FNB CONNECT ULTIMATE VOICE TERMS AND CONDITIONS Date of forth Publication: 13 August 2017 These Terms and Conditions will apply to you if you take up the FNB Connect Ultimate package (Ultimate package) from First National Bank (FNB), and will form the basis of your Agreement with FNB. Connect Ultimate Voice refers to the voice calling package (with a fair use policy) to any national mobile network including Telkom fixed line and Neotel fixed line. These Terms and Conditions, the FNB General Terms and Conditions, and FNB Connect Terms and Conditions shall apply when you take up the Ultimate package (available on our website www.fnb.co.za). For enquiries on the FNB Ultimate package, please contact our call centre on 087 575 0147. FNB affirms that it adheres to the provisions of the Consumer Protection Act 68 of 2008, the National Credit Act 24 of 2005, and other applicable and relevant rules, standards and legislation. FNB may change these terms & conditions, or the products available due to changes in legislation, changes to the agreements with our suppliers, and/or changes to FNB s business rules. 1. WHO QUALIFIES TO TAKE UP THE CONNECT ULTIMATE VOICE FROM FNB? 1.1 This package is made available to private individuals for personal usage, subject to a credit approval process. 1.2 To qualify for the Ultimate package, you must have an active qualifying FNB Account in good standing. For details on qualifying FNB Accounts, please refer to the FNB Connect Terms and Conditions. 1.3 FNB reserves the right to decline any application for the Ultimate package. This includes applications by subscribers who cancelled an Ultimate package within the previous (6) six months, and/or customers who were identified as having previously abused the fair usage policy. 2. WHAT IS INCLUDED IN THE OFFERING? 2.1 You will receive an allocation of 4000 voice minutes, 100MB of data, and 50 sms s per month. 2.2 You may select one of the following Ultimate packages: Product Duration Price and Term Rewards Connect Top Up Ultimate SIM including 4000 voice minutes 100MB & 50SMS Month to Month R393 per month on a month to month basis, Once off activation fee of R50, Monthly caller identity fee of R6.00. Rewards will be earned only on the once off bundles purchased and not on the package subscription amount. Connect Ultimate (Postpaid) SIM including 4000 voice minutes 100MB & 50SMS Month to Month R393 per month on a month to month basis, Monthly caller identity fee of R6.00, Once off activation fee of R50 Monthly itemised billing fee of R10.00. Rewards will be earned only on the once off bundles and recurring bundles purchased and not on the package subscription amount. Promo Bundled Ultimate Device deal including 4000 voice minutes + 100MB & 50SMS 24 Months This product is only available with certain device bundle deals. Rewards will be earned only on the once off bundles and recurring bundles purchased and not on the package subscription amount. 2.3 There shall be no carry over of minutes, 2.4 Once you deplete the 4000 voice minute allocation, you will be charged at an out of bundle rate. 2.5 A limitation of 2 Ultimate packages per customer, shall apply.
3. WHAT IS EXCLUDED FROM THE ULTIMATE PACKAGES? 3.1 These Ultimate packages and its associated benefits cannot be used for commercial or business purposes which include, but may not be limited to: International bypasses, Internet cafes, Wi-Fi Hotspots, server hosting, call centre, least cost routing or payphones. This shall be deemed prohibited use, and the voice calling service will immediately be suspended pending an investigation. This prohibited use list may change from time to time without prior notice. 3.2 These Ultimate packages exclude International Roaming and voice calls to non-qualifying numbers/services. Non-qualifying numbers/services include, but are not limited to premium rated numbers, international numbers, toll-free numbers, sharecall numbers, smartaccess numbers, Wi-Fi calling, conference calling, video calling and VoIP. 3.3 Calls made to non-qualifying numbers will be charged according to the standard applicable rate for the applicable service. 4. FAIR USAGE POLICY 4.1 FNB reserves the right to apply measures to ensure that your actions do not negatively impact the experience of other customers or sustainability of the Ultimate packages. These measures are termed as a Fair Usage Policy, and are determined at FNB s sole discretion. 4.2 A fair usage policy shall apply where customer may be breaching the following rules 4.2.1 The SIM did not originate calls to more than 150 unique cellphone numbers. 4.2.2 The SIM received minimal incoming traffic. The percentage of incoming traffic in relation to outgoing traffic should at least be 5% (Incoming traffic excludes calls received from the FNB Connect s Mobile network). 4.2.3 The SIM was restricted to a fixed, geographical location. 4.4 Where breach of these rules are detected: 4.4.1 FNB will notify subscribers of the breach. 4.4.2 Subscribers shall be required to immediately refrain from abusing the service, 4.4.3 Where subscribers continue to breach the service, they will be charged at the standard out of bundle rates; and/or 4.4.4 FNB may migrate the subscriber to a more suitable product; and/or 4.4.5 FNB may terminate any further voice services. 4.5 Failure to adhere to these rules shall be deemed a breach of these terms and conditions, and FNB reserves the right to suspend/terminate this service at its discretion. 4.6 FNB further reserves the right to suspend/terminate this service where any fraudulent activity is suspected. 4.7 FNB reserves the right to suspend the service in the event of suspected abuse where non-compliant devices as specified by the regulating body ICASA are being used on the FNB Connect host network. For details, please visit the ICASA website. 5 HOW AND WHEN MAY YOU PAY FOR THE ULTIMATE OFFER? 5.1 You hereby authorise us to collect monthly instalments via debit order from your qualifying FNB account, on a date agreed upon. The first instalment date will be the date you select. 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 qualifying FNB 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 your payment obligations..
6 EARLY CANCELLATION ON BUNDLED ULTIMATE DEVICE DEALS 6.1 A cooling off period of 7 (seven) calendar days will apply from the date you enter into this agreement or take delivery of Bundled Ultimate Device deals. 6.2 Should you cancel this agreement after the 7(seven) calendar days cooling off period, you will become legally responsible to pay FNB an early cancellation penalty. 7 FAILURE TO PAY FOR THE ULTIMATE OFFERINGS 7.1 Should you fail to pay any amount due under the Connect Top Up Ultimate, you will not receive your allocation for the applicable month. 7.2 Should you fail to pay any amount due under the Connect Postpaid Ultimate,, this would be deemed to be a default under this Agreement. 7.2.1 Where you commit a default under this clause 7.2, FNB will inform you in writing, and provide you with 15 (fifteen) calendar days to remedy the default and/or breach. Should you fail to remedy the default within 15 (fifteen) calendar days of delivery of the written notice, FNB may exercise its rights as set out below: FNB may, without limiting its rights, on written notice to you either: a) demand that you perform all your obligations under this agreement, and/or b) cancel this agreement, and/or c) take legal action against you. Legal costs will be charged on an attorney and client scale. 7.3 Should you fail to pay any amount due to FNB under the Bundled Ultimate Device deals, and the agreement becomes an incidental credit agreement in terms of the National Credit Act, the following will apply to the incidental credit agreement ( credit agreement ): 7.3.1.1 Interest may be calculated daily on the outstanding balance of the incidental credit agreement at the end of each day. Interest may be added to the outstanding balance. 7.3.1.2 Default Administration Charges may be charged to you by FNB to cover administration costs it paid or must pay because you didn t pay on time or at all i.e. you defaulted on any of your payment obligations under this credit agreement. Default Administration Charges can be charged for each necessary letter written under Part C of Chapter 6 of the NCA (Section 129(1) (a) default notice and Section 86(10) termination notice). Default Administration Charges will be equal to the amount payable for a registered letter of demand in undefended actions under the Magistrates Court Act 1944 in addition to any reasonable and necessary expenses paid or payable to deliver such letter. 7.3.1.3 Collection Costs may be charged to you by FNB to enforce a monetary obligation under this credit agreement. Collection Costs incurred by FNB to collect the debt will be limited by Part C of Chapter 6 of the NCA and the Superior Courts Act 2013; the Magistrates Court Act 1944; the Attorneys Act 1979 or the Debt Collector s Act 1998 whichever applies to the enforcement of this credit agreement. You agree that FNB may charge legal costs and fees to enforce the credit agreement on an attorney and client scale. 7.3.1.4 FNB will deliver a statement of account to you every < 1 (one) month / 2 (two) months / 3 (three) months / 6 (six) months >. The statement of account will be delivered to you by < e-mail / fax / SMS / MMS / ordinary mail / prepaid registered mail / printable webpage>. You can also request a statement from FNB. Such requests may attract a fee. 7.3.1.5 If you are in default of this credit agreement, FNB may take the steps set out in Part C of Chapter 6 of NCA. If you are in default or breach of this credit agreement, then without affecting the Credit Provider s other rights in contract or law, the outstanding principal debt plus interest (where applicable) and other fees and charges will become immediately payable as from the date of default or breach. FNB can also at any time when you commit an act of default or breach terminate this credit agreement and claim the full outstanding amount you owe it under this credit agreement without affecting any of its other rights. 7.3.2 The following process will be followed if you are in default under this credit agreement for at least 20
(twenty) business days: FNB will inform you of this in writing. The notice will give you at least 10 (ten) business days to do one of the following: a) rectify the default i.e. make the required payments; b) refer this credit agreement to a debt counsellor to develop and agree on a plan to bring the payments under this credit agreement up to date; c) refer the matter to an Alternative Dispute Resolution Agent, Consumer Court or Ombudsman with jurisdiction to resolve a dispute. 7.3.3 If you don t rectify the default or use the other options given to you within the 10 (ten) business days, FNB or RMB Private may take legal action against you, and if successful get a judgment against you. If this credit agreement is being reviewed under Section 86 of the NCA (debt review) and the debt review has not been finalized within 60 (sixty) business days after the date on which you applied for the debt review and you are in default of this credit agreement, FNB may give you notice to terminate the debt review under section 86 (10). 7.3.4 The credit bureau provides a credit profile on persons and possibly a credit score on the credit worthiness of persons. You have the right to contact any credit bureau to ask for information about your credit record and to correct any information that is wrong. You agree that the FNB can share Information about your non-compliance with the terms and conditions of this agreement with credit bureau and other divisions of FNB. 7.3.5 You will receive at least 20 (twenty) business days written notice of the FNB s intention to submit adverse information about you to a credit bureau. We obtain and share information with the following credit bureaus: TransUnion ITC Tel: 0861 482 482; Experian Bureau (Pty) ltd Tel: 0861 105 665; Expert Decision Systems (XDS) Tel: 0860 937 000; and Compuscan, Tel: 0861 514 131. 7.3.6 You may settle the incidental credit agreement at any time with or without giving FNB notice and by paying the outstanding/settlement amount. 7.3.7 You have the right to apply to a debt counselor for debt review in the prescribed manner and form to have yourself declared over-indebted. The debt counselor may require you to pay a prescribed application fee. The debt counselor will notify all your Credit Providers and every registered credit bureau of the application for debt review. The debt counselor must determine in the prescribed manner and within the prescribed time whether you appear over-indebted and upon your request whether any of the credit agreements appear to be reckless. The debt counselor s assessment may reveal that you are not over-indebted; experiencing or likely to experience difficulty in paying what you owe under credit agreements in a timely manner or are over-indebted. If the debt counselor rejects your application for debt review then you may, with the permission of the Magistrates Court, apply to the Magistrates Court to be declared over-indebted. 7.3.7 You agree that FNB may send you any communication, which includes any document, form or notice by hand, ordinary mail, prepaid registered mail; fax; e-mail or printable webpage. 7.3.8 Documents, forms, notices or processes that FNB must by law serve on you will be served at your physical address as recorded in the Quotation. (This is your domicilium citandi et executandi address, your chosen address to receive legal documents.) 7.3.9 Any legal notice, form, document or process you want to send to FNB must be delivered to the following address: 3rd Floor; 1 First Place; Bank City; Corner Simmonds and Pritchard Streets; Johannesburg; 2001. Either you or FNB may change the above addresses (to another address by giving each other written notice (by hand; prepaid registered mail or e-mail) of the new address. Notice must be given of the change at least 10 (ten) business days before the change will apply.
7.3.10 A document; form; notice or process will be treated as having been received by the party to whom it was sent: 7.3.10.1 If delivered by hand during normal hours on the date it was delivered. 7.3.10.2 If posted by prepaid registered mail at 10h00 on the fourth day after the post office issued the registration receipt. 7.3.10.3 If posted by ordinary mail at 10h00 on the fourth day after the document is posted. 7.3.10.4 If sent by fax on the date shown on the receipt the fax machine generates. 7.3.10.5 If sent by e-mail or printable webpage on the date on which the notice was e mailed. 7.3.11 Under section 45 of the Magistrates Court Act 1944 you consent to FNB enforcing this credit agreement in a Magistrates Court that has jurisdiction. FNB may still at its discretion enforce this credit agreement in the High Court of South Africa or any other court with jurisdiction. 7.3.12 A certificate signed by any authorized employee of FNB (whose appointment; authority or signature the Bank does not have to prove) will be evidence of this credit agreement with you, your account, what you owe FNB, the interest rate (where applicable) that applies and any other matter arising from this credit agreement with you, unless you can prove otherwise. 7.3.13 Each and every clause of this credit agreement is severable from the others. This means that if any one or more of the clauses are held to be invalid, the rest of the agreement will still apply to the extent that the NCA allows for this. 8 LIMITATION OF LIABILITY 8.1 We will not be liable for any loss or damage which you incur arising as a result of: 8.1.1 Loss of your SIM card, which loss you fail to report to us. 8.1.2 Any event which is beyond our control including but not limited to delays, cancellations, duplicate purchases, or force majeure. 8.1.3 Delays in delivery. We will not be liable for any loss or damage you may suffer if the voice services sim card/s are not delivered within our estimated or agreed delivery times. 8.1.4 Errors and omissions. We reserve the right to correct at any stage all errors and omissions of the advertised prices of voice services. 8.1.5 We reserve the right to withdraw and change, from time to time and without prior notification, any advertised discount on voice services. FNB cannot be held liable for any damages, howsoever arising, which you have may have suffered, relating directly and/or indirectly to such withdrawal and/or change of an advertised discount. 9 DISPUTE RESOLUTION 9.1 If a dispute arises between you and FNB, you can send a complaint to us at care@fnb.co.za. You may also dial 147 from connect a SIM card or call 087 575 0147 to report a complaint. FNB will respond to you in writing where applicable. 9.2 If your dispute is not resolved, you can lodge a dispute with the Ombudsman for Banking Services at telephone number (011) 712 1800, or www.obssa.co.za. 9.3 You can also refer the matter to the National Consumer Commission with contact details: 086 026 6786 or www.nccsa.org.za, or the National Consumer Tribunal with contact details: 12 683 8140 or www.thenct.org.za 10 GENERAL 10.1 The laws of the Republic of South Africa govern this agreement. 10.2 While FNB may give you extra time to comply with your duties to us under this agreement or decide not to exercise some or all of our rights against you, you must not assume that this means that our agreement with you has been changed, or that it no longer applies to you, or that FNB has waived
(given up) all or some of its rights. FNB can still insist that you comply with your duties to it, or enforce any of its rights against you at a later stage. 10.3 Every clause in this agreement is severable from the other clauses in this agreement. This means that even if a court finds that one or more clauses are invalid the rest of the clauses will still apply. 10.4 If FNB needs to take legal action against you, one of our employees (who need not prove his/her appointment) will produce a certificate to the court, recording the amount you owe us. If you disagree with this certificate, you will have to prove that it is incorrect. 10.5 FNB reserves the right at any time to terminate this offer without prior notification.