 8. 5.4.1.Connect not use service for any improper or unlawful Jabba will the supply the subscriber with an un-activated SIMpurpose; card for the purpose of accessing the government authority by service the service provider regarding the ofuse the system, any government authority or byorthe provider regarding the use theofsystem, their 1.4 1.5 “handset agreement” means the agreement to rent the equipment on the terms of the 1.6 “handset agreement” means the agreement to buy the equipment; agreement; be incorporated herein by reference and will apply to the service. PROVISIONS OF SERVICES AND SUBSCRIBER’S DUTIES agrees that he/she will: 5.4 The subscriber 6.1 1.2 “agreement” means the handset agreement subscription agreement or both, which ever particular instance, concluded with Jabba Connect,orreduced to writing and recorded in these terms and conditions, together with any other documents incorporated herein and by reference; applies in the particular instance, consisting of these terms conditions together with any other documents incorporated by reference; 1.5 7.6 In order to qualify for the replacement handset referred to in clause 7. 4 above, the subscriber 8.7 must If thehave subscriber is afirst juristic person, thendue the by signatory agreement the with paid its rental charge meansto ofthedebit order who and signs muston bebehalf up toofdate warrants that he/she is dulyinauthorised into the agreement on allsubscriber payments(“the duesignatory”) at the time of lodging your claim terms oftotheenter agreement. Subject 5.3 The to clause 8.5 theforsubscriber that any notice, directive or applicable tariff 5.3 agreement shall continue 24 months,agrees and thereafter, unless terminated in terms of the agreement, plan relating to thetoservices that Jabba Connect and/or the service provider may issue will continue on a month month basis. 1. 1. DEFINITIONS DEFINITIONS 9. 8.4 All charges will bear value added tax (“VAT”) which will be included in the monthly fees. SIM CARDS 8.5 Jabba Connect may change the monthly subscription fees if the third party provider of the 9.1 airtime Legislation prohibits cellular from activating SIMsubscriber. card beforeIf the prescribed changes the arates, on 7network (seven)operator days’ written notice toa the subscriber information has been provided by the subscriber. Jabba Connect will not be responsible for any does not accept changes, may cancel the cards, agreement in accordance consequences as the a result of any the delaysubscriber in the activation of the SIM including, inter alia, any with clause 14.7. damages suffered or any expenses incurred by the subscriber in this regard. 8.6 If the subscriber is a juristic person, then the person signing the agreement on behalf of the 9.2 subscriber Subject to (“the this agreement, SIM card be activated the subscription period in signatory”)each warrants thatwillhe/she is dulyforauthorised to enter intostipulated the agreement agreement. onthebehalf of the subscriber. By signing the agreement, the signatory binds him/herself as surety debtorto on of the6 subscriber unto and in SIM favour of due Jabba Connect 9.3 and If a co-principal SIM card is found be behalf faulty within months of receipt of the card, to any fault for the due andtotimeous fulfilmentofofsuch all SIM of the subscriber’s obligations to Jabba arising attributable the manufacturing card, then Jabba Connect will replace suchConnect a SIM card freeofof the charge to the subscriber; out agreement, including the payment of all charges, fees, penalties and liquidated damages. The signatory agrees that Jabba Connect may give time to, and otherwise enter into prejudice to Jabbanotify Connect’s rights against 9.4 any If a arrangement SIM card is lost,with stolentheor subscriber damaged thewithout subscriber must immediately Jabba Connect thereof the in writing, as andsurety the subscriber will remain debtor. liable to Jabba Connect for all charges incurred in respect of signatory and co-principal or through the use of such SIM card until Jabba Connect procures the suspension of such SIM card’s duetodate for the subscriber’s first payment depends on the delivery date of the equipment 8.7 The access the services. and the salary payment date supplied to Jabba Connect. If the equipment is delivered on or 9.5 before Jabba the Connect remain the owner of the MSISDNwill number (s). on the salary date of the month of 9th shall of the month, the first payment be due delivery. If the equipment is delivered after the 9th of the month, the first payment will be due 9.6 onThe must,ofon JabbatheConnect, the MSISDN number (s)agrees of the handset in thesubscriber salary date therequest monthbyafter monthfurnish of delivery. The subscriber to a monthly respect of which he has acquired services hereunder. bank account using NAEDO tracking and debit order. Jabba Connect willthe track the nominated present the instruction for payment as soon as sufficient funds are available in the nominated 9.7 bank The subscriber account. undertakes to furnish Jabba Connect with the International Mobile Identity (“IMEI”) number, being the serial number ,for the handset with which the SIM card will be used; 9. SIM CARDS 9.8 If the handset provided to the subscriber is capable of received transmissions broadcast in the course a television broadcasting service,provider the subscriber responsible which are 9.1 Inofterms of the law, a service may isnot activate fora any SIMlicence’s card before therequired subscriber fromgiven time tosome time for the use ofinformation. such handset.Jabba It is theConnect subscriber’s to ensure that has prescribed will responsibility not be responsible for any the subscriber isif inthere possession of such licences beforeofJabba Connect the handset the consequences is a delay in the activation the SIM cards,delivers including without tolimitation, subscriber and the subscriber indemnifies Jabba Connect against any losses suffered as a result any damages suffered or any expenses incurred by the subscriber in this regard. of non-compliance with this section 9. If any legislation or regulations come into force after this agreement is entered into which requires Jabbawill Connect to pay anyforlicence feesmonth relatedcontract to the useperiod. of 9.2 Subject each SIM card be activated the 24 to this agreement, the handset, such licence fees will be recovered from the subscriber. 9.3 If a SIM card has a manufacturing defect within 6 months after delivery Jabba Connect will for a SIM swop free of charge. will be for any damage SIM that the 9.9 arrange Jabba Connect will arrange with the subscriberThe for subscriber the replacement of aliable lost, stolen or damaged subscriber causes to the card. charge; card upon the payment of aSIM reasonable 9.4 If a SIM card is lost, stolen or damaged the subscriber must immediately notify Jabba Connect 9.10 byThecalling subscriber not use Customer or allow theService handseton and087 / or 310 SIM card to be for any unlawful JabbashallConnect 8880. Theused subscriber will remain purpose, not in any way which maycharges cause injury or damage to persons or ancard impairment liable to Jabba Connect for all incurred through the useorofproperty the SIM until Jabba to the network service; Connect suspends the SIM card’s access to the services. 9.5 Connectshall will not remain of the number(s). 9.11 Jabba The subscriber permitthe anyowner third party to MSISDN reverse engineer, decompile, modify or tamper with the software or the MSISDN contained in, or pertaining to any SIM card; 9.6 The subscriber must, if Jabba Connect requests, provide the International Mobile Identity (“IMEI”) number, being the serial number for the handset with which the SIM card will be used. 9.7 If the handset can receive transmissions broadcast in the course of a television broadcasting service, the subscriber is responsible for any licences which it may need to use the handset. It is the subscriber’s responsibility to ensure that the subscriber has obtained these licences before Jabba Connect delivers the handset to the subscriber and the subscriber indemnifies Jabba Connect against any losses suffered as a result of non-compliance with this section 9. If any legislation or regulations come into force after this agreement is entered into which requires Jabba Connect to pay any licence fees in connection with the use of the handset, these fees will be recovered from the subscriber and will be payable on demand. 9.8 Jabba Connect will arrange with the subscriber to replace a lost, stolen or damaged SIM card on payment of a reasonable charge of no more than R150. 10. 15. TERMINATION FEES If the subscriber is entitled to cancel the agreement or if Jabba Connect cancels the agreement due to the subscriber’s breach, the subscriber will be liable to pay to Jabba Connect the following: Termination after 5 days of the commencement date 15.1 All outstanding amounts due and payable to Jabba Connect up until the date of termination; 15.2 The full monthly instalment for the month in which the agreement is terminated; 15.3 The full amount outstanding in respect of the handset agreement for the term of the agreement; 13. LIMITATION OF LIABILITY 15.4 10% of the remaining airtime amount payable to Jabba Connect over the full period of the The subscriber thatofthe coverage available to the subscriber 9.12forIf any any event occurs which results13.1 in the subscriber no longeracknowledges being in possession the service SIM card,quality it is and 14. 16. GENERAL 9.9 The subscriber may not use or allow the handset and / or SIM card to be used unlawful TERMINATION subscription agreement. recorded that the subscriber is obliged towill comply the provisions the Regulation of Interception of from time to time the services may be be with limited to that ofprovided by the system and purpose, or in any way which may cause injury or damage to persons or property or an Communications and Provision of Communication Related Information Act 70 of 2002 (“RICA”). Handset Agreement: adversely affected by environmental factors. The subscriber agrees that he will not hold Jabba 16.1 The subscriber will not assign or in any manner make o Termination within 5 days of the commencement date impairment to the network service. agreement or any of the subscriber’s rights or obligatio Connect or any of its directors, employees or agents liable for the non-availability of the service 10. RICA 14.1 If the subscriber has been in default for at least15.5 7 business days and at least 20 businessfee days An administration and(Twenty) restocking of R500. will be entitled to cede, assign, transfer, encumber o 9.10 The subscriber may not allow any third party to reverse engineer, decompile, modify or tamper for this reason, unless grossly negligent. have elapsed since Jabba Connect sent the subscriber notice and the subscriber has not responded by or obligations in terms of the agreement to any third with the software or the MSISDN relating to any SIM card. rejecting JabbaofConnects proposals, Jabba Connect may approach a court for an order to enforce the irrevocably and unconditionally consents to a cession 10.1 The SIM card will only be activated once Subject all the details of the subscriber as required by RICAwill have 13.2 to applicable law, Jabba Connect notbeen be liable for any loss or damage any nature 16. GENERAL agreement or Jabba Connect may cancel the agreement. by Jabba Connect of all or any of its rights under the registeredofwith enforcement officer in possession of a directive issued in terms 9.11 It is the subscriber’s responsibility to at all times comply with the provisions thethe Jabba Connect. If a lawwhatsoever (Including loss of profit or any other special damages or indirect or consequential notwithstanding that such cession may be made to m of RICA approaches Jabba Connect, it is obliged by law to disclose the subscriber’s details to him/her. 16.1 If Jabba Connect institutes legal action against the subscriber to recover any monies due in terms Regulation of Interception of Communications and Provision of Communication subscriber: loss of damages) which the subscriber or any other person may14.2 sufferIf the whether as a result of some but not all of Jabba Connect’s rights; and/or may ofrepresentation the agreement, the subscriber agrees to pay attorney’s fees on against the scale as between attorney Related Information Act 70 of 2002 (“RICA”). or rights the subscriber are ceded pursuant to t 14.2.1 has made any incorrect material statement or in connection with the agreement any breach by Jabba Connect of any of its obligations to the subscriber, any interruption in the 10.2 If the SIM card is transferred to another person, other than a family member or dependant, then the such third party/ies shall be entitled to exercise all rig and client, including collection andwithtracing has anyaffairs incorrect statement orinsolvent; representation in connection the fees. or his or hermade financial or bematerial an un-rehabilitated or provision ofRICA the details services any technical problems experienced by14.2.1 the network operators subscriber must ensure that that person registers his/her with due JabbatoConnect. third party/ies was/were Jabba Connect. Should any s agreement or his or her financial affairs or be an un-rehabilitated insolvent; or or whether caused directly or indirectly by the handset or the subscriber’s thereof. Themight subscriber notConnects assign (transfer) over, or to clause or purport to assign as provided for try in this 16.1, then the Agreemen 14.2.2usedoes or suffers anything else to be 16.2 done which prejudicewill Jabba rights underor in any manner make RICA 10.3 All the other requirements of RICA must be complied with by both the subscriber and Jabba Connect. To this in favourunder of (i) each cessionary/ies, if the agreement, or or make over,prejudice the agreement or anyrights of the subscriber’s rightsagreement or obligations the such agreement. 14.2.2 does or suffers anything else to be done which might Jabba Connects must present to the courier agent of Jabba Connect, when taking acceptance of the person; and/or (ii) Jabba Connect and each such cess 10.1 The subscriber must provide all its details as required by RICA before the SIMextent card, the willsubscriber be under theoragreement, or delegate anyrights. of its rights, title finally sequestrated, then Jabba Connect will be entitled to cede, assign, transfer, encumber 14.2.3 is provisionally SIM card, following documents: not all oforJabba Connect’s 14. TERMINATION activated. If a law enforcement officer in possession of a directive issued in terms of the RICA interest or obligations in terms of the agreement to any third party at any time. 10.3.1 subscribers original greenand ID book; and approaches Jabba Connect, Jabba Connect needs to provide the subscriber’s details to The him/ The subscribers original green ID Handset book; 16.2 The subscriber consents to Jabba Connect conduct 14.3 Jabba Connect is entitled at its election and without further notice to the subscriber and without prejudice Agreement: creditworthiness using(including the information provided by The subscriber herebyandirrevocably and unconditionally consents to a cession a cession her in terms of the law. to any other right, to cancel this agreement, take16.3 back possession of the equipment claim as liquidated 10.3.2 warrants true and correct and can be 14.1ordocument If thedocument subscriber has been inof the default forolder atnotleast at least 20 of(Twenty) utility statement bill, bank statement similar defined subscriber’s, older37 business days and damages, payment the balance of all amounts still owing notwithstandingdebiti) that such not be of all or any of itssubscriber in securitatem bybalance Jabbamay Connect rights under theisAgreement in terms A utility bill,Abank or similar as definedasby RICA by of RICA the subscriber’s, not than prejudice to its other rights, if such information is inc 10.2 If the SIM card is transferred to another person, the subscriber must make sure that thatmonths, person than which 3 (three) months, identifies the subscriber’s residential orsince business address. due andand payable the time of such cancellation. (three) identifies thewhich subscriber’s residential business address. business daysorhave elapsed Jabba Connect sent the subscriber notice the atsubscriber of this clause 16.3, notwithstanding that such cession mayterminate be made to more immediately. than one person; the agreement registers his/her RICA details with Jabba Connect. has not responded by rejecting Jabba Connects proposals, Jabba Connect may approach a and/or in respect of some but not all of Jabba Connect’s rights; and/or may result in a splitting 14.4 cancel A certificate issued by a manager of Jabba Connect confirming the outstanding balance for the equipment 16.3 The agreement contains the sole and entire record court for an order to enforce the agreement or Jabba Connect may the agreement. 11. SUSPENSION OF SERVICES of claims.from If any in terms this clause 16.3 to on Ja 10.3 The subscriber must comply with all the other requirements of RICA. The subscriber must will be regarded as a prima facie proof of any amount outstanding time claims to time. or rights against the subscriber are ceded No variation to the of agreement will be binding any third party/ies, then such third party/ies shall be entitledanytoexpress exercise all rights terms of thewarranty provide copies of the following documents to the courier agent of Jabba Connect on delivery: or implied term,inrepresentation, 11.1 Jabba Connect will be entitled to 14.2 suspend Ifthethe services: subscriber: agreement or terms and conditions or created as ifJabba suchConnect third party/ies was/were Jabba Connect. If this cession result in a splitting by op 14.5 In the event of the subscriber being in arrears by 3 (three)agreement or more months, shall be entitled 11.1.1 duringduring any technical failure,failure, modification or maintenance the of system; or material any technical modification the system; or 10.3.1. The subscriber’s original green ID book; and 14.2.1. hasor maintenance madeofany incorrect statement or representation connection extension will of time which either party (“the and grantor”) m toinhard lock the SIMwith card. of claims as provided for in this clause 16.3, then the agreement constitute a separate way prejudice the grantor or preclude the grantor from the agreement or his or her financial affairs or be an un-rehabilitated insolvent; or severable agreement in favour of (i) each such cessionary/ies, if such cession is made to more RICA ofif the thesubscriber 10.3.2. A utility bill, bank statement or similar document as defined by 11.1.2 Airtime Agreement: fails tofails comply with any the of terms and conditions of the of agreement after being 11.1.2 if the subscriber to comply withof any the terms and conditions the agreement after than one person; and/or (ii) Jabba Connect and each16.4 such Itcessionary, if such of subscriber’s, not older than 3 (three) months, which identifies the subscriber’s notifiedbeing in terms of the applicable or suffers anything else to be done which might prejudice Jabba Connects notified in terms of14.2.2. thelegislation. applicabledoes legislation. is recorded that Jabbacession Connectisis made not responsible fo any issued but notto all of Jabbawhere Connect’s rights. residential or business address. and should the subscriber wish to procure insurance, th rights under the agreement, or 14.6 Jabba Connect reserves the right to hard lock the SIM card a subscriber a subscriber is 11.2 Despite any suspension of the services in terms of clause 11.1, the subscriber will remain liable to Jabba 14.2.3. provisionally or finally sequestrated, then Connect for all amounts charged in accordance with theisagreement. in material breach of the agreement and fails to remedy the breach despite demand and/or request calling 16.4 The subscriber consents that Jabba Connect on him/her to do so. the subscriber’s handset or the use thereof. 15.5 An administration and restocking fee of R500. JABBA CONNECT T&C 07/2013 may investigate the subscriber’s creditworthiness 16.5 The subscriber agrees that an electronically scanned using the subscriber’s information. The subscriber warrants constitute that all information is true correct sufficient evidence of itsand content and signatu eventsubscriber that the subscriber of his/her account, then: Jabba Connect is entitled at its election and without further 14.7 noticeIntothe the and is in arrears with the payment and that Jabba Connect can rely on it. The law may also provide other remedies to Jabba Connect 12. WARRANTY AND RETURN 11.1 Jabba Connect may suspend the services: without prejudice to any other right, to cancel this agreement, take 14.7.1 back possession of shall the be entitled to soft lock thebutSIMif card Jabba Connect immediately to the information is incorrect, Jabba Connect can16.6 cancelJabba the Connect agreement. chooses as its domicilium citandi et exe 14.7.1 Connect calls shall being be entitled softif lock the SIM card to preventJabba any outbound made,toand the subscriber hasimmediately either: claim liquidated payment of the balance of all amounts still owing 11.1.1. during any technical failure, modification or maintenance of the system; in the agreement. The subscriber chooses his work ad 12.1 If or the handset fails due to a manufacturingequipment defect within 6and months fromasdate of receipt,damages, the subscriber must prevent any outbound calls being made, and if the The subscriber has either: 16.5 agreement contains the whole agreement between thedomicilium. parties. No change to change the agreement notwithstanding that such balanceAnymay not be duehasand payable at the time188.8.131.52 of such cancellation. Either party may their domicilium u contact the Jabba Connect call centre on 087 310 8880 to report the problem. handset which not paid his/her account for 1 (one) month, or; 11.1.2. if the subscriber is in breach of the agreement, including but not limitedfailed to otherby address SouthorAfrica that is not a post box beor;binding on Jabba Connect. No party will be bound any within express implied term, due to a manufacturing defect and which is not returned within 6 months will not be assessed for 184.108.40.206 not paid his/her account for 1 (one) will month, payment in terms of the agreement, after being notified in terms of thereplacement applicablebyJabba Connect. 14.3 A certificate a manager of Jabba Connect for the Jabba Connect reserves issued the rightby to determine the cause of failure of the confirming the outstanding 220.127.116.11balance has already once been soft locked duringrepresentation, the currency of thewarranty, initial periodpromise or the extension or the like if it is not recorded in the agreement or terms and handset and not to replace the handset if the failure is notwill duebe to regarded a manufacturing law. equipment as adefect. prima facie (on the face of it) proof of any 18.104.22.168 amount period, outstanding 16.7 The subscriber hereby acknowledges and agrees has then already once been soft lockedconditions during the currency of the initial period or the or created by operation of law. No indulgence, leniency or extension of time which that a provided by Jabba Connect to the subscriber and pay from time to time. extension then to hard lock theeither party (“the grantor”) may or show to the other, will in any way prejudice the grantor or 14.7.2 Jabba Connect shallperiod, be entitled SIM card to prevent both inbound andgrant outbound 11.2 If Jabba Connect suspends the service in terms of clause 11.1.2, Jabba Connect may without by the subscriber in terms of the agreement will be d 12.2 Any handset supplied by Jabba Connect to the subscriber may also be subject to the manufacturer’s warranty, thecard grantor fromboth exercising any of its right s in theatfuture. 14.7.2 calls. Connect shall be entitled to hardpreclude lock the SIM to prevent inbound and prejudice to any of its other rights in law disconnect the subscriber and/or the SIM which card from 14.4 In the eventfrom of the subscriber being arrearscovers by 3 (three) or more months, JabbaJabba Connect Jabba Connect chosen domicilium. The subscriber unless the amended by the manufacturer, is usually the date of acquisition andinnormally deny, question or dispute that the whole cause of any defectivemeans handsets as result of a faulty design, workmanship proved that such equipment has network and/or render the handset (or any component thereof) inoperable by whatever maymanufacture hard lockor the SIM card. 16.6 Jabba Connect chooses as its domicilium citandi et executandi (“domicilium”) (this iscourtthewhich has within the jurisdiction of the Magistrates not been misused, over-loaded, modified, tampered with or repaired by an unauthorised party. Should Jabba General: and hard lock the SIM card. chosen address where any notices and/or court documentation will be domicilium. received) the address set out Connect accept the handset for repairs and maintenance it will do so as agent on behalf of the manufacturer Subscriber Agreement: only and will not be liable for any loss, damage, destruction, theft or negligent workmanship howsoever or thecancel agreement. The onsubscriber chooses his work address provided to Jabba Connect as his 11.3 Despite any suspension of the services in terms of clause 11.1, the subscriber will remain liable If the ifcharge increase as is perinclause 8.6, the subscriberinmay the agreement 7 days’ notice to by whomsoever caused. 14.5 Jabba Connect may cancel the agreement and hard lock the 14.8 SIM card a subscriber In terms notice of section the Electronic domicilium. Either party may change their domicilium 16.8 upon written to 45 theofother party toCommunicatio any Jabba Connect; to Jabba Connect for all amounts charged in accordance with the agreement. material breach of the agreement and fails to remedy the breach despite demand and/or other address within South Africa that is not a post box. subscriber understands that he/she has the option to 12.3 If the subscriber needs to pay for any repairs, Jabba Connect will firstly obtain to a quote from the manufacturer Jabba Connect for commercial and marketing commu request calling on him/her do so. 14.9 In the event of the subscriber suffering death, disability or retrenchment, Jabba Connect will at its discretion WARRANTY AND RETURN or its agent and any repairs will only commence once the subscriber has accepted the quote. The subscriber acknowledges only upon the request by the subscriber or16.7 his/her executor or assignedhereby representative, be entitled and to agrees that acceptance of the agreement, the services 14.6 If the subscriber is in arrears with the payment of his/her account, then:and 16.9 The be construed interpreted acco terminate the Agreement with no further obligations of the subscriber.by Jabba Connect to the subscriber and payment provided of Agreement all monieswilldue to JabbaandConnect 12.1 Subject to this clause 12 if the handset fails to operate due to an electrical, mechanical or 12.4 Any handset returned in terms of this clause 12 Connect must be returned and lock must the not have been misused, Jabba Connect instructand/or its attorneys to enforce its rights Jabba may soft SIM card immediately to prevent any outbound calls being by the subscriber in terms of the agreement will be deemed to take place be rendered electronic failure through no fault of the subscriber, the subscriber must contact Jabba Connect over-loaded, modified, tampered with or repaired by an unauthorised party. Should the handset have been subscriber, the subscriber will be liable for and will pay and if bythean subscriber has Jabba either:Connect reserves at Jabba Connect chosen domicilium. The subscriber waives he/she may have to 15. TERMINATION FEES Customer Service on 087 310 8880 to report the problem. Jabba Connect reserves theover-loaded, right modified, tampered made, misused, with or repaired unauthorised party, ownany clientright scale that including any collection commission in the right not to replace the handset or procure that the handset is repaired by the manufacturer and will not deny, question or dispute that the whole cause of any action arising from the agreement arose to determine the cause of failure of the handset. 14.6.1 not paid his/her account for 1 (one) month, or be liable to any person for the failure of the handset. If the consumer is entitled to terminate the Agreement, the subscriber will be liable to pay Jabba Connect the within the jurisdiction of the Magistrates court which has jurisdiction in respect of Jabba Connect’s 12.2 If the handset fails due to an “out of box” failure, meaning a handset that fails to operate due 14.6.2 has already once been soft locked during the currencyfollowing of the costs: initial period or the chosen domicilium. to an electrical, mechanical or electronic failure within 7 days of delivery, the subscriber must extension period, then Jabba Connect shall be entitled to hard lock the SIM card to Termination after 5 days of the commencement date OF LIABILITY 16.8 In terms of section 45 of the Electronic Communications and Transactions Act 25 of 2002, the report the faulty handset within the 7 days as well as arrange for the13. returnLIMITATION of the equipment prevent both inbound and outbound calls. subscriber understands that he/she has the option to opt out of any mailing list maintained by within the 7 days from date of delivery in the original box, together with 13.1 all theTheaccessories 15.1 All outstanding amounts due and payable to Jabba Connect up until the date of termination; Subscriber acknowledges that the service quality and coverage available to the subscriber will be limited General: Jabba Connect for commercial and marketing communications (handset, battery, original charger, original antenna, manual and other accessories to that normally provided by the system and from time to time the services may be adversely affected by environmental 15.2 The full monthly instalment for the month in which the agreement is terminated; included in the box) in the box received and together with packaging. The IMEI onfactors. the box Themust subscriber agrees that14.7 he will not hold Jabba Connect or any ofas its per directors, employees agents If the charge increases clause 8.5 ,orthe subscriber may cancel the agreement on 7 16.9 The agreement will be construed and interpreted according to the laws of South Africa. Should liable for the non-availability of the service for this reason, unless grossly negligent. match the IMEI on the handset. Jabba Connect will not be able to claim from the manufacturer 15.3 The full amount outstanding in respect of the Handset Agreement for the term of the contract; days’ notice to Jabba Connect. Jabba Connect instruct its attorneys to enforce its rights hereunder or to institute action against the if the subscriber does not act in terms of this clause 12.2, in which event the subscriber will be subscriber, the subscriber willofbe 15.4 10% ofwilltheatremaining airtime amount payable to Jabba Connect over the full period theliable airtimefor and will pay on demand all legal costs on attorney and 13.2 Subject to applicable law, Jabba Connect will not be liable under any circumstances for any loss or damage 14.8 If the subscriber suffering death, disability or retrenchment, Jabba Connect its discretion liable to Jabba Connect for any damages suffered. agreement. own client scale including any collection commission incurred by Jabba Connect. of any nature whatsoever (Including loss of profit or any other special damages or indirect or consequential andother onlyperson uponmay thesuffer request byasthea result subscriber or his/her executor or assigned representative, be loss of damages) which the subscriber or any whether of any breach by 12.3 The handset will be subject to the manufacturer’s warranty for the period stipulated by the within 5 days of the commencement date entitled to terminate the inagreement further the subscriber. Jabba Connect of any of its obligations to the subscriber, any interruption the provision with of theno services dueobligations onTermination manufacturer, and normally covers defective handsets as result of a faulty design,tomanufacture any technical problems experienced by the network operators or whether caused directly or indirectly by 11. SUSPENSION OF SERVICES 12. or workmanship, unless the equipment has been misused, over-loaded, modified, tampered with or repaired by an unauthorised party. 12.4 Any handset returned in terms of this clause 12 must be returned and must not have been misused, over-loaded, modified, tampered with or repaired by an unauthorised party. If the handset has been misused, over-loaded, modified, tampered with or repaired by an unauthorised party, or should the subscriber cause any damage to the equipment, the manufacturer’s warranty will not apply and the subscriber will be liable for any costs as a result of its actions.
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