4. NATIONAL CREDIT ACT 34 OF 2005 (NCA) 5. COMMENCEMENT AND DURATION

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 time14.7.1.1
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
14.7.1.1
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
14.7.1.2balance
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 14.7.1.2
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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