Polka Wireless Broadband Internet Services: Terms and Conditions

1. Interpretation

1.1 Unless the context clearly indicates the contrary, any term defined in the Subscriber Terms when used herein, shall bear the same meaning as defined in the Subscriber Terms.

1.2. To the extent that there is any contradiction between the Subscriber Terms and these Terms and Conditions the following order of precedence shall apply:

(i) these Terms and Conditions; and

(ii) the Subscriber Terms.

1.3. Unless the context clearly indicates to the contrary, the following words bear
the meanings ascribed thereto below:

1.3.1. Agreement means the Application Form and these Terms and Conditions;

1.3.2. Application Form means the application form completed and signed by
you for the activation of the Service;

1.3.3. Blacklist means the disablement, by electronic or other means, of your
SIM and/or Data Card, thereby preventing the further use thereof;

1.3.4. Bundle means the 3G/HSDPA product selected by you under “Please choose your
Service” on the Application Form, i.e. 40 MB, 500 MB, 1 Gig, 2 Gig or 3 Gig;

1.3.5. Call Centre means our dedicated customer service which centre is
available on 0860 00 44 55;

1.3.6. Connection Date means the date on which the Service is activated for
use by you;

1.3.7. Data Cap means the limit of your Bundle, i.e. 40 MB, 500 MB, 1 Gig, 2 Gig or 3 Gig;

1.3.8. Data Card means a PCMCIA card or USB device used to access the
Network;

1.3.9. Electronic Communications Act means the Electronic Communications
Act no 36 of 2005, as amended;

1.3.10. Equipment means the hardware that you require to access the System
and may include without limitation a Data Card, router and such other
device or devices as may be required for this purpose from time to time;

1.3.11. Greylist means the flagging, on the System, of a SIM and/or Data Card, for
purposes of the identificationof your Subscriber Number in order to
facilitate the possible tracing and recovery of your SIM and/or Data Card;

1.3.12. Hardware Upgrade means the supply of a new Data Card to you upon the expiry of
             the Initial Period, against payment of any charges therefore and the simultaneous
             renewal of your subscription to the Service for a further minimum period of 24
             (twenty four) months;

1.3.13. Initial Period means 24 (twenty four) months , which will commence on the
Connection Date;

1.3.14. Network means the cellular network operated by the Network Operator;

1.3.15. Network Coverage means the geographical area within which the Service can be
accessed and used by you;

1.3.16. Network Operator means Vodacom (Pty) Ltd;

1.3.17. Out-of-Bundle Rates means the charges for additional data when you exceed your
Data Cap, as displayed under Step 2 on the Application form;

1.3.18. Service means the 3G Wireless Broadband Internet Service;

1.3.19. Services Fees means the Monthly Access Fee and Call Charges as set out in 8.1
below;

1.3.20. SIM Card means your identity module card, which bears your Subscriber Number
and enables you to access the System;

1.3.21. System means the digital cellular mobile telecommunications system of the
Network Operator;

1.3.22. Subscriber number means the mobile station integrated services digital network
number allocated to you for the purpose of obtaining the Service;

1.3.23. Subscriber Terms means the subscriber terms and conditions of use
which are available at http://www.polka.co.za;

1.3.24. Top-up means additional data to increase your Bundle, available for sale in the
measurements displayed on the Website;

1.3.25. use includes (without limitation) accessing, retrieving, downloading, logging on
to, subscribing to or viewing the Service;

1.3.26. VSP means Vodacom Service Provider Company (Pty) Ltd, which supplies access
to the Network;

1.3.27. we, us, our and polka means MultiChoice Subscriber Management
Services (Pty) Ltd - Internet Division, its affiliates andsubsidiaries;

1.3.28. Website means our website which is located at http://www.polka.co.za;

1.3.25. You means the subscriber to the Service.

2. Duration and Termination

2.1. The Service shall commence on the Connection Date and shall remain in force for the
        Initial Period, where after it shall continue indefinitely subject to termination by either
        party on 60 (sixty) days written notice to the other, save where the Initial Period is
        renewed in the event of a Hardware Upgrade (“a Renewal Period”).

2.2. Either party may cancel the Agreement after the expiry of the Renewal Period,
by giving the other 60 (sixty) days notice in writing.

2.3. In the event of termination by you prior to the expiry of the Initial Period, or a Renewal
        Period, as the case may be, we will be entitled to claim payment from you for the
        balance of the Monthly Access Fees due in respect of the Initial Period or Renewal
        Period, as the case may be.

2.4. In the event of a termination of the Agreement, your Use of the Service shall terminate.
        However, in the event that you Use the Service following a termination, these terms
        and conditions will apply and you shall be liable for payment to polka of the applicable
        Service Fee. This shall in no way constitute a revival of the Agreement, and polka shall
        be entitled to terminate the Service without notice to you.

3. Polka’s Obligations

Polka will:

3.1. Procure the delivery of the Data Card and SIM Card to you;

3.2. Provide you with Internet Connectivity selected by you in the Application Form, i.e. 40
MB, 500 MB, 1 Gig, 2 Gig or 3 Gig;

3.3. Make Call Centre support available to you;

3.4. Bill you for the Service;

3.5. Collect the Services Fees from you; and

3.6. Promptly upon notification from you lock or temporarily disconnect a lost, stolen,
damaged, or destroyed SIM Card from the System.

4. Value Added Services

polka will provide you with the value added services listed below free of charge:

4.1. Mailbox and polka email address

4.1.1. The mailbox service is provided to you subject to the terms and conditions
applicable to mailboxes available at Polka Mailbox Policy

4.1.2. You accept full responsibility for the content of any email sent and/or
received via the Service.

4.1.3. In order to keep our mail servers efficient, the following restrictions will
apply to your mailbox:

4.1.3.1. any mail that has not been retrieved (downloaded) from our mail server after 90
days, will be purged;

    4.1.3.2. if you exceed your mailbox size, no new mail or attachments will be delivered to
                  your mailbox. You will, however, be able to receive mail again if you either delete
                 mail and/or attachments from your mailbox or by purchasing additional space;

4.1.3.3. subject to any other technical limitations, polka restricts the size of an individual
mail, sent or received, to 10Mb per mail; and

4.1.3.4. the number of recipients on your mailing list may not exceed 20 (twenty).

4.1.3.5. the number of recipients on your mailing list may not exceed 20 (twenty).

4.2.1.1. Virus scan and Anti spam protection

4.2.2. Polka provides you with a virus scan for incoming and outgoing emails, as well as
an anti spam protection service.

    4.2.3. 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 via the Service will be successful.

4.3. It lies within the discretion of polka to terminate the provision 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 termination of a value added
        service.

5. Your Package

5.1. You can buy a Top-up from us:

5.1.1. prior to reaching your Data Cap, at any stage during the course of a calendar month;

5.1.2. directly from our Call Centre or online;

5.1.3. to automatically provide additional data to you once you reach your Data Cap.

5.2. If you chose not to buy a Top-up, but require additional data, we will automatically
provide you with additional data at the Out-of Bundle Rates when you exceed your
Bundle (“out-of-Bundle usage”):

5.2.1. We reserve the right to impose a credit limit on your out-of-Bundle usage. Once you
reach this credit limit we may suspend your access to the Service.

5.2.2. To reactivate the Service you could buy a Top-up from our call Centre. The Top-up will
immediately provide you with additional data.

5.2.3. We do not guarantee the efficiency of the credit limit or that it will be imposed at all,
           and make no representations in this regard. You ultimately remain responsible to
           monitor your usage of the Service, and will be liable for payment of all data capacity
           used.

5.3. No refund will be given for a Top-up not used by you.

5.4. A Top-up, or part thereof, not used during the course of a calendar month, will not be
carried over to the next calendar month.

5.5. You are entitled to upgrade to a bigger Bundle offered as part of the Service at any time
during the Initial Period or a Renewal Period.

5.6. You are entitled to downgrade to a smaller Bundle provided that such downgrade is
not done within 3 (three) months from the Connection Date. A downgrade will attract a
variable penalty charge.

6. Your Obligations

6.1. You require a Laptop / PC, a Router (optional), a Data Card and a SIM Card to use
the Service.

6.2. You are required to ensure that the hardware that you intend to use in order to receive
the Service, are compatible with our technical specifications, which are available on
our Website.

6.3. You should contact our Call Centre within 48 (forty) eight hours of delivery of the Data
       Card to you, in order to activate the provision 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 by you
       under the Agreement.

6.4. In the event of theft of your Data Card, you will request us to blacklist or greylist your
Data Card.

6.5. You will 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.

6.6. Without limiting the Subscriber Terms, you:

6.6.1. agree not to use the Service or for any improper, immoral, unlawful or any other
purpose including, without limitation, the use of the Service in any manner that:

(i) interferes with polka’s and/or the Network Operator’s ability to provide the Service
or any other service to its customers;

(ii) interferes with the quality and/or availability of the Network; or

(iii) infringes upon any applicable legislation and/orregulation including without
limitation the Electronic Communications Act;

    6.6.2. 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

6.6.3. agree not to act or omit to act in any way which may damage any property or the
System or however cause the quality of the Service to be impaired.

6.7. You shall notify us forthwith in writing of any change to your information or details.

6.8. You agree that we may use and make your information available to VSP to maintain a
comprehensive and accurate database of our Subscribers.

7. Equipment

7.1. 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.

7.2. All rights of ownership attaching to your Subscriber Number and SIM Card shall at all
times remain vested in VSP.

7.3. 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.

7.4. 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 will pass to
       you provided that:

7.4.1. 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 ; and

7.4.2. you did not receive a Hardware Upgrade during the Initial Period

8. Payment

8.1. You will be liable for payment of the following Service Fees:

8.1.1. The charge for the SIM Card and connection to the System– this is a once-off
charge;

8.1.2. Monthly Access Fee (under which your Data Card is pro rated) – you will be billed
for this monthly in advance;

8.1.3. Call Charges- you will be billed for data and call charges in respect of any other
services (for example SMS’es) monthly in arrears based on your usage

8.2. The Service Fees exclude value-added tax which shall be borne and paid by you.

8.3. You will make payment of the Services Fees to polka in accordance with the procedure
set out at Polka Subscriber Terms and Conditions of use

8.4. The Access Fee and Data in the first month of subscription will be pro rated, where the
Service is not activated at the beginning of the calendar month.

8.5. 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, subject to the condition that any variation in
        the charges and fees will correspond with those charges and fees approved by the
        South African regulatory authority.

8.6. You acknowledge and agree that polka shall be entitled to levy usage charges for each
megabyte of Internet connectivity in excess of your bundle as particularized in clause
5.2 above. Out-of-Bundle usage will be billed for monthly in arrears.

8.7. All payments made by you shall be made free of deduction, bank charges or
commission. You will not have the right to withhold any payment or to set off or reduce
such payment by reason of any claim which you may have or aver to have.

8.8. Failure to effect payment as provided for hereunder may result in the suspension or
        termination of the provision of the Service to you. Under these circumstances you will
        forfeit access to and Use of the Service, but remain liable to pay the balance of the
        Monthly Access Fees due under the Agreement.

8.9. VSP and/or polka may in the event of default on payment of any amount due 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.

8.10. 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 payable by you within 30 (thirty) days of invoice.

8.11. 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 8.

9. Disclaimer

9.1. Polka undertakes to use its reasonable endeavours to facilitate the provision 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.

9.2. You nevertheless acknowledge and agree that:

9.2.1. service quality, coverage and availability of the Service is limited to that provided by
           the System and the Service may, from time to time, be adversely affected by physical
           features such as buildings and underpass as well as atmospheric conditions and
           other causes of interference; and

9.2.2. you shall not hold us liable for the non-availability of the Service or an alleged
inadequacy of the quality thereof.

9.3. 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, in relation to the provision of he Service, the 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.

9.4. All warranties conditions or other terms, whether express, implied or tacit, by statute,
       common law or otherwise, as to the quality of the Service, the SIM Card, your
       Subscriber Number or their fitness for any particular purpose are hereby expressly
       excluded and we shall not be liable for any indirect or consequential claims, damages,
       expenses, costs, loss of profit, or any other claims arising out of any negligence or
       other act or omission or any breach or contract or statutory duty by polka, its employees
       or agents.

9.5. You further acknowledge that: (i) polka does not warrant, represent nor in any way
        guarantee the quality and availability of the Network Coverage for the Service; (ii) the
        quality and availability of the Network Coverage for the Service shall be limited to that
        provided by the Network.

9.6. You will have no claim of any nature whatsoever against polka where you use the
Service notwithstanding polka’s advice when you applied for the Service, that:

9.6.1. there is no or insufficient Network Coverage in the area in which you intended to
regularly use the Service; or

9.6.2. 3G/HSDPA is not available in the aforementioned area and that the Service will be
provided to you through either EDGE or GPRS.

10. Termination of Network Operator Agreement

You agree that if the agreement between polka and VSP terminates then polka may, at its discretion:

10.1. terminate the provision of the Service without liability to you on notice in
writing;

10.2. transfer the provision of the Service to a third party service provider and
assign this Agreement to such third party; or

10.3. assign this Agreement to the Network Operator.

11. Warranty

The Data Card is subject to a 24 (twenty four) month manufacturer’s warranty.

LAST UPDATED 080130/AM