FNB Connect SIM Card Terms and Conditions

FNB Connect Subscriber Contract Terms and Conditions

FNB Connect Products and Services Terms and Conditions

FNB Connect Subscriber Contract Terms and Conditions

1. Our Agreement

1.1. This Agreement sets out the terms and conditions that apply between FNB Connect and

you, for your use of our Network Services.

1.2. Please read this Agreement carefully. Use of the Services will constitute your agreement

to comply with the terms and conditions of this Agreement. If you do not agree with the

terms and conditions of this Agreement, please do not use these services.

1.3. Please pay special attention to clauses in bold in this Agreement, as these

clauses:

1.3.1. may contain assumptions of risk and/or liability for you and places

obligations and legal responsibilities on you;

1.3.2. may contain clauses which limits and excludes your rights and

remedies against FNB Connect and may compel you to indemnify FNB

Connect;

1.3.3. serve as an acknowledgement of fact by you;

1.3.4. may limit and exclude risk, liabilities, obligations and legal

responsibilities which FNB Connect will have towards you and other

persons; and

1.3.5. may result in you being responsible for paying additional costs and

amounts and FNB Connect may also have claims and other rights

against you.

1.4. You will be requesting that we give you access to the Service and the Network in the

terms of this Agreement, when you:

1.4.1. offer to purchase any FNB Connect Products or Services from us, whether

on our Website or through any of our channels (electronically or otherwise);

1.4.2. obtain a Quotation and these terms and conditions;

1.4.3. purchase and/or obtain a SIM Card and insert the SIM Card into your Mobile

Device;

1.4.4. enter your PIN and request us to activate your SIM on the Network;

1.4.5. request a Port-In or a SIM Swap;

1.4.6. give us authority to debit your nominated transactional bank account; or

1.4.7. use the Network other than for emergency calls or calls to our customer

services department.

1.5. You must ensure that you read all the terms and conditions applicable to the Services

you select. Accordingly, please ensure that you read the general terms and conditions together

with either the Postpaid or Top up/Hybrid Contract and any value added services which may be

applicable to you. As FNB Connect reserves the right to amend, at any time and from time to

time, its Products, Services, rates and rules relating to its Products and Services, with notice to

you, it is your obligation to review such terms and conditions on a regular basis.

1.6. If you are not yet 18 (eighteen) years of age, your parent or guardian will need to assist

you in entering into this Agreement.

1.7. You agree that all communications between us and you will be in English.

2. Definitions

The following words used in this Agreement shall have the following meanings:

2.1. “Account in Good Standing” means that your account is not in Arrears. The term

“Account not in Good Standing” means that your account is in Arrears;

2.2. “Activation” means the enablement of a SIM Card, in accordance with the RICA

provisions, to access and operate on the Network in terms of this Agreement. In terms of

a Port-In, “activation” means the activation of the SIM Card after porting your Phone

Number from another mobile service provider to FNB Connect. The word “Activate” and

“Activating” has a corresponding meaning;

2.3. “Activation Fee” means the once-off fee, payable by you, for each connection of a SIM

Card to the Network;

2.4. “Active Customer” means that the Customer has made or received calls, SMSs, used

Data or used any chargeable services in the last 90 (ninety) days;

2.5. “Agreement” means these terms and conditions that apply to Customers, the Quotation,

the Tariff Plan terms and conditions and any terms and conditions relating to our

Products and Services including value added services, our tariffs and any additional

terms and conditions referred to herein or placed on our Website from time to time;

2.6. “Airtime” means the paid value which is displayed as a Rand value, when loaded onto

your Phone Number;

2.7. “Airtime Advance” means a service that allows qualifying Customers to continue

making calls, consuming Data and/or sending SMS even when their airtime balance is

zero;

2.8. “Airtime Transfer” means a service that allows FNB Connect Prepaid and FNB

Connect Top Up Customers to transfer a portion of their airtime to another FNB Connect

Prepaid or Top Up Customer;

2.9. “Application Process” means your request for a Quotation to access the Products or

Services (as applicable), electronically or otherwise;

2.10. “Arrears” means that your account is overdue for 1 (one) day or more;

2.11. “Bill” means the tax invoices and/or statements of account that we send to you which

details the Charges that you owe us;

2.12. “Business Days” means all days, excluding Sundays and official public holidays in

South Africa. Where any provision of this Agreement refers to Business Days, this will

be calculated by excluding the first business day and including the last business day;

2.13. “Cancellation Fee” means a reasonable fee which we may charge you for the

premature termination of your Agreement;

2.14. “Charges” means the charges published by us from time to time, including any charges

you must pay for using the Network Services, including but not limited to, delivery

charges, SIM Card charges, Activation Fees (including reactivation), Monthly

Subscription, Usage Charges, Value Added Services Charges, SIM Swap charges, Port-

In charges, and any other charges due by you in terms of any services provided to you

such as international roaming;

2.15. “Contract” means the Services and/or Products we provide and you use, which

Services and/or Products are billed to you in arrears and/or in advance on a regular

basis, usually monthly and include Postpaid and Top Up Contracts;

2.16. “Customer” means any natural person, who is a South African citizen, with a

Qualifying FNB Connect Banking Account who subscribes to this Agreement for

access to the Network Services, in accordance with the terms and conditions of this

Agreement and who is liable for all Charges incurred;

2.17. “Customer Services” means the FNB Connect customer services department which

you can contact by dialling 0875750147 (free from your FNB Phone Number or billed at

standard rates from a non-FNB Connect phone number), by dialling 147 (free from your

Phone Number) or sending an email to connecthelp@fnb.co.za;

2.18. “Data” means data services or data information transmitted using the network, which is

available in predetermined bundle sizes as part of the Services and is measured in

increments (kilobytes, megabytes or gigabytes or part thereof), as advised by FNB

Connect in accordance with your Tariff Plan;

2.19. “ID” means your South African green bar-coded identity document or smart card, a

temporary ID, or your South African passport;

2.20. “Inclusive Value” means the monthly bundled value of voice minutes, Data and SMSs

that allows you to make calls, send SMSs, send MMSs and/or use Data, as part of your

Tariff Plan. For the avoidance of doubt, this excludes the costs defined as Charges;

2.21. “Initial Period” means the duration of your Contract, as detailed in your Application

Process, which begins on the Commencement Date;

2.22. “Intellectual Property” means collectively, the patents, copyrights (and moral rights),

trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks,

knowhow, trade secrets and any other type of intellectual property (whether registered

or unregistered including applications for and rights to obtain or use same) which are

owned by, licensed to, used and/or held (whether or not currently) by us on or in

connection with our Website or our Services or the Network;

2.23. “International Roaming” means that when you use the Network Services outside the

borders of South Africa, you will use the network of electronic communications

international roaming partners of FNB Connect;

2.24. “International Roaming charges” means the charges you will be responsible for upon

your use of the Services, including all incoming and outgoing calls, SMSs and Data

charges incurred when you activate International Roaming. All such charges will include

the foreign network charges as well as South African roaming charges. These charges

are not included in your Monthly Subscription;

2.25. “Internet Services” means the wireless internet services that we and/or a third party

provider may provide to you;

2.26. “Law/Laws” means all laws that are applicable to us, you, the Services, the Network

and/or the Products or their use, including, but not limited to, any regulation, legislation

and subordinate legislation published from time to time; any applicable industry code,

policy or standard enforceable by law; and any applicable direction, rule,

pronouncement, policy or order that is given by a regulator;

2.27. “Message” means an SMS, MMS or email;

2.28. “Migrate” means when you move from or between one FNB Connect Tariff

Plan/Package to another FNB Connect Tariff Plan/Package;

2.29. “MMS” means a multimedia communication comprising text and pictures;

2.30. “Mobile Device/Device” means any mobile device/s that you may use to access the

Services, including a phone, modem used to access Internet Services and a tablet;

2.31. “Monthly Amount” means the minimum amount that you must pay us every month,

which includes the Monthly Subscription and any bundles purchased through the

available Subscription Limit;

2.32. “Monthly Subscription” means the minimum monthly subscription amount that you

agree to pay us every month in terms of your Contract, which includes the Inclusive

Value, as well as services subscribed to by you such as itemised billing and caller line

identity (CLI), allocated to you in terms of your Contract. This excludes any Usage

Charges or other benefits purchased by you or given to you as a result of a promotion/s

run by us at any time;

2.33. “Network” means the electronic communications network and/or the wireless platform

for internet services in South Africa and internationally that allows you to receive or use

the Services;

2.34. “Network Operator” means our partnered network operators/service providers,

licensed by ICASA to operate a Network in South Africa;

2.35. “Network Services” means the network services and any other related services made

available to Customers by FNB Connect in terms of this Agreement, which includes but

is not limited to the Services, International Roaming and Value Added Services;

2.36. “Out of Bundle” means the rates at which usage related to voice, Data and SMS is

charged, when the Inclusive Value or prepaid bundle is fully depleted;

2.37. “Package” means the range of FNB Connect Postpaid Contract Tariff Plans, FNB

Connect Top Up Tariff Plans, FNB Connect Flexi plan and FNB Connect Prepaid

offering;

2.38. “Phone Number” means the unique ten digit mobile number assigned to your SIM Card

by FNB Connect or the Phone Number you Port-In with;

2.39. “PIN” means the default personal identification number that we may give you to access

the Services, including Self-Services. You must change this PIN to your own

personalised PIN;

2.40. “Port-In/Port Out” means when you ask us if you can become our customer and bring

your Phone Number with you from another Network Operator or when you leave us and

take your Phone Number with you to another Network Operator respectively;

2.41. “Postpaid Contract” / “Contract” means an FNB Connect contract where you pay a

Monthly Subscription to us and we allow you to use the Services and Bill you monthly in

arrears;

2.42. “Prepaid” means when you purchase a selected amount Airtime, SMS or Data bundles

(“Usage”) from us in advance and we allow you to use the Services up until such time as

Usage is depleted or expired or you Recharge;

2.43. “Product/s” means the products that we may offer from time to time in connection with

the Service, including, but not limited to, Airtime, Bundles, Contracts, Data, MMS, Mobile

Devices, Prepaid, Recharges, SIM Cards, Starter Packs, or SMS;

2.44. “Proof of Address” means a document that shows your name and home address, such

as a bank statement, municipal rates, phone or retail account, TV or car licence, current

lease agreement, rental or credit agreement or an insurance policy, or, if you have none

of these and you live in an informal settlement, a letter or affidavit, which must not be

older than 3 (three) months;

2.45. “Qualifying FNB Connect Banking Account” means an individual’s FNB Cheque

account (FNB Gold Cheque Account, FNB Platinum Cheque Account, FNB Staff

Cheque Account, FNB Private Wealth Cheque Account, FNB One Account, FNB Islamic

Cheque Account, FNB Encore Platinum Cheque Account, FNB Private Clients Cheque

Account, RMB Private Bank Cheque Account, RMB Private Bank Signet Cheque

Account and FNB Private Wealth Signet Cheque Account). This list may change from

time to time. For the avoidance of doubt, this excludes joint and single structure d facility

account, FNB Credit card, FNB Savings account, FNB Investment accounts and FNB

revolving credit account;

2.46. “Quotation” is our document containing key information regarding your agreement with

us, including but not limited to, your contract information, your key personal information

as it will appear on your account, information about your SIM Card and details about the

Tariff Plan you have chosen, and any payment terms;

2.47. “Recharge” means when you top up your account by buying and loading Airtime and/or

SMS and/or Data to access our Services by buying an electronic Recharge voucher; via

a virtual vendor; via the Self-Services; and/or via a debit order, an ATM, internet banking

and/or credit card. The word “Top Up” will have a similar meaning;

2.48. “Renewal Period” means the month-to-month period in which your Contract will

continue after the Initial Period has ended;

2.49. “Regulatory Authority” means the Independent Communications Authority of South

Africa (ICASA) and any subsequent or replacement regulatory body;

2.50. “RICA” means the Regulation of Interception of Communications and Provision of

Communication Related Information Act 70 of 2000, as amended and any regulations

thereto;

2.51. “Self-Service” means the self-care services available from us from time to time, which

includes but is not limited to FNB’s electronic channels;

2.52. “Service/s” means the digital electronic communications service, internet services and

other electronic communications services that we and any third party provider/s provides

to you over the Network from time to time and all associated services thereto;

2.53. “SIM Card” means the Subscriber Identity Module card containing your Phone Number

and which is registered and programmed to allow you access to our Service over the

Network;

2.54. “SIM Swap” means the process whereby you request a new SIM Card from FNB

Connect, to replace your existing SIM Card which may be faulty or lost. Your Phone

Number will remain unaffected;

2.55. “SMS” means a short message service or text communication;

2.56. “South Africa” means the Republic of South Africa;

2.57. “Subscription Credit Limit” means the maximum credit that we will apply to your

Contract, which is based on your creditworthiness;

2.58. “Subscription Limit”/“SIM Limit” means the maximum amount that the Customer can

be billed in a month, which will be set by the Customer, is over and above the Monthly

Subscription and which will not exceed the Customer’s Subscription Credit Limit;

2.59. “Tariff Plans” means the various types of tariff (costs) plans for the FNB Connect

Prepaid, Top Up or Postpaid Contract that you choose. Our Tariff Plans are published

on our Website;

2.60. “Top Up Contract” means a contract where you pay a Monthly Subscription to us, and,

once you have reached your Subscription Limit, you must Recharge or Top Up with

prepaid vouchers in order to use our Services;

2.61. “Usage Charges” means the charges for the use of the Network Services which

exceeds the Inclusive Value and are generally charged at an Out of Bundle rate and/or

at a premium rate (for premium-rated services);

2.62. “VAT” means value-added tax, as envisaged in the Value Added Tax Act, 89 of 1991, as

amended;

2.63. “Value Added Services Charges” means itemised billing charges, caller line identity

(CLI) charges, all premium-rated service charges and any other charges which do not

form part of the Customer’s Inclusive Value which FNB Connect deems a value added

service;

2.64. “We/us/our/FNB Connect” means FirstRand Bank Limited (Registration Number:

1929/001225/06) (VAT Registration Number: 4210102051) its affiliates, subsidiaries or

its successors-in-title;

2.65. “Website” means www.fnb.co.za;

2.66. “Writing” or “written” may include notices by SMS (sent to a Mobile Device) only when

it is sent from FNB Connect to you. It also includes an e-mail sent by FNB Connect to

you, or a voice call recorded by an official FNB Connect call centre; and

2.67. “You/Your” means you, the Customer, who applies for access to and receives our

Services.

3. Commencement and Duration of this Agreement

3.1. This Agreement will commence on the date that we Activate your SIM Card on the

Network.

3.2. This Agreement will, subject to the terms and conditions of this Agreement, continue for

the duration of the Initial Period.

3.3. In accordance with the Consumer Protection Act, FNB Connect will provide you with

notice, at least 40 (forty days) but no more than 80 (eighty) days, of:

3.3.1. the impending end date of your Contract’s Initial Period;

3.3.2. any material changes which may be applicable if the Contract continues on a

month-to-month basis or is renewed; and

3.3.3. your options to terminate the Contract at the end of the Initial Period or the

during the Renewal Period (as applicable).

3.4. If you do not renew your Contract after the Initial Period, your Contract will continue on a

month-to month basis (the Renewal Period).

3.5. In accordance with the Electronic Communications and Transactions Act, No. 25 of

2002 and clause 10.24 below, you may cancel this Agreement within 7 (seven) days

after the date of purchase or after the date of delivery (whichever occurs later).

3.6. Upon delivery to you of the SIM Card, all risk for loss, damage, theft and liability

will pass to you.

4. Credit Vetting and Subscription Credit Limit

4.1. You will need to pass a credit check and meet out internal credit vetting criteria in order

for us to agree to give you a Contract. By applying for a Contract, you consent to us

conducting a credit check and you agree to provide us with such information and

documents that we request.

4.2. You may have to pay an Activation Fee in order to become a Contract Customer. You

will also be liable for Value Added Services Charges such as itemized billing, caller line

identity (CLI). Customers may unsubscribe from certain charges which are not

mandatory.

4.3. The Subscription Credit Limit that we place on your Contract will apply to all Services

subscribed to by you and will be an amount that we consider appropriate in our sole

discretion. You may not exceed this Subscription Credit Limit, unless you make an

application to us in this regard.

4.4. If you want to change your Tariff Plan or increase your Subscription Credit Limit, we may

conduct credit checks on you again.

4.5. We have the sole discretion to decide whether to grant you a Contract and/or increase

your Subscription Credit Limit.

4.6. From your approved Subscription Credit Limit, you may select a monthly Subscription

Limit, which is over and above your billed Monthly Subscription, applicable to FNB

Connect Postpaid Contracts only. You may not incur any expense over and above this

Subscription Limit. You may monitor your usage and monthly Subscription Limit via the

Self-Service Channels or by contacting Customer Services. Once you reach your

maximum Subscription Limit, you will have to Recharge (applicable to FNB Connect Top

Up and FNB Connect Flexi Customers) or contact Customer Services in order to

continue using the service.

5. Use of the Network Services

5.1. We will take all reasonable steps to make the Services and Products available to you at

all times, in accordance with this Agreement.

5.2. Although we will take all reasonable measures to ensure that our Services and Products

are available to you on a consistent and continuous basis, we cannot always guarantee

a fault-free continuous service. The quality and availability of the Services may

sometimes be affected by factors such as bad weather, functionality of your Mobile

Device, the number of other Network users trying to use the Network at the same time,

weak signals, Network coverage, bandwidth capacity, technology speeds and faults in

other networks.

5.3. The Network and the Service may need upgrading, maintenance or other work from time

to time, which may result in interruptions or unavailability, which we may not be able to

do anything about. We will take reasonable steps to advise you in advance of such

interruptions or unavailability.

5.4. Your obligations in terms of this Agreement include:

5.4.1. complying with and not breaching any applicable Laws;

5.4.2. only using the Service and/or Network for lawful purposes and

consumer use only. This means that:

5.4.2.1. you may not use the Network Services for commercial use

(commercial use includes, but is not limited to the intention

of promoting, enabling, subscribing to, selling (directly or

indirectly) the goods, services or image of any person

pursuing a commercial, industrial, craft, religious, charitable

or political activity, exercising a regulated profession or

payphone usage);

5.4.2.2. you will not abuse the Services and/or Network or knowingly

or carelessly allowing any other person to do so. Examples

of unlawful or abusive use include, but are not limited to,

SIM farming, server hosting, least cost routing, intelligent

routing devices, bulk calling services, bulk messaging

services, infringing another person's rights, defaming

another person, doing anything which may reasonably be

considered to be offensive, abusive, discriminatory, indecent

or a nuisance, sending spam, hacking, phishing or

transmitting anything which contains viruses or other

software, code, programmes or files which may damage any

software or equipment;

5.4.3. only using the Service with approved Products;

5.4.4. not selling, re-selling or in any way making our Services, Products

and/or our Tariff Plan available to others nor commercially exploiting

the Services in any way whatsoever; and

5.4.5. advising your next of kin that in the event of your death, they are

responsible for informing FNB Connect immediately. The estate will be

liable for all Charges incurred.

5.5. We may refuse, at our sole discretion, to provide you with Services and/or Products, if

you do not qualify, do not meet our credit vetting and/or other criteria or if you fail to pay

the required deposit (if applicable).

5.6. RICA:

5.6.1. In order for us to provide the Network Services to you, you must

register with us in terms of RICA and provide all necessary required

documentation and information, which includes:

5.6.1.1. your original ID (as defined above);

5.6.1.2. a certified copy of your original ID; and

5.6.1.3. a certified copy of your Proof of Address.

5.6.2. You understand and acknowledge that failure to comply with clause 5.6.1

above will result in FNB Connect not Activating your SIM Card.

5.6.3. We will provide you with the use of a Phone Number upon your registration

in terms of RICA and activation of your SIM Card or allow you to use your

existing Phone Number should you Port-In.

5.6.4. In certain instances, as prescribed by RICA, we may be required to

intercept, block, filter, read, delete, disclose and use your

communications sent or posted via the Network.

5.6.5. We may be required to disclose the information relating to you to a law

enforcement officer on receipt of a directive issued in terms of RICA.

5.6.6. You must immediately report any loss, theft or destruction of your SIM

Card and/or a Mobile Device to FNB Connect as well as to the South

African Police Services (SAPS), otherwise you will be committing an

offence and will be liable for a fine or imprisonment. Further, in terms

of clause 11.5 below, you will be liable for all Charges incurred until

such time.

5.6.7. Should you transfer your SIM Card to another person (other than a family

member or a dependent of yours), then you must register the details of that

person with us in terms of RICA, or you will be liable for a fine or

imprisonment. The person (other than a family member or a dependent of

yours) taking ownership of the SIM Card must also meet the minimum

requirements as detailed in this Agreement.

5.7. We reserve the right to change, withdraw, suspend or re-assign your Phone Number, if

we are obliged to do so by ICASA or Law, upon notice to you.

5.8. SIM Card/s:

5.8.1. You acknowledge and agree that no right, title or interest in the software

contained in each SIM Card or software contained in the Phone Number

vests in you or will vest in you. FNB Connect does recognise that you will

retain the use of your Phone Number in the event that you choose to Port

Out your Phone Number.

5.8.2. You are advised to only Activate your SIM Card once it has been

delivered to you. Should you Activate the SIM Card before it has been

delivered to you, you shall be held liable for any Charges incurred

associated with the SIM Card. Please note that you must present your

ID and provide a copy of your ID to the delivery company, in order to

receive your delivered SIM Card.

5.8.3. We do not warrant the SIM Card which is damaged due to water or physical

alteration (intentionally or negligently). FNB Connect reserves the right to

investigate any damage and will advise the Customer of their rights (if any).

5.8.4. You must keep your SIM Card safe and only use it to access our Services. If

your SIM Card is lost, stolen or damaged, you must immediately block

the SIM Card. You may request a replacement SIM Card (SIM Swap). We

may require you to pay a fee for the new SIM Card and the SIM Swap

process.

5.8.5. You will be liable for all charges relating to use of your SIM if it has

been lost or stolen, until the time that you notify us that you have lost

the SIM or that it has been stolen.

5.8.6. You agree to only use your SIM Card with Mobile Devices approved by the

Regulatory

Authority.

5.8.7. You warrant that you will not modify, decompile, reverse engineer or

tamper with the software contained in or relating to the SIM Card.

5.9. You may purchase a Mobile Device from us and we may allow you to pay for a Mobile

Device in monthly repayments. Mobile Devices purchases and payments are governed

by the FNB Terms and Conditions for Smart Devices. Please visit www.fnb.co.za to view

these terms and conditions.

5.10. Mobile Number Portability

5.10.1. You agree and understand that when you Port-In to this Contract, you

will forfeit (that is, lose) any airtime value (inclusive of data and SMS),

your voicemail messages, any third party services, any service credits

provided to you by any other network provider or service provider.

These values and services are not transferable to us or refundable to

you when you Port-In. You will only have access to our Services as

provided for and defined in this Agreement.

5.10.2. You acknowledge and accept that in the event that you Port-Out, any

unused Inclusive Value, Airtime, SMS and/or Data bundles, Services

and voicemail messages will be forfeited (that is, lost). You are advised

to use all your Inclusive Value, Airtime, Data, SMS and/or promotional

credits (the “unused value”) before you Port-Out. FNB Connect will not

refund you for any unused value which you have forfeited as a result of

your decision to Port-Out.

5.10.3. Please note that should you have any International Roaming charges

which are outstanding, you will not be able to Port-Out.

5.10.4. You agree and understand that when you decide to Port-In to FNB

Connect, you have to pay all outstanding amounts due to the network

provider or service provider you are porting from. We are not

responsible for paying any amounts owing by you to the network

provider or service provider from which you requested a Port-Out.

5.10.5. You agree and understand that you remain liable to pay all amounts

due to us in the event that you Port Out.

5.10.6. In the event that you Port-Out your Phone Number, the provisions of the

Mobile Number Portability Regulations will apply.

6. Tariff Plans

6.1. Your Contract may include Inclusive Values of voice minutes, Data and SMSs, per

month. This Inclusive Value will form part of your Monthly Subscription. Where your use

of the Network Services exceeds the Inclusive Value, the following rules apply:

6.1.1. Top Up Contract Customers must purchase additional airtime, Data bundles

and/or SMS bundles, in order to continue using the Network Services;

6.1.2. Postpaid Contract Customers will be billed at the applicable Out of Bundle

rate, for use of the Network Services, until the next month when you will

receive your monthly Inclusive Value.

6.2. There are various rules, terms and conditions relating to the Inclusive Value and

bundles, which include, but are not limited to:

6.2.1. the value of voice minutes, SMSs and Data you will receive. This may be

pro-rated in the first month of your Contract, depending on the date on which

your SIM Card is Activated;

6.2.2. the type of calls you can make using the Inclusive Value voice minutes,

whether this may be used for national and/or international calls, whether this

applies to calls made to Customers on the Network or to other networks and

whether this applies to premium-rated calls;

6.2.3. the type of SMSs you can send using the Inclusive Value of SMSs, whether

this may be used for national and/or international SMSs, whether this applies

to SMSs sent to Customers on the Network or to other networks and whether

this applies to premium-rated SMSs;

6.2.4. whether you can use the Data nationally and/or for International Roaming;

6.2.5. whether your Inclusive Value can only be used during certain times of the

day or on certain days;

6.2.6. whether any unused Inclusive Value (and where applicable, Recharge value)

will expire or if you will be able to carry-over any unused Inclusive Value (and

where applicable, Recharge value) in a particular month to another month,

and if so, how long it will be available for you to use;

6.2.7. the rates applicable for use of voice minutes, SMSs and Data;

6.2.8. the rules relating to depletion of voice minutes, SMSs and Data (for example,

any free voice minutes, SMSs or Data which you may have may deplete

before or after your Inclusive Value); and

6.2.9. whether you will be able to purchase additional voice minute, SMS and/or

Data bundles, depending, for example, on your available credit limit.

6.3. All rules relating to the Inclusive Value, add on bundles and Value Added Services for

each Tariff Package are detailed in the terms and conditions of the applicable Tariff

Plan, which may be found on www.fnb.co.za.

6.4. The FNB Connect rates applicable to voice calls, SMSs, MMSs, Data usage, Value

Added Services such as content and monthly service fees (if applicable), payable for

access to the Network Services may be found on www.fnb.co.za.

6.5. You will be able to use the Network Services only when you are in South Africa, in an

area covered by the Network. Should you wish to make use the Network Services

outside of South Africa on another mobile network, you will be required to

activate International Roaming services which will attract additional Charges.

7. Notifications

7.1. FNB Connect will use all reasonable endeavours to notify you of events occurring on

your account, including but not limited to, your balances prior to it running out, the

Subscriber Usage Limit being reached, migration requests and SIM Swaps, however,

FNB Connect will not be liable for any delays in notifying you or not notifying you

at all. You will remain liable for all Charges incurred by you.

7.2. Customers may be notified by SMS or email of the events referred to in clause 7.1

above.

7.3. Please note that these notifications are service notifications and Customers may

not opt out of these.

8. Tariff Plan Migration

8.1. You may cancel this Agreement and apply to enter into a new Agreement with FNB

Connect for a migration to a new Tariff Plan, either:

8.1.1. at the end of the Initial Period;

8.1.2. prior to the expiry of the Initial Period; or

8.1.3. during the Renewal Period.

8.2. You may apply for upward migration (that is, to a higher Tariff Plan) or a downward

migration (that is, to a lower Tariff Plan).

8.3. Should you cancel this Agreement and enter into a new agreement with FNB

Connect (in terms of clause 8.1.2 above) or conclude a downward migration (in

terms of clause 8.2 above), you may be liable for a Cancellation Fee.

8.4. A Tariff Plan migration amounts to a new agreement between you and FNB Connect.

You will therefore be bound to all terms and conditions which apply to the Agreement at

the time when you apply for the Tariff Plan migration.

8.5. FNB Connect is not obliged to accept your application for a Tariff Plan migration or enter

into a new agreement with you.

9. International Roaming

9.1. The International Roaming service is not available by default. Should you wish to use

the Network Services outside of South Africa, you must request activation of this service

prior to travelling.

9.2. International Roaming voice, SMS and Data usage shall be charged at the applicable

roaming rate of the country you are in and based on its cellular network operator. See

www.fnb.co.za for International Roaming Rates.

9.3. Please note that International Roaming rates are significantly higher than national

rates.

9.4. Should you have activated International Roaming for use when abroad, you must

immediately deactivate it (that is, turn it off) when you return to South Africa.

9.5. Your International Roaming usage is determined by the cellular network operator used

by you in the country you visited. It may take the cellular network operator up to 4

(four) months to provide your International Roaming usage to FNB Connect,

which will result in Customers experiencing a delay in receiving their International

Roaming charges. This will affect any balance enquiries and balance details on

your account, until we advise you of the final International Roaming charges

payable.

9.6. Customers will be charged for both incoming and outgoing usage when roaming

internationally. Customers will also be charged International Roaming rates if call

forwarding and voicemail services are activated when roaming.

9.7. To avoid incurring charges, we recommend turning off your International Roaming

service when travelling abroad.

9.8. Please note that if your account is in arrears, you will not be able to activate the

International Roaming service.

9.9. Customers are advised that the Subscriber Usage Limit and Subscription Limit

will not take effect when roaming.

9.10. Customers using BlackBerry® services will not benefit from the inclusive Data

value on their BlackBerry® service plan. All Data usage will be billed at

International Roaming rates.

10. Charges and Payment for the Services and Products

10.1. The use of certain Internet Services may incur higher than standard Data rates

(including but not limited to Internet Services such as VoIP services which are

provided by third party service providers).

10.2. We will charge you for your use of the Network Services once your SIM Card has been

Activated on the Network.

10.3. Customers will receive a Bill for use of the Services and, if applicable, a separate bill for

their Mobile Device, if this has been subscribed to through FNB.

10.4. Debit Orders:

10.4.1. You hereby authorise us to collect monthly instalments via debit order from

your linked FNB cheque account on an agreed date to, or soon thereafter.

The first instalment date will within 48 (forty eight) hours of activation of SIM

card. Should the payment day fall on a Sunday or public holiday, you

authorise us to debit your account on the previous processing day. Should

there be insufficient funds in the linked account, FNB may electronically track

your account and continue presenting the instruction for payment until you

satisfy the payment instruction. In the event that your account is in arrears,

you authorise us to present the instruction for payment to collect the arrear

amounts. The sum of the payment instructions will never exceed your

payment obligations. Subsequent payment instructions will continue to be

delivered until the payment obligations have been met or until you cancel this

Debit Order Authorisation. The authority and mandate may be ceded or

assigned to a third party only if this agreement is also ceded or assigned to

the third party. This authority and mandate may be cancelled by you or us,

however, such cancellation will not cancel the agreement and your payment

obligations.

10.5. We will send you a monthly Bill either via email or you may access your Bill through the

FNB digital channels. We reserve the right to change the billing period at any time, with

notice to you. It is your responsibility to ensure that the email address provided to

us is correct and updated at all times, in order for you to receive your Bill

monthly. In the event that you do not receive your Bill, you must contact

Customer Services.

10.6. You must pay all Charges on your account, whether or not they have been incurred by

you personally. You will be charged the Monthly Amount each and every month

during this Agreement, even if you do not actually spend the included Monthly

Amount.

10.7. FNB Connect Postpaid Contract Customers will be billed in advance for the Monthly

Subscription and in arrears for any Usage Charges which have been incurred from the

previous month.

10.8. You must pay the full amount owing on your Bill by debit order from any one of your

Qualifying FNB Connect Banking Accounts or via an electronic funds transfer (EFT).

10.9. FNB Connect Top Up Customers whose debit order is unsuccessful will not receive any

Inclusive Value for that particular month.

10.10. You are responsible for ensuring that you have provided us with the correct details of

the Qualifying FNB Connect Banking Account used to make payment. If the account

details change for any reason, you must notify us of such change so that we can update

the details on our systems. You acknowledge and agree that we cannot be held

liable for any loss, damages or charges if you fail to notify us of a change in the

banking details prior to your next Bill run.

10.11. You must pay the full amount on your monthly Bill on time. If you do not, without

prejudice to any other rights we may have, we can:

10.11.1. cancel your Out of Bundle limit (if any);

10.11.2. suspend in part or in full, your access to the Network Services; and/or

10.11.3. cancel this Agreement as per clause 12.3 below.

10.12. It is your responsibility to check your Bill to ensure that it is correct. To the extent

allowed by law, unless you raise a query about your Bill within 30 (thirty) days from the

date of the Bill, it will be deemed to be correct unless you prove that it is not.

10.13. In the first month of the Agreement, you may agree to make an upfront payment for the

Charges incurred. You must do so immediately upon signing the Quotation via electronic

funds transfer (EFT). Alternatively, we may agree to allocate the upfront payment to your

first invoice, provided that the total amount of this invoice does not exceed your

Subscription Credit Limit.

10.14. You cannot convert or redeem Recharges, credit, any free offerings, unused

airtime, unused Data and/or unused Bundles on your account to cash, nor can

they be applied against any Charges owing to us.

10.15. If you do not pay your Bill on time, you will be in breach of this Agreement and we

may suspend your use of the Network Services until such time as all outstanding

Charges are paid in full. If you fail to make payment of all outstanding amounts

within 20 (twenty) Business Days of us notifying you that you are in breach, we

reserve the right to immediately cancel this Agreement.

10.16. Further to clause 10.19 above, you agree that we may hand your account over to

our debt collectors to collect the outstanding Charges as well as provide your

payment details to the credit bureau. This will affect your credit rating and the

debt collectors may hold you liable for all their charges, tracing fees, and legal

fees on an attorney and client scale.

10.17. You may be required to pay legal costs on the scale as between attorney and own

client reasonably incurred by FNB Connect if FNB Connect takes any legal steps

against you relating to your breach of this Contract.

10.18. In the event that this Agreement is cancelled prior to the expiry of the Initial

Period, we may require you to pay a Cancellation Fee.

10.19. You must pay all taxes, including any VAT applicable to your use of the Network

Services, which will be added to your Charges.

10.20. In the event that this Agreement is cancelled in accordance with clause 3.5 above,

you may liable for the direct cost of returning the goods (SIM Card).

11. Suspension or Disconnection of Services

11.1. We may have to suspend your use of the Network Services or disconnect your SIM

Card from the Network, without warning, if the Network needs urgent maintenance,

modification or upgrading.

11.2. We may also suspend or disconnect your use of the Network Services if you (or anyone

who uses your SIM Card):

11.2.1. breach this Agreement;

11.2.2. damage or abuse the Network Services or the Network or put the Network at

risk;

11.2.3. are suspected of any fraudulent activity, as detailed in clause 5 above, which

is being investigated by FNB Connect;

11.2.4. exceed your Subscription Credit Limit;

11.2.5. do not pay a Bill when it is due and your Account is not in Good Standing;

11.2.6. close your Qualifying FNB Connect Banking Account through which this

Agreement is subscribed to;

11.2.7. breach the acceptable use provisions detailed in clause 5 above;

11.2.8. do not make use of the Activated SIM Card for a period of 3 (three) months

or more;

11.2.9. provide information that is false or misleading in terms of any Laws;

11.2.10. for any other reason required by Law or if so directed by any authority; or

11.2.11. in the event that FNB Connect has been advised of the death of the

Customer – in this instance, the SIM Card and all associated SIM Cards will

be suspended. It is the onus of the next of kin to notify FNB Connect of

the death of the Customer, by contacting FNB Customer Services, as

the SIM Cards may need to be RICA’d again in the name of the new

Qualifying FNB Connect Banking Account.

11.3. In the event that your Account is not in Good Standing, we may:

11.3.1. not activate the International Roaming service;

11.3.2. block your access to premium service subscriptions;

11.3.3. preclude you from receiving recurring bundles; and

11.3.4. suspend all SIM Cards related to that account.

11.4. You must contact the Customer Services department immediately to request that we

suspend your Services, for example, if you have lost your SIM Card or it has been

stolen, or if you are not going to be using the Network Services for an extended period

of time.

11.5. In the event your SIM Card is lost or stolen, you are required, by law, to notify the

South African Police Services (SAPS). You must also notify FNB Connect

immediately through the self-service channel. Customers may then contact

Customer Services. You will remain liable for any Charges for Services incurred

prior to notifying FNB Connect of the SIM Card being lost or stolen.

11.6. In the event that an FNB Connect Top Up Customer reverses a debit order, the

Customer will be in Arrears and will be subject to, amongst other things, suspension and

the collection provisions as detailed in this Agreement.

11.7. In the event that your access to the Service has been suspended due to your non-

payment, FNB Connect will end the suspension of your access to the Services as soon

as reasonably possible after you make sufficient payment to FNB Connect so that your

Account is in Good Standing.

11.8. Further to clause 11.7 above, payment in full of an outstanding invoice will reduce the

Customer’s overdue payment period, as the oldest invoice outstanding will be paid first.

However, in the event that the Customer only makes partial payment of an outstanding invoice,

the Customer’s overdue payment period will remain unchanged.

11.9. In the event that your access has been suspended for more than 120 (one

hundred days), without limiting any of FNB Connect’s other remedies and rights

against you, your Contract will be cancelled, you may be liable for the

Cancellation Fee and your Phone Number will be migrated to a prepaid plan.

11.10. We may charge you a Connection Fee to reconnect you to our Network Services, except

where clause 11.1 above applies.

11.11. Even if we suspend your access to the Network Services under this clause 11,

you remain liable for all Charges due under this Agreement throughout the period

of suspension if the suspension is due to your fault (including all monthly

charges like your Monthly Subscription on your Contract regardless of whether or

not your SIM has been disconnected from the Network) unless we, in our sole

discretion, determine otherwise.

11.12. If we suspend your access to the Network Service, you will still be able to make calls to

emergency services.

11.13. If we suspend your use of the Service under clause 11.2 or disconnect your SIM from

the Network, except if clause 11.1 applies, you may lose your Phone Number.

12. Breach and Cancellation of this Agreement

12.1. Either party may cancel this Agreement at any time, for any reason, by providing

the other party with 20 (twenty) Business Days’ notice of cancellation. In such

event, you agree to pay us all amounts owing in respect of your Contract up until

the cancellation date, including, but not limited to, any Arrear amounts owing on

your Contract and all Charges for usage, including any charges which may still be

owing for International Roaming. We may charge a reasonable Cancellation Fee.

12.2. At the end of your Contract term, your Contract will continue on a month-to-month basis

unless you provide us with 20 (twenty) Business Days’ notice prior to the termination of

your Contract, informing us that you want to terminate or renew your Contract.

12.3. Without limiting any of our other rights and remedies against you, we will also be

entitled to cancel this Agreement with immediate effect, if, where applicable:

12.3.1. you breach this Agreement and you fail to correct that breach within 20

(twenty) Business Days of receiving a notice from us notifying you that

you have breached the Agreement;

12.3.2. a debit order fails or is rejected or you cancel the debit order without

our prior written consent, or you change your banking details without

notifying us, before you do so, by calling Customer Services;

12.3.3. you fail to make payment of any amount due and owing to us;

12.3.4. you become bankrupt, or are provisionally sequestrated, or a

liquidator or receiver or any other administrator is appointed to your

business or assets, or a petition for this is made, or if you enter into

any arrangement or composition with your creditors including any act

of insolvency as this term is defined in the law, or if a resolution is

passed to wind up your business;

12.3.5. the Network Operator no longer makes the network available to us, for

any reason whatsoever; and/or

12.3.6. ICASA or any other Law orders us to withdraw your Phone Number.

12.4. If this Agreement is cancelled, you must immediately pay to us all amounts owing

to us as at the date of termination of the Agreement, including any charges which

may still be owing for International Roaming. You will forfeit any unused balances

(including but not limited to Inclusive Value, Recharge, bundles). Customers may

be migrated to a Prepaid plan, at the discretion of FNB Connect.

12.5. Cancellation will not affect any rights which either of us may have accrued up to

the date of cancellation. In addition to the Cancellation Fee and to the extent

allowed by Law, we reserve our rights to claim damages from you for any loss or

damage which we may suffer due to your breach of any term of this Agreement or

any act, omission or negligence on your part.

12.6. You agree that what you owe us will be proven by means of your final statement

of account (this statement of account will be presented in a form as advised by

FNB Connect from time to time), details all amounts owing by you to FNB

Connect). You also agree that the statement will be binding on you for the

purpose of obtaining judgment against you in a court of Law.

13. Changes to this Contract

13.1. FNB Connect reserves the right, at any time and from time to time, to:

13.1.1. change these terms and conditions;

13.1.2. change any rules relating to its products and services;

13.1.3. modify its products and services at its discretion; and/or

13.1.4. change its rates/charges applicable to FNB Connect products and/or

services.

14. Limitation of Liability

14.1. To the extent permitted by Law, we shall not be liable to you or any other person

for any loss, expenses, costs or damage, regardless of the form of action,

whether in contract, delict, under statute or otherwise, whether direct,

indirect or consequential and whether arising from or in connection with this

Agreement, including, but not limited to:

14.1.1. any interruption of or error to the Network Services;

14.1.2. our failure to perform any obligations as a result of technical problems

relating to the Network; and/or

14.1.3. termination of any license or agreement to operate or use the Network,

for any reason whatsoever.

14.2. We are not liable to you for any goods or services you order from other

companies using your SIM Card and Mobile Device, and we do not accept liability

for any amounts owing by you to any other supplier for their services. You

indemnify us against any claims made against us by your other supplier or if you

suffer loss because they are not compatible with our Network Service or your SIM

Card and Mobile Device.

14.3. Certain Laws can imply warranties or conditions or impose obligations upon us

which we cannot exclude, restrict or modify at all or which we can only exclude,

restrict or modify to a limited extent. If these Laws apply, to the extent to which

we are able to do so, our liability to you arising from or in connection with this

Agreement will be limited:

14.3.1. in the case of Products, to repairing or replacing the goods or

supplying equivalent Products or, in limited circumstances, refunding

you; or

14.3.2. in the case of Services, to re-supplying the Services to you.

14.4. We depend on third party providers to supply our Network Service. To the extent

permitted by Law, you agree not to hold third party providers liable for damages,

losses, costs or expenses for any consequential, incidental or indirect losses or

for any loss of profits, business, income or interest, or in respect of any claims by

third parties arising from or in connection with any act, omission, neglect or

default of a third party provider, or us where this is a direct result of the third

party provider action or omission, neglect or default.

14.5. Contributory carelessness. Should you have a claim against us arising from or in

connection with this Agreement, to the full extent permitted by Law, our liability to

you in contract, delict (including carelessness), under statute or otherwise, will be

reduced by the extent to which you caused or contributed to the loss or damage.

We are not liable to you or any other person for faults or defects in services that

are caused by your own conduct or misuse.

14.6. You indemnify us against any loss or damage you may suffer arising from or in

connection with your being in breach of your obligations.

15. Force Majeure

We are not liable for any delay in providing access to the Network Services, any Service or Product;

any delay in correcting any fault in any Service; failure or incorrect operation of any Service; or any

other delay or default in performance under this Agreement if it is caused by an event reasonably

beyond our control, including but not limited to civil insurrection, accident, act of God, industrial

action, a direction of any sort by the Regulatory Authority, delay, failure or default by any other

supplier or Network Operator.

16. Intellectual Property

You may not use our information or our Intellectual Property for any purpose not authorised in

writing by us or in any manner which may cause us loss, whether by way of damage to our

reputation, financial loss or otherwise. Nothing in this Agreement is a licence or transfer to you of

any of our rights including copyright and/or trademarks relating to our name, our Services or the

SIM Card (including any software or firmware incorporated in the SIM Card).

17. Consumer Protection Act

To the extent that these terms and conditions or any goods or services provided under this

Agreement are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"),

no provision of this Agreement is intended to contravene the applicable provisions of the Consumer

Protection Act, and therefore all provisions of this Agreement must be treated as being qualified, to

the extent necessary, to ensure that the applicable provisions of the Consumer Protection Act are

complied with.

18. Personal Information

18.1. We will request that you provide us with personal information about yourself, for

example, your full name, your residential address, your contract information and/or your

banking details. We may need this information for the purposes of opening your

Contract with us, credit checking you, debiting your bank account, complying with the

Law, informing you about promotions and/or new Products and/or to provide a better

service to you. You warrant and guarantee that all personal information supplied by you

to us in the Quotation is true and correct.

18.2. You agree to give us such information that we may require from time to time and you

authorise us to make use of this information for the purposes stated by us. We will

always use the latest information provided by you and you must therefore inform us of

any change in your information. You warrant that all information provided to us is and

remains true and correct.

18.3. You agree to immediately inform us in writing if there is any change of whatsoever

nature in any of your personal information, including your physical address, previously

supplied to us.

18.4. As and when necessary, you consent to us obtaining, using, storing and/or disclosing

your personal information provided to us as follows:

18.4.1. to either credit grantors and/or credit bureaux and/or banks and/or other

financial institutions in order to ascertain information relating to your

creditworthiness (before we accept this Agreement) and for fraud prevention

purposes and in order to process any payment transactions necessary for

and relative to this Agreement;

18.4.2. to attorneys and/or debt collection agencies if you breach this Agreement;

18.4.3. to our agents and/or consultants and/or trade partners and/or Network

Operators, but only to the extent necessary and in order to provide our

Services to you;

18.4.4. to consumer research companies for the purposes of conducting research on

improving our Services;

18.4.5. to data warehouse and customer relationship management centres;

18.4.6. Internet Service providers (who administer our Website and provide Internet

Services and host our facilities;

18.4.7. for the purposes of us publishing a directory containing the name, address,

details and the applicable Phone Number of our Customers; and

18.4.8. for the purposes of us informing or sending information to you about any new

services or products offered by us and/or by any of our agents and/or

consultants and/or trade partners which we consider may be of interest to

you. We will comply with the direct marketing provisions of the Consumer

Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, and any data

protection and privacy Laws.

18.5. You may contact any of our branches or call Customer Services immediately if there is

any change in your address or any of the other details you supplied to us to ensure that

you are compliant with any requirements by Law or to correct any errors in your account

or personal information.

18.6. You agree that we can notify the credit bureaus about the manner in which

payment have been conducted by yourself.

19. Marketing

19.1. We will send you promotional and other marketing material to inform you about any

special offers we have, unless you have opted-out from receiving any marketing material

from us. If required by Law or if necessary in order for us to provide the Services to you,

we may need to send you important messages and information with or without your

consent, for example, information about your account, Charges and/or the Network

Services.

19.2. We also may make offers exclusively to only certain customers on reasonable grounds.

You will need to check if you qualify for these offers. We reserve the right to withdraw or

alter any promotional offering at any time.

20. Queries and disputes

20.1. If you have a complaint about our Service and/or Products, please tell us in writing at

connecthelp@fnb.co.za or call Customer Services. We will try to resolve your query or

dispute as quickly as possible by escalating it to the appropriate person.

20.2. If we cannot resolve your complaint to your satisfaction, you can refer your complaint to

the Regulatory Authority, ICASA, for attention Consumer Affairs Division,

consumer@icasa.org.za or you may contact the National Consumer Commission,

established under the Consumer Protection Act, 2008.

21. What are our responsibilities to you?

21.1. We will take all reasonable steps within our control to make our Services available to

you at all times in line with the terms and conditions of this agreement.

21.2. Our Services are only available within the range as set out on our service map. Although

we take all reasonable measures to ensure that our services are offered to you on a

consistent and continuous basis, we cannot always guarantee a continuous fault free

service.

21.3. The quality and availability of our Services may sometimes be affected by factors such

as:

21.3.1. Bad weather;

21.3.2. Other causes of radio interference;

21.3.3. The features or functionality of your particular device;

21.3.4. The number of people trying to use the FNB Connect Network at the same

time, for instance in a national emergency, or if there are faults in other

electronic communications networks to which the FNB Connect Network is

connected.

21.4. If you do not pay your monthly payments due to you on a specific date and if you

materially breach this Agreement then we may suspend activation of your SIM Card or value-

added services until you have paid the deposit or any outstanding amounts owing to us.

21.5. We have the option of changing any of our charges from time to time by means of

publishing an amended Tariff Plan. Tariff and price changes will be updated on

www.fnb.co.za. It is the responsibility of the customer to frequently check the prices and

tariff plans.

21.6. We have the right to change these Terms and Conditions without notifying the customer.

It is your responsibility as a customer to review these Terms and Conditions on a regular

basis to be informed of any changes that might occur, including price changes.

22. General

22.1. This Agreement is the whole agreement between you and FNB Connect, in relation to

the subject matter contained in this Agreement. If there is any conflict between the terms

and conditions of this Agreement and any other terms and conditions, this Agreement

will always be the key document to rely on, unless the other terms and conditions

specifically state that they will apply.

22.2. We may change the terms and conditions of this Agreement, including the terms and

conditions of our Products and/or Services, the price of any Product or Service, or

withdraw any Product or Service offering, at any time. If we do this and the change is

material and may affect you, we will advise you by placing the amended version of this

Agreement on our Website and/or by sending you an electronic message or by other

means and within the period permissible at Law. You agree to always abide by the latest

version of this Agreement. If you are unhappy about any change you may terminate this

Agreement as provided for in clause 12.1.

22.3. You acknowledge that you enter into this Agreement entirely as a result of your own

enquiries and that you do not rely on any statement, representation or promise by us or

on our behalf not expressly set out in this Agreement or our other terms and conditions.

You therefore release us and each of our officers, agents and advisors from all claims,

actions, and demands of any kind (including carelessness) arising from our relationship

in terms of this Agreement before it began and from discussions leading to it.

22.4. You cannot transfer a Prepaid or Contract account, your Phone Number or your SIM

Card to anyone else without our consent. You must not do any of the following at any

time without our permission and we will not unreasonably withhold our permission:

22.4.1. transfer / cede any of your rights under this Agreement to any other entity or

person; or

22.4.2. transfer / delegate or hand-over any of your obligations or responsibilities

under this Agreement to any other entity or person.

22.5. To the extent that this is allowed by law, you agree that we can at any time do any of the

following without your permission:

22.5.1. transfer any of our rights under this Agreement, to any one or more persons

or entities; and/or

22.5.2. transfer / delegate or hand-over any or all of our obligations or

responsibilities under this Agreement to any one or more persons or entities.

22.6. We may in the future belong to industry organisations and subscribe to industry or other

codes. You can ask us for information about this if you cannot find these details on our

Website. Our code of conduct can be found on our Website, via our Customer Services

and in our branches.

22.7. If any term of this Agreement is invalid or unenforceable, it may be removed but the

remainder of this Agreement will remain valid and effective.

22.8. Any indulgence we grant you or extra time we allow you does not affect our rights under

this Agreement to require your strict compliance to this Agreement at any time.

22.9. All legal notices given in terms of this Agreement will be in writing and all notices may be

sent to the address(es) specified in the Contract Quotation. Any change in your address

will only be effective if and when we receive written notification of your change of

address.

22.10. Either party may set off any outstanding amounts due by the other, against any amount

which may be due and payable by the other party;

22.11. We will deliver certain notices to you by SMS.

22.12. Notices will be delivered and will be considered as received:

22.12.1. if delivery is by hand, then on the date of delivery;

22.12.2. if delivery is by fax, then within 24 hours of transmission of the fax;

22.12.3. if delivery is by email, then when the message is capable of being retrieved

and processed by the addressee from the information system, or server used

by the addressee for the purposes of receiving email messages as stated in

section 23(b) of the Electronic Communications and Transactions Act, 2002.

22.13. Any legal notices given to you will be deemed to have reached you within 10 (ten) days

of posting, only if it is sent by registered mail from an address within South Africa to your

last known address.

22.14. We both agree that this Agreement will be interpreted and governed in terms of the

Laws of South Africa, and to the extent that a court has jurisdiction over any matter

which becomes a problem between us as a result of or in connection with this

Agreement, we both consent to the jurisdiction of the Magistrates Court of South Africa.

FNB Connect Product Terms and Conditions

These rules (the “Terms and Conditions”) explain your rights and duties in connection with the use of

the services and/or products. Please read these Terms and Conditions carefully. Your use of the

products and/or services will constitute your agreement to comply with these Terms and Conditions.

There may be a limit on the maximum number of SIM Cards which a customer may subscribe

for.

Products

1. FNB Connect Prepaid

1.1. The FNB Connect Prepaid price plan enables Customers to utilise all FNB Connect services

offered to prepaid customers. Services include but are not limited to voice, SMS, Data, as well as

other value added services.

1.2. FNB Connect Prepaid Airtime, Data and SMS bundles may be bought from any of the FNB

electronic channels. Prepaid airtime, data and SMSs are uploaded directly to the FNB Connect

cellphone number indicated by the Customer and cannot be refunded. Therefore, we advise you

to ensure that you load the prepaid Services to the correct cellphone number and choose

the correct amount before confirming a transaction.

1.3. The FNB Connect Prepaid Service allows prepaid Customers to make voice calls within the

Republic of South Africa. These voice calls are billed per second, from the first second, and has a

single rate throughout the day. These rates which may be found on www.fnb.co.za.

1.4. International Roaming is not available to FNB Connect Prepaid Customers.

1.5. Once off voice, data or sms bundles purchased shall expire within 30 (thirty) days from bundles

being loaded.

2. FNB Connect Flexi

2.1 The FNB Connect Flexi option allows Customers to enter into a month-on-month contract to

consume chargeable services up to the individual Subscription Limits assigned to the Customer.

2.2 The Customer will be able to select a predefined value of their choice from voice minutes,

Data and SMS to create their own package. The Customer must select at least one of the

following on the FNB Connect Flexi option:

- value of voice minutes allocation

- value of data allocation

- value of SMS allocation

2.3 Customers will be able to make changes on predefined value of voice minutes, Data and SMS

on a monthly basis. Changes will have to be made before or on the last day of the month

before midnight (23h59), but changes will only be effective on the 1st

of the following

month.

2.4 You will be billed in arrears.

2.4.1 If you do not select a bundle for one of the services (voice minutes, data or SMS) then

the usage will be consumed at the applicable out of bundle rate for that service.

2.4.2 Voice minutes, data and SMS allocation are depleted in the order of the first to expire.

If the expiry date is the same, the bundles are depleted in the following order.

• Inclusive Value

• Recurring Bundle Value

• Once-Off Bundle Value

• Reward Bundles

• Out of Bundle rates

2.5 Customers are unable to load prepaid airtime to the FNB Connect Flexi package.

Additional voice usage is charged at the applicable out of bundle rate. Customers may

load once-off or recurring SMS and/or Data bundles once their monthly allocation is

depleted.

2.6 Subscription voice, sms or data allocations not used within the allocated month will not be

carried over to the following.

2.7 Once off voice, data or sms bundles shall expire within 30 (thirty) days from bundles being

loaded.

2.8 The minutes included in the FNB Connect Flexi package, which recurs every month, will not

apply to premium rated calls, International calls or International Roaming. Such calls will be

charged out at the applicable rates. International calls and data usage will be billed at the

applicable roaming rate. Please refer to the FNB website for up to date rates (www.fnb.co.za).

2.9 The SMSs included in the chosen FNB Connect Flexi package, which recur every month, will

not apply to premium rated SMSs, International SMSs or SMSs sent while roaming. Such

SMSs will be charged out at the applicable rates. International SMSs will be billed at the

applicable roaming rate. Please refer to the FNB website for up to date rates (www.fnb.co.za).

2.10 The data included in the chosen FNB Connect Flexi package, which recurs every month, will

not apply to data used while roaming. International data usage will be billed at the applicable

roaming rate. Please refer to the FNB website for up to date rates (www.fnb.co.za).

3 Connect Top Up Voice and Top Up Data

3.1 Top Up Voice is available on a month to month basis. Voice services purchased in a particular

month must be used in that same month, as there will be no carry over of the monthly

allocations.

3.2 Top Up Data is available on a month to month basis. Data services purchased in a particular

month must be used in that same month, as there will be no carry over of the monthly

allocations.

3.3 Once you deplete your Voice or Data allocations, you may purchase additional voice and data

bundles through any of FNB’s banking channels which include: FNB Banking App, Cellphone

Banking, Online Banking, ATM’s, or the dialstring *147# on your cellphone.

3.4 The maximum amounts that you may purchase voice and data bundles for, are limited to the

prepaid daily limit on the channel through which you conclude your purchase.

3.5 It is your responsibility to ensure that you input the correct mobile number when recharging your

voice or data bundles. No refunds will be made if the mobile number you have entered is

incorrect, and the voice or data service has been sent to the incorrect mobile number.