polka Wireless Broadband Terms and Conditions (Vodacom 3G) with Installment Sale Terms
A. COMPONENTS OF THIS AGREEMENT
1 The Agreement consists of the following:
1.1 the Application Form;
1.2 Vodacom 3G Terms (Part B);
1.3 Installment Sale Terms (Part C);
1.4 General (Part D);
1.5 General Terms and Conditions and other notices published under “General” on our Legal Notices Webpage.
B Vodacom 3G Service Terms
2 Introduction
2.1 By using or subscribing to the Vodacom 3G you agree that you have read, understand and are bound by:
2.1.1 the Polka General Terms and Conditions and other notices under “General” on our Legal Notices Webpage; and
2.1.2 the terms that apply specifically to the Vodacom 3G Service, as set out herein (“Vodacom 3G Service Terms”).
2.1.3 To the extent that there is any contradiction between the Polka General Terms and Conditions, and these Vodacom 3G Service Terms, the following order of precedence shall apply: (1) the Vodacom 3G Service Terms; and (2) the Polka General Terms and Conditions.
3 Interpretation
3.1 Unless the context clearly indicates to the contrary, the following words bear the meanings ascribed thereto below:
3.1.1 "Agreement" means the Application Form and the terms and conditions referred to in clause 1.1 above;
3.1.2 "Application Form" means the document in terms of which you apply for the Service and provide personal and other information to us;
3.1.3 "Blacklist" means the disablement, by electronic or other means, of your SIM and/or Data Card, thereby preventing the unauthorized use thereof;
3.1.4 "Call Centre" means our dedicated customer service centre which is available on 08600 2000, Monday to Friday 08h00 to 19h00, Saturday 8h00 to 17h00 and Sunday 10h00 to 15h00;
3.1.5 "Data Card" means a PCMCIA card or USB device which is required to access the Network;
3.1.6 "Electronic Communications Act" means the Electronic Communications Act, 2005;
3.1.7 "Equipment" means the hardware which is required to access the System and includes (without limitation) a Data Card, router and such other device or devices as may be required for this purpose from time to time;
3.1.8 "Greylist" means the flagging on the System of a SIM and/or Data Card for purposes of the identification of your Subscriber Number in order to facilitate the possible tracing and recovery of your SIM and/or Data Card under circumstances where your SIM and/or Data Card have been stolen;
3.1.9 "Initial Period" means the period selected by you on the Application Form, which will commence on the Activation Date;
3.1.10 "Monthly Access Fee" means the monthly subscription fee paid by you to us in consideration for the Service as recorded in the Application Form;
3.1.11 "Network" means the mobile cellular electronic communications network operated by the Network Operator;
3.1.12 "Network Coverage" means the geographical area within which the Service can be accessed and used by you;
3.1.13 “Network Operator” means Vodacom (Pty) Ltd;
3.1.14 "Service" means the 3G Wireless Broadband Internet Service provided to you in terms of this Agreement;
3.1.15 "Services Charges" means the different fees for the Service as recorded in clause 10.1 below;
3.1.16 "SIM Card" means your identity module card, which bears your Subscriber Number and enables you to access the System;
3.1.17 "System" means the digital cellular mobile telecommunications system of the Network Operator;
3.1.18 "Subscriber Number" means the mobile station integrated services digital network number allocated to you for the purpose of obtaining the Service; and
3.1.19 "VSP" means Vodacom Service Provider Company (Pty) Ltd, which supplies access to the Network.
4 Duration and Termination
4.1 Subject to the provisions of clause 3.8 of the General Terms and Conditions, this Agreement will commence on the Effective Date and will, remain in force for the duration of the Initial Period, whereafter it shall continue indefinitely subject to termination by either party on 60 (sixty) days written notice to the other.
4.2 You are entitled to renew the Agreement for another fixed term period of at least 24 (twenty four) months (“Renewal Period”), to follow immediately upon the expiry of the Initial Period, against payment of such charges as we may prescribe at the time. We will supply a new Data Card (“Hardware Upgrade”) to you upon the expiry of the Initial Period, should you renew the Agreement as contemplated in this clause 4.2.
4.3 The Agreement will endure for the duration of the Renewal Period, whereafter it shall continue indefinitely subject to termination by either party on 60 (sixty) days written notice to the other.
4.4 Should you in breach of clauses 4.1 and 4.3 terminate this agreement at any time prior to the expiry of the Initial Period or at any time prior to the expiry of the Renewal Period, as the case may be, we will be entitled to claim payment from you of the balance of the Monthly Access Fee due in respect of the unexpired portion of the Initial Period or Renewal Period, as the case may be. Early termination will be accepted on 60 (sixty) days prior written notice to us.
4.5 Upon the termination of the Agreement, your use of the Service shall terminate. However, in the event that you continue to use the Service following a termination, these terms and conditions will apply and you shall be liable to make payment to POLKA of the applicable Service Charges. This shall in no way constitute a revival of the Agreement, and POLKA shall be entitled to terminate the Service without notice to you.
4.6 Where the Service is suspended by POLKA in terms of clause 8.5.3 of the General Terms and Conditions or as a result of a breach by you of the Agreement, you acknowledge that you will forfeit your access to and/or use of the Service, but that you shall still be liable to pay the Monthly Access Fee due to us during such suspension.
5 POLKA’s Obligations
POLKA will:
5.1 procure the delivery of the Data Card and SIM Card to you;
5.2 provide you with the Internet Connectivity selected by you in the Application Form;
5.3 make Call Centre support available to you;
5.4 bill you for the Service;
5.5 collect the Service Charges from you; and
5.6 promptly upon notification from you lock or temporarily disconnect a lost, stolen, damaged, or destroyed SIM Card from the System.
6 Value Added Services
POLKA will provide you with the value added services listed below free of charge:
6.1 Mailbox and POLKA e-mail address
6.1.1 The mailbox service is provided to you subject to the terms and conditions applicable to mailboxes which are available here.
6.1.2 You accept full responsibility for the content of any e-mail sent and/or received through the Service.
6.1.3 In order to keep our mail servers efficient, the following restrictions will apply to your mailbox:
6.1.3.1 any mail that has not been retrieved (downloaded) from our mail server after 90 (ninety) days, will be purged unless you have stored the mail on a folder you have created on the POLKA message centre;
6.1.3.2 if your mailbox size is 1 Gig or larger, POLKA will not purge your mail;
6.1.3.3 if you exceed your mailbox size, no new mail or attachments will be delivered to your mailbox;
6.1.3.4 you will, however, be able to receive mail again if you either delete mail and/or attachments from your mailbox or by purchasing additional mailbox space;
6.1.3.5 subject to any other technical limitations, POLKA restricts the size of an individual mail, sent or received, to 10Mb per mail; and
6.1.3.6 the number of recipients on your mailing list may not exceed 20 (twenty).
6.2 Wi-Fi Minutes
6.2.1 POLKA will provide you with 300 (three hundred) free minutes at the beginning of each month to enable you to connect to the Internet at POLKA wi-fi enabled hotspots.
6.2.2 You acknowledge and agree that:
6.2.2.1 in the event that you have used all your free monthly wi-fi minutes, you may contact our Call Centre to purchase additional wi-fi minutes; and
6.2.2.2 no unused wi-fi minutes will be carried over to the following month.
6.3 Virus scan and Anti spam protection
6.3.1 The Service provides you with a virus scan for incoming and outgoing emails, as well as an anti spam protection service.
6.3.2 You acknowledge that POLKA does not warrant, represent and/or guarantee the efficiency of the virus scan or that the spamming of e-mails, content and/or data sent through the Service will be successful.
6.4 It lies within the discretion of POLKA to terminate the provisioning of one or more of the value added services during the term of the Agreement, or not to provide the value added service at all. You will be notified in the event of a termination of a value added service.
7 Your Package
7.1 You have selected the package reflected under “Services” on the Application Form, e.g. 1 Gig. This is referred to as your “Bundle”.
7.2 When you exceed your Bundle, we will charge you for additional data at a rate of R 1.20 per megabyte (or R 1,00 per megabyte on the 3 Gig and 5 Gig packages), up to a maximum of R 1000 (one thousand Rand). The R 1000 (one thousand Rand) threshold is referred to as your “Automatic Credit Limit”. once you reach your Automatic Credit Limit we will suspend your access to the Service. You are entitled to increase your Automatic Credit Limit by contacting our Call Centre. We do not guarantee the efficiency of the Automatic Credit Limit and you remain responsible to monitor your usage of the Service.
7.3 You are entitled to upgrade to a higher Internet traffic package offered as part of the Service at any time during the Initial Period or a Renewal Period.
7.4 You are entitled to downgrade to a lower Internet traffic package, provided that such downgrade is not done within the first 3 (three) months immediately following the Activation Date. A downgrade will attract a variable penalty fee as determined by us from time to time.
8 Your Obligations
8.1 You require a Laptop / PC, a Router (optional), a Data Card and a SIM Card to use the Service.
8.2 You are required to ensure that the Equipment that you intend to use in order to receive the Service is compatible with our technical specifications, which are available on our website.
8.3 You must contact our Call Centre within 48 (forty) eight hours of delivery of the Data Card to you in order to activate the provisioning of the Service, failing which your Subscriber Number will be withdrawn and this Agreement will terminate with immediate effect. You will however remain liable for payment of all amounts due to us by you under the Agreement.
8.4 In the event of the theft of your Data Card, you will request us to Blacklist or Greylist your Data Card.
8.5 You must notify us of the theft, loss, damage to or destruction of your SIM Card. Upon notification your liability hereunder will be limited to payment of the Monthly Access Fees relative to the SIM Card for the remainder of the Initial or Renewal Period, as the case may be.
8.6 Without limiting the General Terms and Conditions, you:
8.6.1 agree not to use the Service for any improper, immoral, unlawful or any other purpose including, without limitation, the use of the Service in any manner that:
8.6.1.1 Interferes with POLKA’s and/or the Network Operator’s ability to provide the Service or any other service to their customers;
8.6.1.2 interferes with the quality and/or availability of the Network; or
8.6.1.3 infringes upon any applicable legislation and/or regulation including without limitation the Electronic Communications Act;
8.6.2 agree not to use the Service to infringe the intellectual property rights or other proprietary rights of POLKA and/or any other person or to post or transmit anything which contains viruses or any other destructive features, regardless of whether or not damage is intended; and
8.6.3 agree not to act or omit to act in any way which may damage any property or the System or cause the quality of the Service to be impaired in any manner whatsoever.
8.7 You shall notify us forthwith in writing of any change to your information or details.
8.8 You agree that we may use and make your information available to VSP to maintain a comprehensive and accurate database of our Subscribers, and for such other purposes as we may require in order to give effect to our obligations under the Agreement
9 Equipment
9.1 We reserve the right, without cost or penalty to ourselves, to vary any name, code or number relating to or used in connection with the Service offered to you, and you indemnify us against any liability of any nature whatsoever arising in connection with such action.
9.2 All rights of ownership attaching to your Subscriber Number and SIM Card shall at all times remain vested in VSP.
9.3 Risk in and the responsibility for the Data and SIM Cards will pass to you on delivery thereof. You are required to put insurance in place for the Data Card.
9.4 All rights of ownership attaching to the Data Card will vest with the VSP during the Initial Period, or the Renewal Period, as the case may be. Upon the expiry of the Initial Period, or the Renewal Period, as the case may be, ownership of the Data Card, but excluding the software contained in the Data Card (the use of which is licensed to you by VSP), will pass to you provided that you have made payment in full of all amounts of whatsoever nature due by you to us during the Initial Period, or the Renewal Period.
10 Payment
10.1 You will be liable for payment of the following Service Charges:
10.1.1 The charge for the SIM Card and connection to the System– this is a once-off charge;
10.1.2 Monthly Access Fee (under which your Data Card is pro rated) – you will be billed for this monthly in advance;
10.1.3 Call Charges- you will be billed for data and call charges in respect of any other services (for example SMSs) monthly in arrears based on your usage.
10.2 The Service Charges exclude value-added tax which shall be borne and paid for by you.
10.3 You will make payment of the Services Charges to POLKA in accordance with the procedure set out at http://www.polka.co.za/services/myaccount
10.4 The Monthly Access Fee in the first month of subscription will be pro- rated where the Service is not activated at the beginning of the calendar month.
10.5 We reserve the right to amend the charges and fees payable by you from time to time on 1 (one) month’s notice to you as provided for in clause 8.6 of the General Terms and Conditions, subject to the condition that any variation in the charges and fees will correspond where applicable with those charges and fees approved by the Authority.
10.6 You acknowledge and agree that POLKA shall be entitled to levy usage charges (“Excess Usage Charges”) for each megabyte of Internet connectivity in excess of your Bundle as detailed in clause 7.2 above. Excess Usage Charges will be billed for monthly in arrears.
10.7 Subject to the provisions of clause 8.4 of the General Terms and Conditions, failure to effect payment as provided for hereunder may result in the suspension or termination of our provision of the Service to you. Under such circumstances you will forfeit your right to access and use the Service, but you shall remain liable to pay the balance of the Monthly Access Fee due to us under the Agreement.
10.8 Subject to the provisions of clause 8.4 of the General Terms and Conditions, VSP and/or POLKA may, in the event that you fail to make payment of any amount due to us by you (and irrespective of whether ownership in the Data Card has passed to you), Blacklist your Data Card and/or your SIM Card, as a result of which you will not be able to access the System.
10.9 We furthermore reserve the right to levy a reasonable charge for the Blacklisting or removal from the Blacklist on your request of your Data Card and/or SIM Card. Such charge will be due and payable by you within 30 thirty) days of the date of our invoice.
10.10 You indemnify us against any claim or liability of whatsoever nature arising from the Blacklisting of your Data Card and/or SIM Card as provided for in this clause 10.
11 Disclaimer
11.1 POLKA undertakes to use its reasonable endeavors to facilitate the provisioning of the Service to you on a 24 (twenty four) hours per day basis on each and every day for the duration of the Agreement.
11.2 You nevertheless acknowledge and agree that:
11.2.1 service quality, coverage and availability of the Service is limited to that provided by the Network Operator and the System and the Service may, from time to time, be adversely affected by physical features such as buildings and underpasses as well as atmospheric conditions and other causes of interference; and
11.2.2 you shall not hold us liable for the non-availability of the Service or an alleged inadequacy of the quality thereof.
11.3 Without derogating from the generality of the aforegoing, you hereby indemnify us and hold us harmless against any loss, liability, cost or damage suffered by you or any third party, as the case may be, arising from the negligent provisioning of the Service or the negligent operation of the System, including but not limited to any indirect, contingent or consequential loss, including loss of revenue, loss of data, loss of business and loss of profit, howsoever arising.
11.4 You further acknowledge that:
11.4.1 POLKA does not warrant, represent nor in any way guarantee the quality and availability of the Network Coverage for the Service;
11.4.2 The quality and availability of the Network Coverage for the Service shall be limited to that provided by the Network Operator.
12 Termination of Network Operator Agreement
You agree that if the agreement between POLKA and VSP terminates then POLKA may, at its discretion:
12.1 terminate the provisioning of the Service without liability to you on notice in writing;
12.2 transfer the provisioning of the Service to a third party service provider and assign this Agreement to such third party; or
12.3 assign this Agreement to the Network Operator.
13 Warranty
The Data Card is subject to a 24 (twenty four) month manufacturer’s warranty.
C Instalment Sale Terms
1 Introduction
1.1 The Installment Sale Terms comprise the terms and conditions under which we will sell the PC or Notebook selected by you in the Application Form to you.
1.2 You may not buy a PC or Notebook from us under the Installment Sale Terms, without simultaneously subscribing to the Vodacom 3G Service under the Vodacom 3G Service Terms contained in Part B.
1.3 To the extent that there is any contradiction between the General Terms and Conditions, the Vodacom 3G Service Terms and these Installment Sale Terms, the following order of precedence shall apply: (1) the Installment Sale Terms; (2) the Vodacom 3G Service Terms; and (3) the General Terms and Conditions.
1.4 Unless the context clearly indicates to the contrary, any term defined in the Polka General Terms and Conditions shall bear the same meaning when used herein.
1.5 In order to make use of the offer, you are required;
1.5.1 to pay us an upfront, non-refundable pre-payment fee of R 350.00 (three hundred and fifty Rand) (inclusive of VAT) (subject to 7.3 below);
1.5.2 to subscribe with polka for access for a period of 36 months, by accepting the Polka General Terms and Conditions; and
1.5.3 to accept these Installment Sale Terms for the purchase of a Personal Computer (“PC”) or Notebook as the case may be.
2 Interpretation
In these Installment Sale Terms, unless the context clearly shows a contrary intention:
“Business Day” means every day of the week except Saturdays, Sundays and official public holidays of the Republic of South Africa;
“Business Hours” means 08h00 to 1700 on a Business Day;
“Call Centre” means the polka customer service centre which you can reach on telephone number: 0860 00 4455;
“Designated Areas” means those towns to which IS will deliver the Units itself, which can be accessed on our website;
“IS” means Incredible Solutions SA (Pty) Ltd, which is Polka’s preferred hardware supplier;
“PC” shall include a Notebook, where applicable;
“Purchase Price” means the Principal Debt, interest and finance charges;
“Principal Debt” means the selling price of the Unit;
“Unit” means the PC Bundle Product Option selected by you in the Application Form and items other than the PC, if any, which form part of the Option concerned;
“Warranty” means the manufacturer’s warranty which accompanies each Unit, a copy of which is included with the packaging of a Unit; and
“Warranty Claim” means any claim resulting from a hardware failure which is covered by the Warranty.
3 Scope of the Installment Sale
We will make the Unit available to you subject to the following terms and conditions:
We will advance credit to you in order to facilitate the purchase.
The total value of the credit will be made available to you on the Activation Date.
The Principal Debt is deferred and is to be paid in monthly installments as provided for below (“Installment Sale”).
The Installment Sale is subject to a variable interest rate.
Possession and use of the Unit is transferred to you upon delivery of the Unit, from which time the risk in and to the Unit will vest with you.
Ownership of the Unit will only pass to you once you have settled the Purchase Price in full.
4 Polka’s obligations:
4.1 We will upon receipt of the signed Application Form and the Pre-payment Fee as provided for in clause 1.5.1 above:
4.1.1 allocate a user name, email address and password to you; and
4.1.2 submit an order to IS to deliver the Unit to you.
4.2 You will be informed telephonically of proposed delivery dates and times.
4.3 Subject to the provisions of clause 5.2 of the General Terms and Conditions, IS, or its duly appointed and authorized courier service, will deliver the Unit to you at your address of delivery within 7 (seven) days of Activation Date. Delivery will take place during Business Hours.
4.4 The Unit will be equipped with operating system software.
4.5 If the Unit is a Notebook, same will be assembled, tested and resealed prior to the delivery date.
4.6 If the Unit is a PC and you live within a Designated Area, IS will assemble and set-up the PC for you.
4.7 If you live outside the Designated Areas, the Unit will be delivered to you by a courier company. Under these circumstances, you will be required to contact the Call Centre to assist you with the set-up of your PC.
5. Warranty in respect of the Unit
5.1 The Warranty is valid for a period of 12 (twelve) months from the Activation Date.
5.2 The Warranty covers only the hardware components of your Unit. Accordingly, only defective hardware components will be replaced or repaired.
5.3 You are required to comply with the provisions set out in the Warranty in relation to inter alia the use and maintenance of your Unit. Failure to comply with such provisions may invalidate the Warranty.
5.4 Your Unit is subject to one of 3 (three) warranty services:
5.4.1 On site warranty service;
5.4.2 Carry in and repair warranty service; and
5.4.3 Out of Box warranty.
5.5 In the event that the on site warranty service is required, you will inform IS or polka of the Warranty Claim within a reasonable period of time:
5.5.1 IS will determine, either remotely or by a service call at your location, whether the defect can be repaired.
5.5.2 If IS is liable for a Warranty Claim, IS shall repair the Unit.
5.5.3 If the Unit is not in a position to be repaired, IS will replace the Unit with another Unit which performs substantially the same as your Unit; and give another Warranty in respect of that Unit, which will be subject to the terms and conditions regulating the Warranty in these Installment Sale Terms.
5.5.4 The cost of transport, repair, delivery and insurance forms part of the Warranty.
5.6 In the event that a carry in and repair warranty service is required, you will deliver the defective Unit to an authorized IS service location for repair.
5.6.1 You will be liable for the cost incurred in the transport, delivery to and collection of the Unit from IS.
5.6.2 IS will carry the cost of repair of the Unit.
5.6.3 If IS is not in a position to repair the Unit, IS will replace the Unit with another Unit which performs substantially the same as your Unit; and give another Warranty in respect of that Unit, which will be subject to the terms and conditions regulating the Warranty in these Installment Sale Terms.
5.7 IS warrants the functionality of the Unit upon delivery thereof. In the event that the Unit is defective, you will report the claim to IS within 5 (five) days of delivery of the Unit to you:
5.7.1 IS will collect the defective Unit from your designated address to attend to the repair thereof.
5.7.2 IS will deliver the repaired Unit to you at your designated address.
5.7.3 IS will carry the cost of collection, repair, insurance, and delivery to you under these circumstances.
5.7.4 If IS is not in a position to repair the Unit IS will replace the Unit with another Unit which performs substantially the same as your Unit; and give another Warranty in respect of that Unit, which will be subject to the terms and conditions regulating the Warranty in these Installment Sale Terms.
6. Your obligations
6.1 You must have a Telkom line at your location in order to gain Access to polka Internet.
6.2 You are required to acknowledge receipt of the Unit by affixing your signature to the delivery note which will be presented to you.
6.3 You will also be required to furnish IS with a copy of your ID.
6.4 If you are not taking receipt of the Unit yourself, you must furnish the person who will accept delivery on your behalf, with a letter of authorization signed by you and a copy of your ID. The aforementioned documentation will constitute proof of delivery to you. IS will be entitled to retain the aforementioned copy of your identity document for record keeping purposes, and will further be entitled to make a copy available to Polka upon request.
6.5 You are required to keep the Unit in your possession or under your control at all times and you must maintain the Unit in good working condition at your expense. In this regard, you are required to comply with the “Customer’s Responsibilities” which forms part of the Warranty,
6.6 If the Unit is not kept at the address of delivery, then you are required to inform us where it is kept.
6.7 You may not give the Unit to another person or sell, let, loan, pledge or transfer the Unit to another person without our prior written consent and you may not allow the Unit to become subject to an attachment or any legal claim by a third party.
6.8 You will allow us to inspect the Unit at any reasonable time and arrange for access to the Unit if necessary.
7 Purchase Price
7.1 The Purchase Price of your Unit is the following:
Notebook Option 3 R8054
7.2 The monthly minimum instalment (“Instalment”) on the Purchase Price of your Unit including interest charges, but excluding the Monthly Access Fee and Usage fees, if any, is as follows:
Notebook Option 3 R 214
7.3 The Pre-payment Fee will be appropriated towards the reduction of the Purchase Price during the first calendar month following the signature of the Application Form.
7.4 The Purchase Price is inclusive of VAT.
7.5 Polka reserves the right to adjust the finance charges in accordance with the provisions of the applicable legislation from time to time.
8. Payment Terms
8.1 You are required to pay the Pre-payment Fee on or before the Activation Date into our bank account, details of which are as follows:
Polka
Bank: Standard Bank
Branch : Tyger Manor
Branch Code : 050410
Account number: 071927182
Reference: Your Customer Number
8.2 You are required to make payment to us of 36 (thirty six) monthly installments.
8.3 The first installment will be due on the first day of the calendar month following the Activation Date.
8.4 The last installment will be due on the first day of the 36th month following the Activation Date.
8.5 Your monthly installment is due and payable in advance, by way of a direct debit order, as provided for in clause 8.3 of the General Terms and Conditions.
8.6 Penalty interest will be charged on any arrear Installment, at the same interest rate, which we charge you on the Principal Debt.
8.7 We will deduct your Service Charge and Installment together at the beginning of each calendar month.
8.8 You are entitled to settle the Purchase Price subject to giving us 1 (one) month prior written notice, on the understanding that you will be liable to subscribe to polka internet for a minimum period of 12 (twelve) months. After the expiry of the 12th month period, your subscription will be extended on a month to month basis, subject to termination on 1 (one) month’s prior written notice by either party.
8.8.1 The settlement amount will consist of the following:
8.8.2 the unpaid balance of the Principal Debt;
8.8.3 the unpaid interest charges;
8.8.4 all other fees payable by you up and to the settlement date.
9. Duration
These Installment Sale Terms will commence on the Effective Date and will continue for an uninterrupted period of 36 (thirty six) months. Notwithstanding the Effective Date, the aforesaid 36 (thirty six) month period will commence and be calculated from the Activation Date, and will continue concurrently with the polka Internet Access Service Terms, unless the entire outstanding balance of the Purchase Price is settled by you prior to the expiry of the 36 (thirty six) month period of the Installment Sale Terms, or if these Installment Sale Terms is terminated for any reason. If these Installment Sale Terms are terminated you will remain bound by the Vodacom 3G Service Terms for the duration thereof, subject to clause 4.4 of part B.
D GENERAL TERMS OF THE AGREEMENT
1 Breach
1.1 Should you be in breach of any provision of this Agreement, then we shall be entitled, without prejudice to any other rights that we may have at law or under this Agreement, to:
1.1.1 in the case of a breach of clause 8.5 of the General Terms and Conditions in respect of your non-payment of the Subscription Fee, Usage Fees or Installment, suspend your access to the Vodacom 3G Service without notice, until such time as any outstanding amount has been paid in full (under which circumstances we reserve the right to charge a reconnection fee, the amount of which will be conveyed to you at the time of reconnection); or
1.1.2 in the case of a breach of clause 8.5 of the General Terms and Conditions in respect of your non-payment of an Installment, take the Unit back, sell the Unit, keep such payments as you have made, and claim the balance, if any, from you as damages; or
1.1.3 terminate the Agreement with immediate effect, retain all amounts already paid, claim immediate payment of all outstanding amounts due by you; or
1.1.4 claim damages or specific performance or both.
1.2 If the Unit is disposed of by you, lost or stolen and not recovered within 21 (twenty one) days, or is destroyed or damaged beyond economic repair, then this Agreement will terminate with immediate effect and the provisions of clause 1.1.3 of this Part D will apply.
© Polka 080617/am