Products Terms and Conditions : Polka Wireless Broadband 24-month Contract Terms and Conditions (iBurst)

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 the following order of precedence shall apply:
         (i) these Terms; and
         (ii) the Subscriber Terms.

1.3. Unless the context clearly indicates the contrary, the following words bear the meanings ascribed thereto-

1.3.1. “Application Form” means the application form completed and signed by you for
the initiation of the Service;

        1.3.2. “Device” means the iBurst equipment which will be sold to you as envisaged in
                    these Terms depending on your choices as set out in the Application Form
                    (under Step 1);

1.3.3. “Electronic Communications Act” means the Electronic Communications Act
no 36 of 2005, as amended;

        1.3.4. “Network” means
                    (i) the portion of the radio frequency spectrum that has been assigned to the
                          Network Operator for the purposes of wireless network coverage as
                          envisaged in the Electronic Communications Act; and
                    (ii) the wireless platform, owned and managed by the Network Operator;

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

1.3.6 “Network Operator” means iBurst (Pty) Ltd;

1.3.7 “Product Cap” means the bandwidth selected by you in the Application Form,

1.3.8. “Service” means the MWEB Wireless Broadband – iBurst service provided
to you as selected by you on the Application Form;

1.3.9. “Subscriber Terms” means the subscriber terms and conditions of use
which are available at http:/polka.co.za/Legal/tabid/760/Default.aspx

1.3.10. “Wireless Broadband Account” means your account with polka against which
your monthly subscription and booster charges will be charged;

2. Duration

2.1. The Service shall commence on the date of activation of the Service by polka and
continue for an initial period of 24 (twenty four) months (hereinafter referred to as the
"Initial Period").

2.2. Either party may terminate the Service at the end of the Initial Period by living 1 (one)
calendar month notice in writing. Any notice of termination given by you during the Initial
Period shall only become effective upon the expiry of the Initial Period.

2.3. If neither party has given notice as contemplated in clause 2.2 above, the Service shall
       continue indefinitely thereafter on the same terms and conditions, provided that either
       party shall be entitled to terminate the Service by giving 1 (one) calendar month in
       writing.

2.4. In the event of a termination, 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 to pay the full Service Fees to polka. This shall in no way
       constitute a revival of the agreement between the parties and polka shall be entitled to
       terminate the Service without notice to you.

2.5. To the extent that the Service is suspended by polka due to your default, you
acknowledge that you will forfeit your access to and/or use of the Service, but you shall
still be liable to pay the service fees during such suspension.

3. Service Fees

3.1. You shall pay polka the services fees specified in the Application Form monthly in
arrears.

3.2. Any service fees payable for the Booster referred to below shall be billed in arrears.

4. Undertakings and Acknowledgements

4.1. Polka undertakes to use its reasonable endeavours to procure that the Network
Operator provides you with the Service on a 24 (twenty four) hour per day basis on each
and every day for the continued duration of the agreement.

4.2. Although polka uses reasonable care and diligence to ensure that the Service is
       available, accurate, complete, correct, error-free, secure, upto- date and/or reliable,
       polka does not warrant represent or in any way guarantee either expressly or by
       implication that the Service will be available, accurate, complete, correct, error-free,
       secure, up-to-date and/or reliable. polka furthermore does not warrant, represent or in
       any way guarantee, either expressly or by implication the merchantability or fitness for a
       particular purpose. You therefore agree that the Service is rendered "as is" and “as
       available” and that it will be used at your own discretion and risk.

4.3. You acknowledge that:

       (a) the following circumstances and events may impact upon your use of the Service
             and/or the quality and coverage availability of the Service; and

       (b) that these circumstances and/or events are beyond polka’s control:
             (i)    use of the Service by other customers;
             (ii)   the Internet;
             (iii) the Network;
             (iv) the Network Coverage;
             (v)   limitations upon national and/or international bandwidth capacity;
             (vi) telecommunication service operator failures, which includes
                    telecommunication links and line failures;
            (vii) mobile telecommunication service operator failures;
            (viii) mobile network failures;
            (ix)   wireless network failures;
            (x)    operating systems;
            (xi)   access technology failures;
            (xii) quality of service of telecommunication links or lines and/or;
            (xiii) quality wireless telecommunications links, quality of the Network and Network
                     Coverage;
            (xiv) physical features such as buildings and underpass;
            (xv)   atmospheric conditions including without limitation bad weather conditions and
                     other causes of interference; and
            (xvi) any action, omission and/or failure by you and/or your systems, software,
                     network and/or equipment which has an impact on the Service; and
            (xvii) any other action, omission and/or failure not within polka’s control which has an
                     impact on the Service.

4.4. 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.

5. Terms and Conditions Specific to the Service

5.1. Polka shall as part of the Service provide you with Internet connectivity limited to the
Product Cap selected by you in the Application Form together with any value added
services provided by polka in its discretion from time to time.

5.2. You acknowledge that:

5.2.1. a Device is required to access and use the Service;

5.2.2. the Service shall be provided subject to the Network Operator’s use policies
which are accessible at http://www.iburst.co.za

        5.2.3 unused Product Cap will be carried over for one month – carried over cap will
                  expire at the end of that month. It is specifically agreed that should you not have
                  used the carried over cap fully you shall not be entitled to any credit and/or refund
                  for the unutilised portion in any manner whatsoever.

5.3. Without limiting the Subscriber Terms and/or iBurst acceptable use policies, you:

        5.3.1. agree not to use the Service for any unlawful, abusive or any other purpose
                   including, without limitation, using 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 and/or
                   (iii) infringes upon any applicable legislation and/or regulation including without
                          limitation the Electronic Communications Act;

        5.3.2. agree not 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.

5.3.3 acknowledge that you may downgrade the Service subject to payment of a
penalty determined by polka from time to time, on 30 days prior notice to us.

5.3.4 you acknowledge that you may upgrade the Service at no additional cost, on 30
days prior notice to us; and

        5.3.5 undertake to obtain any approval or authority imposed by a competent authority or
                  body (including without limitation body corporates, provincial and local
                  municipalities) relating to the installation of the Device, the supply of the Service
                  to you at your address, and matters related thereto. In this regard, you indemnify
                  polka against any claims, damages or liabilities instituted against, suffered or
                  incurred by polka arising from your failure to obtain such approvals and
                  authorities.

5.4. Provision of the Device

5.4.1. Polka shall sell the Device to you and you accept such sale.

5.4.2. You acknowledge that:

5.4.2.1. ownership in and to the Device shall vest with polka until the expiry of the
Initial Period;

                   5.4.2.2. Polka shall use its reasonable endeavours to comply with the agreed
                                 delivery dates. Notwithstanding the aforegoing, you acknowledge that the
                                 agreed delivery dates are only estimated delivery dates. Accordingly, you
                                 shall not be entitled to terminate this agreement or refuse to accept
                                 delivery of the Device because of polka’s failure to meet such delivery
                                 dates unless such delay is in excess of 14 (Fourteen) business days.
                                 You shall, without limiting the generality of the Subscriber Terms, not be
                                 able to hold polka, its suppliers or its agents liable under any
                                 circumstances, for any loss, damage, costs, expense or injury, including
                                 without limitation direct, indirect, incidental, special, punitive or
                                 consequential loss, loss of profit loss of anticipated savings, loss of
                                 goodwill, loss of revenue, loss of customers or clients caused or arising
                                 in any manner whatsoever from failure to delivery the Device on the
                                 agreed delivery dates;

                   5.4.2.3. delivery shall be deemed to have occurred when the Device has been
                                 delivered to you at the delivery address specified in the Application Form,
                                 at which time the risk of loss in or damage to the Device shall pass to
                                 you;

5.4.2.4. it is your responsibility to take insurance on the Device;

5.4.2.5. the Device will be activated by the Network Operator prior to the delivery
date;

                   5.4.2.6. until ownership passes to you as envisaged in clause 5.4.2.1 above, you
                                 shall not do or omit to do anything which may adversely affect polka’s
                                 proprietary rights in and to the Device. Without limiting the generality of
                                 the aforegoing, you shall notify your landlord (if applicable) that the
                                 Device is owned by polka and provide polka upon reasonable written
                                 request, with evidence of all necessary steps taken;

                   5.4.2.7. until ownership passes to you as envisaged in clause 5.4.2.1 above, you
                                 shall at your own costs and expense take all necessary steps to keep
                                 the Device free from attachment, hypothec or other legal charge or
                                 process and provide polka upon reasonable written request, with
                                 evidence of all necessary steps taken;

                   5.4.2.8. any warranty pertaining to the Device shall be limited to a period of 12
                                  (twelve) months calculated from the date of delivery. Should you discover
                                  any fault or defect in the Device, you shall within 3 (three) days of delivery
                                  return the Device to Polka or its service provider in the same condition
                                  and packaging along with proof of receipt. Polka shall replace the faulty
                                  Device. You shall not engage in any action which contravenes or voids
                                  the supplier’s terms of warranty or guarantee. In the event that you
                                  engage in any action which contravenes or voids the supplier’s warranty,
                                  you shall bear the costs of any repairs, replacements or extended
                                  warranties and guarantees;

5.4.3. You shall:

5.4.3.1. be responsible for the installation of the Device;

5.4.3.2. ensure that such installation is in accordance with the supplier’s
instructions.

                   5.4.3.3. ensure that the usage of such Device is in accordance with the supplier
                                  instructions and will not contravene and/or void the supplier’s warranty
                                  or guarantee. In the event that your usage contravenes and/or voids the
                                  supplier’s warranty which then results in the unavailability of the Service
                                  and/or any component thereof, polka shall (without limiting the generality
                                  of the Subscriber Terms) not be held responsible for any direct and/or
                                  indirect loss, damage or any costs suffered by you as a result thereof
                                  including the unavailability of the Service.

                   5.4.3.4. Upon becoming the owner of the Device, you shall be fully responsible
                                 for the Device and you shall not have any claim of whatever nature for the
                                 breakdown and/ or failure of the Device in any manner whatsoever
                                 against polka.

5.5. Booster

5.5.1. KickStart and Playa Packages

                   5.5.1.1. You acknowledge that in order to avoid an interruption of the Service, you
                                  are advised to top up your Product Cap limit by purchasing Booster from
                                  polka. You acknowledge that the purchase of Booster must be done
                                  prior to reaching your selected cap, failing which the Service will
                                  automatically be suspended until the end of the month.

5.5.2. Giga, Pro, Extreme and Addict Packages

                   5.5.2.1. Should you exceed your Product Cap, polka shall throttle your Service
                                  until you purchase further Product Cap and you acknowledge that the
                                  Service will be degraded until you have bought a Booster or until the next
                                  month.

        5.5.3. A Booster shall commence once you reach your Product Cap. If you do not use
                   the entire Booster in the month it was purchased it shall continue until the last
                   day of the following calendar month after which the Booster will automatically
                   terminate irrespective of whether you have utilised it fully or not. It is specifically
                   agreed that should you not have used the Booster fully you shall not be entitled
                   to any credit and/or refund for the unutilised portion in any manner whatsoever.

5.5.4. Polka may in its reasonable discretion limit the amount of Boosters you are
allowed to purchase during a calendar month.

5.6. Dashboard

        5.6.1. Included as part of the Service is the dashboard which is a tool providing you
                   with the ability to:
                   (i)   connect to the Internet;
                   (ii) monitor your Internet traffic usage; and
                   (iii) access other services (hereinafter referred to as the “Dashboard”).

        5.6.2. You acknowledge and agree that polka does not
                   (i)   maintain and/or manage the Dashboard; and
                   (ii) ensure that the usage report produced by the Dashboard is up-to-date,
                          current, and/or correct;

        5.6.3. The Network Operator’s monitoring equipment shall be used to monitor and
                   measure your Internet traffic usage and shall be the sole source to determine
                   usage and/or whether you have exceeded your Product Cap.

5.7. Dial up Access

        5.7.1. You agree that if you have selected dial up access on the Application Form then
                   the fee for dial up access will be payable irrespective of whether you actually use
                   this service or not.

6. Value Added Services

The terms and conditions applicable to any value added services may be accessed at http://polka.co.za/Legal/tabid/760/Default.aspx.

7. Terminations of Network Operator Agreement

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

                   (i)   terminate the provision of the Service without liability to you;
                   (ii) transfer the provision of the service to a third party service provider; or
                   (iii) assign this agreement to the Network Operator.