Terms&conditions

1. Important Notices

This Agreement contains the Terms and Conditions on which EMobile (Pty) Ltd provides telecommunication services Access and Apparatus to you our Customer.

1.1.        This Agreement contains Terms and Conditions which appear in a ESimilar text style to this clause in order to draw your attention to such clauses because they:

1.1.1.    may limit the risk or liability of the EMobile Group or a third party; and/or

1.1.2.    may create risk or liability for you; and/or

1.1.3.    may compel you to indemnify the EMobile Group or a third party; and/or

1.1.4.    serves as an acknowledgement, by you, of a fact.

1.2.        This Agreement replaces all prior Terms and Conditions previously agreed between you and  EMobile that relate to the same subject matter as this Agreement.

1.3. Offers are valid while stocks last based on updated information displayed on the EMobile.net.za website from time to time. EMobile reserves the right to alter or withdraw the deals advertised without notice. Handset and PABX options are dependent on the deals selected. For more details ask in store or visit www.EMobile.net.za. E & OE (Errors & Omissions excluded). All prices shown include VAT.

2. Definitions

2.1. In this Agreement certain words and phrases appearing in Title Case are given particular meanings. These words and phrases and the meanings they are intended to have are recorded below–

2.1.1. "Activation Date" shall mean the date of the activation of the ESIM card on the EMobile Network, Activation of the eMedical emergency response, EHealth or ELearning Profile, Activating the EHailing and Edeliver and TelEMedicine, and SmouseSale Dealer, SmouseSale Agent Accounts;

2.1.2. "Agreement" shall mean these terms and conditions together with all schedules, and documents attached to these terms and conditions, as well as all amendments that may be made to these terms and conditions from time to time in terms of clause 22 below;

2.1.3. "Apparatus" means any mobile, transportable or portable cellular mobile terminal, handset, laptop, computer, pabx, virtual pabx, cloud system, software, application modem or other apparatus which is approved by the Regulatory Authority and which is capable of connection by radio interface to the Network;

2.1.4. "Call Charge" shall mean the amount of money charged to you for a specified amount of call time or use of EMobile’s data services (such as telephony, internet messaging or video conferencing  or future downloads, services, products or provisions), as the case may be, as set out in the Tariff from time to time;

2.1.5. "Cell Number and SIP" shall mean the number allocated to you for the purposes of making use of the Services, also known as the Mobile Station Integrated Services Digital Network Number or Digital Identity Number allocated or Service Internet Protocol line;

2.1.6. "Customer" or "you" shall mean the natural person entering into this Agreement with EMobile;

2.1.7 “Financial Services”– shall mean long and short term insurance services and/or products provided by EMobile Life (Ensure through its partners or license) and EMobile Ensurance Company (Pty) Limited, which are wholly owned subsidiaries of EMobile (Pty) Ltd and such services and products are governed by the Insurance Terms and Conditions contained in this document

2.1.8. "Initial Period" shall mean a period of 1 month or such longer period as expressly agreed to by you;

2.1.9. "Network" shall mean the public mobile telecommunications system operated and made available by EMobile (Pty) LTD or any other member of the EMobile Group;

2.1.10. "Prepaid Account" shall mean an account held within the EMobile Group on your behalf which, when credited with a pre-determined value of airtime purchased by you, enables you to use the Services until such airtime is depleted;

2.1.11. "Regulatory Authority" shall mean the Independent Communication Authority of South Africa (ICASA) or any ESimilar authority that is established in the future to perform or take over the functions of ICASA;

2.1.12. "Renewal Period" means a period of 1 month or such longer period as expressly agreed to by you, which period shall commence on or after the expiry of the Initial Period;

“the services” shall mean:

2.1.13.1. The cellular telecommunications service provided by means of the EMobile Services as well as such other additional related services or equipment;

2.1.13.2. Value Added Services and/or Financial Services (provided by EMobile’s Ensurance Companies)

2.1.14. "ESIM card" shall mean the Subscriber Identity Module Card allocated to you to enable you to gain access to the Network by using the ESIM card in the Apparatus;

2.1.15. "Subscription Fee" shall mean the monthly fee payable by you in respect of access to the Network by means of the Cellphone Number, as recorded in the customer credit application form;

2.1.16. "Tariff" shall mean the tariff of charges and fees (monetary amounts) payable by you to EMobile in respect of the Services, as published by the EMobile Group from time to time and as set out in the customer credit application form;

2.1.17. "Top Up Price Plans" shall mean all and any packages offered by EMobile at any time that has or have a top-up component;

2.1.18. "Upgrade" shall mean the transaction, which will take place during, on or after the expiry of the Initial Period, in terms of which EMobile may supply you with a new Apparatus for which partial or complete payment may be required and the ESimultaneous renewal of this Agreement by you for the Renewal Period;

2.1.19. "EMobile Group" shall mean any of the EMobile group of companies including EMobile, any subsidiaries of EMobile, any holding company of EMobile and/or any subsidiaries of such holding company;

2.1.20. "EMobile" shall mean EMobile (Pty) LTD with whom you have entered into this Agreement for the provision of the Services;

2.2. When considering this Agreement, please note that –

2.2.1. words indicating any one gender shall include the others and the singular shall include the plural;

2.2.2. "days" shall mean calendar days unless qualified by the word "business", in which instance a "business day" shall mean any day other than a Saturday, Sunday or public holiday as gazetted by the government of the Republic of South Africa from time to time; and

2.2.3. unless specifically otherwise provided, any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day falls on a day that is not a business day, the next succeeding business day.

2.2.4. The use of the expression "but not limited to" by EMobile indicates that the prescribed list is not a closed one and that there may be other matters not listed to which the clause applies..

2.2.5. “General Service Calls”, charged at the General Service Call Rate, are provided by EMobile in order to provide a better electronic communications service to EMobile customers and includes, for example Help Desk, Recharge services, balances are displayed on App, Customer Care. The nature and purpose of the content of these services is to assist the customer in the use of EMobile’s mobile network and/or services. 

2.2.6. “Value-Added Services”, charged at the VAS Call Rate, are provided by EMobile and/or Value Added Service Providers in order to make available to EMobile customers a selection of value added services provided by means of the EMobile Network. Value-Added Services are defined as non-core services, or in short, all services beyond standard voice calls, the content of which may not have anything to do with EMobile’s mobile network and/or services. Examples of Value Added Services are calls and connections to the following services: IM (Internet Messaging) and VC (Video Calling), EMobile. These are services provided by the mobile operator or VAS provider and calls or connections to these Value Added Services are not included in the bundled minutes/seconds. These are billed separately

3. Provision of the Services

3.1. Subject to the terms and conditions set out in this Agreement, EMobile shall activate the ESIM card and maintain the availability of the Services to you throughout the duration of this Agreement.

3.2. The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and any Regulatory Authority requirements. The Services may, from time to time, be adversely affected by physical features such as network signal, line of sight issues, buildings and underpass, as well as atmospheric conditions and other causes of interference.

4. Duration

4.1. This Agreement will start on the Activation Date and, subject to the terms and conditions of this Agreement shall continue for the Initial Period. After the Initial Period this Agreement will automatically continue on a month to month basis subject to any changes which we have notified you of unless you or EMobile terminate it on at least 30 (thirty) business days written notice by email to support@emobile.net.za.

4.2. Despite clause 4.1, either party may terminate this Agreement during the Initial Period or a Renewal Period by providing at least 30 (thirty) business day’s notice to the other party in writing by email to support@emobile.net.za. If you do choose to terminate this Agreement during the Initial Period or a Renewal Period, you will be subject to payment of a reasonable premature cancellation charge, determined by EMobile, and you will have to pay all outstanding amounts in respect of the Services and/or Apparatus related to the Services. A reasonable premature cancellation charge for the purposes of this clause shall mean 75% of the balance of your contract. The balance of your contract is your monthly subscription amount times by the remaining months of your contract. Any amounts outstanding to EMobile will also be added to the cancellation cost. 

5. Charges payable by you and your payment obligations

5.1. The Subscription Fee shall be due and payable to EMobile by you as indicated on the invoice or online notification received from EMobile but, in any event, by no later than the last business day of each and every subsequent month until expiry of the Initial Period and/or Renewal Period, as the case may be. Despite the previous sentence of this clause 5.1, EMobile shall have the right to request you to pay the first month’s Subscription Fee in full on the Activation Date.

5.2. In the case of a Price Plan other than a Top Up Price Plan –

5.2.1. you will pay to EMobile all charges incurred in respect of the ESim(s) or SIP Accounts  within 14 (fourteen) days of date of EMobile’s invoice;

5.2.2. EMobile may impose monetary limits on the maximum value of the total charges you may incur in relation to the Services provided by EMobile during any one billing period. Should you exceed such maximum value then EMobile may suspend the Services to you until the value of such maximum amount as well as any other charges that may be due, have been paid in full in the instance;

5.2.3. EMobile reserves the right to impose a monetary limit on the maximum value of Call Charges incurred by you during any one billing period in the amount set out in the application and/or order form to which these terms and conditions relate; and

5.2.4. Despite EMobile being entitled to suspend the Services to you until the value of such maximum amount as well as any other charges that may be due, have been paid in full, it shall be under no obligation to do so, and, should the charges billed to your account nonetheless exceed the monetary limits imposed by EMobile, you shall remain liable to pay EMobile any and all charges incurred whether in excess of the said limits or not. You are encouraged to diligently monitor the depletion of any monetary limit set by contacting the EMobile Call Centre.

5.3. In the case of a Top Up Price Plan:

5.3.1. on the first day of each month for the duration of this Agreement, EMobile shall -

i) automatically recharge your Prepaid Account with airtime to the value of the Subscription Fee, provided that such airtime shall not be available for use by you if you are in arrears with the payment of your Subscription Fees; or

ii) allocate to your account the minutes, data and/or sms quantities based on your Price Plan.

5.3.2. in addition to the airtime value allocated to your Prepaid Account pursuant to the provisions of clause 5.3.1 above, you shall also be entitled to recharge your Prepaid Account at any time by utilizing any of EMobile’s existing recharge mechanisms on such terms and conditions applicable to such recharges, provided that in the event that you are in arrears with the payment of your Subscription Fee(s), then despite having recharged your Prepaid Account, the airtime allocated to the Prepaid Account pursuant to such recharge shall -

5.3.2.1. not be available for use by you until you have paid all outstanding Subscription Fees;

5.3.2.2. not be credited to any outstanding Subscription Fees;

5.3.3. in the event that you pay EMobile more than what is due in respect of the Subscription Fees, such additional amounts paid shall not be allocated to your Prepaid Account but shall -

5.3.3.1. be credited toward the following month’s Subscription Fees;

5.3.3.2. and any further remaining amount shall be refunded, free of interest (provided that the overpayment is not due to any fault on the part of EMobile) to you, if at the end of the term of this Agreement your Subscription Fees are fully paid up and all your obligations hereunder have been fully met.

5.3.4. Each month for the duration of this Agreement you shall be entitled to carry over to the following month the unused portion of airtime value purchased through any additional recharges you may have performed.

5.4. Each month for the duration of this Agreement you shall be entitled to carry over to the following month any unused portion of the airtime value purchased by the payment of the Subscription Fee(s) in previous months, to a maximum of 3 (three) months, excluding the current month, or such other period as EMobile may specify from time to time. In respect of the unused portion of the minute, data and/or sms allocation specified in 5.3.2 above, such allocation will expire after 1 (one) month on applicable Airtime Plans or 60 (sixty) days in respect of IM and VideoChat data.

5.5. In addition to the monthly Subscription Fee(s) and Call Charges levied by EMobile, you will also pay to EMobile all other charges relating to any other service, incurred in respect of the Services and/or any Apparatus or other equipment purchased by you from EMobile within 14 (fourteen) days of date of EMobile’s invoice. EMobile’s invoice will itemise the amounts charged to you.

5.6. Prior to the activation of your Cellphone Number or other services on the Network, EMobile shall be entitled to require you to pay to it a deposit in an amount which EMobile in its discretion deems fit.  Such deposit shall be paid by you in cash or via the EMobile Portal and shall be retained by EMobile as security for any other charge that you may become liable to pay to EMobile and may be appropriated either wholly or in part towards payment of any amount that may be due by you to EMobile. The deposit or any balance thereof, as the case may be, shall be refunded to you after all your obligations hereunder have been fully discharged.

5.7. A computerised account or a certificate signed by a Credit Manager of EMobile, (whose designation need not be proved), setting out the amount due by you to EMobile shall be taken as proof in the absence of any evidence to the contrary of such amounts as well as the due date thereof and EMobile shall not be required to provide further proof of the indebtedness unless you can show, on the face of it, that the amount set out in the computerized account or certificate is incorrect.

5.8. The charges levied by EMobile may vary from time to time and EMobile shall provide you with at least 20 (twenty) business days’ notice of such variations before they take effect. You shall be bound to pay such varied charges with effect from the date of publication thereof by either EMobile and/or EMobile Group unless you exercise your right of termination as provided for in this Agreement.

5.9. The charges levied by EMobile in respect of any telecommunications services shall not exceed the Tariff published by EMobile Group from time to time. The charges levied by EMobile in respect of any additional services or in respect of any Apparatus or other equipment purchased by you, that are not subject to EMobile Group’s tariff, shall be in accordance with EMobile’s standard charges as published and amended from time to time.

5.10. If so required by EMobile in its sole discretion you must make payment of all amounts due to EMobile by means of a direct debit order against your banking account. You shall not be entitled to withdraw or revoke the authority of EMobile to draw against your banking account for the duration of this Agreement without the written consent of EMobile.

5.11. All fees, charges and prices set out in this Agreement and/or any price list from time to time are exclusive of Value-Added Tax which shall additionally be borne and paid for by you at the prevailing rate from time to time unless otherwise stated.

5.12. Terms and conditions specific to your Price Plan may be published on our website on www.EMobile.net.za.

6. Migration and Conversion

6.1. With the prior written permission of EMobile which can be withheld at any time, for any reason, you may be entitled to convert to any other standard Tariff excluding any special discounted Tariffs, offered by EMobile from time to time provided that –

6.1.1. any charge levied by EMobile in respect thereof has been paid by you; and

6.1.2. all relevant documents required by EMobile have been signed by you indicating acceptance of any terms and conditions applicable thereto.

6.2.In the event that you migrate from a Tariff Plan which includes free bundled minutes/seconds to a Tariff Plan which does not include free bundled minutes/seconds, all accumulated free minutes shall be automatically forfeited and you shall have no claim of whatsoever nature against  EMobile in respect thereof, it being your responsibility to ensure that any free bundled minutes/seconds are used up prior to migrating to another Tariff should you wish to use such free services.

6.3. In the event that you migrate from a Price Plan which includes free or bundled minutes/seconds to any other Price Plan which includes free, bundled minutes/seconds, then you may forfeit all or a portion of the accumulated minutes/seconds.

6.4. In the event that you migrate from a Price Plan which includes free, discounted or bundled VAS services to any other Price Plan which does not include any free, discounted or bundled VAS services, then you may forfeit all or a portion of such VAS services or lose all such free or discounted VAS benefits and may be required to pay in full for such VAS service on the new price plan.

7. Bundled Usage

7.1. You acknowledge and agree that should the Price Plan selected incorporate any bundled minutes/seconds, then –

7.1.1. all calls made after the bundled minutes/seconds have been used up will be charged at the then current out-of-bundle rate as set out in the Price Plan

7.1.2. if you migrate from such Price Plan to any other Price Plan incorporating bundled minutes/seconds, then EMobile will determine the number of bundled minutes/seconds which will be carried over to the new Price Plan and you may forfeit all or a portion of the accumulated minutes/seconds; and

7.1.3.upon termination of this Agreement for any reason whatsoever, any accumulated Airtime or unused bundled minutes/seconds existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against EMobile in respect thereof, it being your responsibility to ensure that any accumulated Airtime or unused bundled minutes/seconds are used up prior to termination should the Customer wish to use such accumulated Airtime or unused bundled minutes/seconds; and

7.1.4. all airtime used by you will be applied first against your most recent allocation of bundled minutes/seconds; and thereafter against your oldest active carried over unused bundled minutes/seconds

7.1.5. Any accumulated and unused bundled minutes/seconds will expire in accordance with the period stipulated in the relevant Tariff plan’s terms and conditions available on www.EMobile.net.za.

7.1.6. General Service calls or connections are included in the bundled minutes/seconds, except calls to Emergency Services.

7.1.7.calls or connections to Value Added Services are excluded from the bundled minutes/seconds and will be charged for separately at the current rate as set out in the Price Plan.

7.2 you acknowledge and agree that should the Price Plan selected include any bundled data, then –

7.2.1. all data used after depletion of the bundled data will be charged at the current out-of-bundle rate as set out in the Tariff;

7.2.2. accumulated and unused data for IM or VC may be carried over for a period of up to 60 (sixty) days where after it shall be forfeited.

7.2.3. if you migrate to any other Price Plan , migration rules will apply and you may forfeit all or a portion of the accumulated data bundle.

7.2.4. upon termination of this Agreement for any reason whatsoever, any accumulated Data or unused bundled Data shall be forfeited and you shall have no claim of any nature against EMobile in respect thereof.

7.3. You acknowledge and agree that should the Price Plan selected incorporate any bundled SMS, then

7.3.1. all SMSs sent after depletion of the SMS bundle will be charged at the current out-of-bundle rate as set out in the Price Plan;

7.3.2. if you migrate to any other Price Plan, regardless of whether the new Price Plan selected incorporates any bundled SMS’s, EMobile will determine the number of bundled SMS’s which will be carried over to the new Price Plan and you may forfeit all or a portion of the accumulated SMS; and

7.3.3. upon termination of this Agreement for any reason whatsoever, any accumulated SMS’s or unused bundled SMS shall be forfeited and you shall have no claim of any nature against EMobile in respect thereof.

7.3.4. accumulated and unused SMS may be carried over for a period of up to one month where after they will be forfeited

7.3.5. The following SMS categories shall be excluded from all SMS bundles and/or the unlimited SMS bundle benefit included on selected Smart plans:

• International

• Premium rated

• Content services

• VAS services

7.3.6 These categories of SMS are subject to different tariffs as well as terms and conditions – please refer to www.EMobile.net.za for more details.

8. Value-Added Services

8.1. You acknowledge and agree that –should you subscribe to any additional service(s) provided by EMobile ("value-added service(s)"), the provision of such value-added service(s) by EMobile will be subject to EMobile’s standard terms and conditions applicable to those services from time to time with which you undertake to make yourself familiar with; and

8.2. If you subscribe to a Tariff Plan which includes a subscription to any Value-Added Service(s) i.e (Subscription payments are automatically linked once a registration product is purchased) then such subscription to those Value-Added Service(s) may only be terminated prior to the expiry of the Initial Period or the Renewal Period, as the case may be, by giving EMobile at least 20 (twenty) business days’ notice in writing (email support@emobile.net.za). If you do choose to terminate those Value-Added Services during the Initial Period or a Renewal Period, you will be subject to payment of a reasonable premature cancellation charge, determined by EMobile. No refunds are effected once airtime value has already been dispensed.

9. Risk and Ownership

9.1. In the event of EMobile providing you with Apparatus or Equipment, then –

9.1.1. From the moment you take possession of the Apparatus or Equipment, you will be responsible for and liable for all risk in and to the Apparatus which will include but not be limited to loss, damage, accidental damage, liquid damage, theft,  unauthorised use of the Apparatus subject to any applicable warranty provided with such Apparatus or imposed by operation of law; and

9.1.2. EMobile will remain the owner of the Apparatus for the duration of the Initial Period unless otherwise stated in writing by a duly designated officer.

9.2. Ownership of the ESIM card allocated to you shall, at all times, remain vested in EMobile.  All risk in and to the ESIM card which will include but not be limited to the loss, damage, accidental damage, liquid damage, theft and unauthorised use etc of the ESIM Card shall pass to you upon virtual delivery of the ESIM Card.

9.3. The provisions of clause 9.1 shall also apply, with the necessary changes, to the Renewal Period where you have chosen an Upgrade.

10. Listing of Apparatus

10.1. Should you fail to meet any payment obligations during the Initial Period or the Renewal Period, as the case may be, then EMobile shall be entitled to prevent the further use of your Apparatus or Equipment and you indemnify EMobile in respect of any claim whatsoever arising from EMobile exercising its right in terms hereof.

10.2. In the event of the theft or loss of Apparatus, you shall be obliged in terms of law to inform EMobile of such theft or loss in order for EMobile to list such Apparatus on the blacklists as determined by the prevailing policy of EMobile from time to time. EMobile shall effect such listing provided that all required information has been supplied by you.

10.3. For the purposes of this clause 10, "blacklist" shall mean the disablement by electronic or other means, of an Apparatus, thereby preventing its |further use.

10.4. In the event of the theft or loss of an Apparatus, the provisions of clause 17.2 below shall also apply, with the necessary changes.

10.5. EMobile shall be entitled to levy a reasonable charge for the listing referred to in clause 10.3 above and/or the removal of an Apparatus from the blacklist.

11. Disclosure of Information

11.1. You consent that EMobile may, to the extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to –

11.1.1. any credit providers, credit bureau or credit reporting agencies;

11.1.2. any law enforcement agencies that require the information for the prevention or investigation of criminal activities;

11.1.3. any of EMobile’s shareholders, related entities, suppliers, agents, professional advisors or any company within the EMobile Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008;

11.1.4. any of EMobile’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes;

11.1.5. any company within the EMobile Group for any purpose connected with the Services or the Network or incentive scheme purposes.

11.2. Despite any part of this Agreement that may indicate otherwise, EMobile shall be entitled to utilize your detailed call records for any lawful purpose including but not limited to tracing and/or collection purposes.

12. Your Acknowledgement

You acknowledge and agree that –

12.1. The service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic Communications Act, 2005 (or as amended) and the Regulatory Authority requirements. The Services 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

12.2. to the extent permitted by law, EMobile shall not be liable for non-availability of the Services.

13. Liability

13.1. You indemnify and hold EMobile and each company within the EMobile Group harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by EMobile or any company within the EMobile Group, which arises directly or indirectly out of a breach of the terms of this Agreement by you or by your use of the Services and/or the Apparatus, other than in respect of losses caused by the negligence or intentional misconduct of EMobile or any company within the EMobile Group or any of their respective employees, directors or agents.

13.2. Without affecting the generality of 13.1 above, EMobile shall not be liable to you for any breach of this Agreement or failure on EMobile’s part to perform any obligations as a result of technical problems relating to the Network, termination of any licence to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, industrial disputes or any other cause beyond the control of EMobile.

14. Your Undertakings

You shall –

14.1. comply with all instructions issued by EMobile which concern your use of the services, the Apparatus or related matters; and

14.2. not be entitled to commercially exploit the services in any manner whatsoever without EMobile’s prior written consent, including without limitation, the provision of telephony services to third parties; and

14.3. provide EMobile with all such necessary information as EMobile may, in its sole discretion, reasonably and lawfully require;

14.4. only use a Apparatus which is approved for use in conjunction with the Network by EMobile;

14.5. engage with EMobile, other members of the EMobile Group and their respective staff and agents in a courteous, cordial and respectful manner at all times.

15. Suspension/Disconnection

15.1. EMobile may from time to time, by giving you advance notice where reasonably practicable and dependent on the circumstances, suspend the Services or disconnect your Cellphone Number from the Network for a period to be determined by EMobile, in any one of the following circumstances -

15.1.1. during any technical failure, modification or maintenance of the Network; or

15.1.2. if you fail to comply with any of the terms and conditions of this Agreement; or

15.1.3. if so directed by the Regulatory Authority; or

15.1.4. in any other instance specifically provided for in this Agreement, and in such event, the provisions of clause 13 and where applicable, clause 16.6 below shall also apply, with the necessary changes.

15.2. Having regard to the circumstances at the time of suspension, disconnection or reconnection, as the case may be, EMobile shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any reconnection.

15.3. Where this Agreement is terminated at your instance in accordance with clause 4.1 or 4.2 above, as the case may be, EMobile shall be entitled to disconnect your Cellphone Number ( ESim Account) at any time on the relevant date of termination and at which time the provisions of clause 16.6 shall apply, with the necessary changes, and you shall have no claim of whatsoever nature against EMobile as a result of EMobile exercising its right under this clause.

16. Termination

16.1. In the event that you do not comply with your obligations under this Agreement and you do not correct your failure to comply after receiving a notice from EMobile requesting you to comply within 20 (twenty) business days, then EMobile may immediately terminate this Agreement.

16.2. If this Agreement is terminated by EMobile for the reason that you have failed to remedy a material failure to comply with or a breach of the Agreement as contemplated in clause 16.1, you shall pay to EMobile all outstanding charges for access to the Network and you will be subject to payment of a reasonable premature cancellation charge, determined by EMobile.

16.3.     You shall repay to EMobile on demand all costs which EMobile incurs as a result of your failure to comply with the Terms and Conditions of this Agreement or any termination hereof, which may include –

16.3.1. costs in connection with tracing you and/or the Apparatus;

16.3.2. all legal costs on the attorney client scale;

16.3.3. collection commission that may legally be recovered from you by EMobile’s attorneys or collection agents on amounts collected;

16.3.4. the costs incurred in obtaining possession of the Apparatus as well as the cost relating to the valuation, removal, transport, repair, maintenance and storage thereof; alternatively; and

16.3.5. the replacement cost of the Apparatus.

16.4. To the extent that it is appropriate, the provisions of clause 16.3.2 above apply reciprocally to you, read with the necessary changes.

16.5. It shall be in the sole discretion of EMobile as to whether it elects to levy the replacement cost of the Cellular Phone(s) or  PABX(s) or servers or the charges referred to in clause 16.3.4 above.

16.6. Any accumulated Airtime or unused bundled minutes/seconds existing at the termination of this Agreement shall be forfeited and you shall have no claim of whatsoever nature against EMobile in respect thereof.

17. Loss or Theft of ESIM Card

17.1. You shall notify EMobile immediately when you become aware of the corruption of or theft of your ESIM card account, which notification may, at EMobile’s discretion, be required to be confirmed in writing. In addition, you undertake to comply in full with the requirements of the Regulation of Interception of Communications and Provision of Communication-Related Information Act No. 70 of 2002.

17.2. Any loss, theft, damage or destruction of your ESIM Account or Apparatus shall not affect your liability to continue to pay the Subscription Fee to EMobile for the duration of this Agreement.

18. Policies and Procedures of EMobile

You agree to comply with and implement the policies and procedures of EMobile from time to time in relation to the Services, your Cellphone Number, the ESIM card, the Network and the use thereof.

19. Complaint Resolution and Code of Practice

In the interest of providing customer service excellence, and the protection of consumer rights, EMobile conducts its business in accordance with a Code of Practice which incorporates a procedure for customer complaint resolution. Details of such Code of Practice and procedure may be accessed by you on www.EMobile.net.za or obtained from EMobile’s customer care department. Nothing in this Agreement is intended to prevent you from exercising any rights you may have under the Consumer Protection Act, 2008.

20. Communication

You hereby consent to the dispatch or transmission by EMobile of all and any necessary communications in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant legislation. You are entitled to inform EMobile if you do not wish to receive any communications for purposes of direct marketing and in this instance, EMobile will desist from circulating any further such material to you.

21. Assignment

You shall not transfer (whether it be by cession, assignment, encumbering or delegating) any of your rights or obligations in terms of this Agreement to any third party without the prior written consent of EMobile.

22. Variation

Save as otherwise expressly provided, no addition to, variation, consensual cancellation or novation (meaning the act of either replacing an obligation to perform with a new obligation, or replacing a party to an agreement with a new party) of this agreement and no waiver of any right arising from this agreement or its breach or termination shall be of any force or effect unless reduced to writing and signed by or on behalf of the duly authorised representatives of both parties.

23. Whole Agreement

This Agreement constitutes the whole agreement between the parties and no representations or warranties other than those set out herein shall be binding on the parties, save for any amendment effected in terms of clause 22 above.

24. Address for Delivery of Notices

24.1 You choose as the address at which you wish to receive any correspondence or notices of a legal nature relating to this Agreement and the rendering of the Services the address set out in the application or order form to which these terms and conditions relate or such other address of which you may notify EMobile in writing provided such address is not a post office box or other postal address.

24.2  All notices given in terms of this Agreement shall be in writing via electronic means.

25. Severability

In the event of any one or more of these terms and conditions being unenforceable, such terms and conditions will be deemed to be removed from the remainder of this Agreement and the Agreement will remain binding and enforceable.

26. Apparatus Warranty and Guarantee

You hereby acknowledge that in the event that you are supplied with Apparatus:

26.1. and such Apparatus is a computer then it is supplied "with a Windows Operating System" but without benefit of any additional software and all applicable warranties shall be honoured by the manufacturer of the computer; and

26.2. the Apparatus is supplied with a 6 (six) month warranty of quality against defects, within the meaning of the Consumer Protection Act, 68 of 2008.

26.3. you shall not be entitled to withhold payment of any monies due under this Agreement for any reason whatsoever, including but not limited to, any dissatisfaction with the Apparatus, its operation or otherwise or any failure of the manufacture to honour any second warranty offered or any other reason whatsoever.

26.4. all user support offered in relation to a computer or laptop is provided by the manufacturer thereof and to the extent permitted by law EMobile shall not be liable for any loss, cost, claim or damage of whatsoever nature suffered by you in relation thereto including without limitation, any failure of the manufacturer to provide same.

27. Mandatory Call Limit

27.1. In order to protect you from any surprises on your EMobile bill, all EMobile customers are subject to a monthly mandatory call limit for the first six (6) months of your contract period unless your package is prepaid.

27.2. Once your call limit has been reached, you will not be able to make calls, send EMobile SMSs or use data until the start of the new month. You will however still be able to receive calls and SMSs during this time and make calls to the 112 Emergency Services and 087 786 0000 EMobile Customer Care line.

27.3. If you are consistently exceeding your limit, you may want to consider migrating to a higher tariff. Note: you may only migrate your price plan after a period of seven (6) months.

27.4. The call limit is not a guaranteed service and you will remain liable for all charges incurred, whether in excess of the limit set or not.

28. Mandatory Account Limit

28.1. All EMobile customers are subject to a mandatory prepaid account limit unless otherwise agreed to by EMobile Management.

28.2. The account limit is prescribed by EMobile and is set on the usage on your account (including the usage of all MSISDN/SIP Account numbers linked to your account).

28.3. An account limit will remain unchanged for a period of six (6) months where the limit will be adjusted on a monthly basis according to your overall credit record.

28.4. Once your account limit has been reached, you will not be able to make calls or send SMSs until the start of the new month or a payment is received. You will still be able to receive calls and SMSs during this time and make calls to the 112 Emergency Services and 087 786 0000 EMobile Customer Care line.

28.5. The call limit is not a guaranteed service and you will remain liable for all charges incurred, whether in excess of the limit set or not.

29. In the case of a Step Up Price Plan :

29.1. The Customer’s bank account will be debited between the 25th and the 28th of the month with the exception of February and the holiday months when the debit order will be deducted sooner. This will be communicated to the Customer via sms.

29.2. Upon successful debit order submission, monthly airtime will be allocated on confirmation of payment. This is done on the first day of each month for the duration of the Agreement.

29.3. Should the Customer’s debit order be rejected due to insufficient funds, the Customer will be notified and debit reattempted.. In addition to the airtime value allocated to the Customer pursuant to the provisions of clause 1.1.2 above;

29.4. The Customer shall also be entitled to recharge his prepaid account at any time by utilizing any of EMobile’s existing recharge mechanisms on such terms and conditions applicable to such recharges.

30. In the event that the customer pays EMobile more than what is due in respect of the subscription fees, such additional amounts paid shall not be allocated to the customers prepaid account but shall either;

30.1. Be offset against the following months subscription fees; or

30.2. Be refunded, free of interest to the customer, if at the end of the term of this agreement his subscription fees are fully paid up and all his obligations hereunder have been fully discharged.

30.3. Each month for the duration of the agreement the customer shall be entitled to carry over to the following month the;

30.4. Unused portion of airtime value accrued pursuant to any additional recharges he may have performed; plus

30.5. Any unused portion of the airtime value accrued pursuant to the payment of the subscription fee(s), provided that any such airtime may not exceed the equivalent of 5 (five) times the subscription fees, excluding the current month, or such other period as EMobile may specify from time to time in its sole discretion.

31. Number Portability

31.1 You accept and acknowlege the following:-

31.1.1. To collect any messages or any other information stored by the donor network which may be lost when the MSISDN number is ported (only applicable to Network port requests);

31.1.2. That any credit and/or unused usage allowances will be lost when the cellphone number is ported (only applicable to Network port requests);

31.1.3. That you will not be able to port your cell number to a different network operator within 60 days from requested port date (only applicable to Network port requests);

31.1.4. That all products and/or services provided by the donor network/service provider may not be provided when the cell number is ported;

31.1.5. That you may still be liable in terms of any contract which you may have with the donor network and/or service provider.

32. Upgrade terms and conditions

Individual:

- Special offers including discounted subscription may be subject to Call Line Identification Presentation (CLIP) R8.50 per month for the duration of the discounted subscription period, subject to change from time to time.

- Should no stock be available, the discounted subscription will still apply until delivery of the handset/equipment/apparatus has been made.

33. Additional information

- Please ensure that your equipment is insured for the full replacement value

- Should you be changing to another tariff package, kindly request migration information from the Call Centre on 087 786 0000

34. Upgrades Terms & Conditions

The acceptance of this authorises EMobile (Pty) Ltd:

- The upgrade date is only effective upon receipt or delivery of the goods/equipment and the package migration is only effective on the first day of the next calendar month.

- EMobile reserves the right to charge an administrative fee of R150 for all upgrades done online. The aforementioned administrative fee shall form part of the charges in your first invoice following the upgrade.

- To extend or renew my package for a further term if I have cancelled previously  upon receipt or delivery of the goods/equipment (if deal selected is a 12,24,36,48,60 month contract) from the expiry date of my existing contract or today's date if my contract has already expired.

- To extend my contract for a further 36 months upon receipt or delivery of the goods/equipment (if deal selected is a 36 month contract) from the expiry date of my existing contract or today's date if my contract has already expired.

- Bundle package migrations only take effect on the last calendar day of the month upon receipt or delivery of goods/equipment.

- Debit my bank account with the above amount/s. (only if the Equipment was supplied by EMobile (Pty) Ltd).

- The Customer hereby consents to the dispatch or transmission by EMobile (Pty) Ltd of all and any necessary communications (excluding communications for the purposes of direct marketing as defined in the Consumer Protection Act) in terms of the Electronic Communications and Transactions Act 25 of 2002 or subsequently enacted and relevant legislation. The Customer is entitled to inform EMobile (Pty) Ltd if he/she does not wish to receive any communications for purposes of direct marketing and in this instance,

EMobile (Pty) Ltd will desist from circulating any further such material to the Customer.

- For all free minutes and bundle expiration terms and conditions please refer to www.EMobile.net.za.

- Please note that on Application to EMobile via our Portal or any physical means that you will need to produce your green barcoded ID book or valid passport, depending what was used to create your order, for verification in terms of RICA Legislation.

35. The Customer shall not be entitled to withhold any payment or set off or reduce any payment arising from the Contract Terms and conditions by reason of any claim which the Customer may have against EMobile arising from the Service.

36. EMobile reserves the right, in its sole discretion, to vary these terms and conditions. EMobile may elect, in its sole discretion, to notify the Customer of such variation in writing or to publish such variation at its principal place of business, or on www.EMobile.net.za.

37. These terms and conditions constitute the whole agreement between the parties relating to the Service and no representations or warranties other than those set out herein shall be binding on the parties, save for any amendment effected in terms of clause 16 above.

38. In the event of any one or more of these terms and conditions being unenforceable, same will be deemed to be severable from the remainder of the terms and conditions which shall nevertheless be binding and enforceable.

39. ESIM Only – Terms and Conditions

39.1. Your subscription to the Service constitutes your acceptance of these Terms and Conditions. EMobile reserves the right to modify the Service(s) where reasonably required,  and may from time to time expand on these Terms and Conditions. You will be bound by all current Terms and Conditions that prevail at a specific point in time.  -

39.2. Customers on ESIM only plans will receive their allocation of minutes, SMS and data access for IM or VC  monthly

39.3. Included anytime minutes may only be used for calls to SA networks anytime.

39.4. Inclusive minutes may not be used for calls to international numbers, premium rated IVR services, special short codes, calls while roaming in international destinations or any of the following:

I. Premium rated calls

II. Premium rated Dicon

III. Video IVR

IV.  International VAS and Premium services

V.  Travel Talk

VI.   Conference Calls

VII.   Call Sponsor (sponsored calls are charged at the sponsored party’s prevailing price plan rate).

39.5. Included SMS’s may only be used for SMS’s to local SA networks.

39.5.1   Out of bundle rates applicable to the price plan will be applied once the customer has used the monthly allocated bundle included in the price plan.

39.6. Calls are billed per second.

39.7. Unused minutes, SMS and data will not be carried over. Customers will forfeit any minutes, SMS or data not used in the month of allocation.

39.8. ESIM Only customers have access to certain VAS offers and services which EMobile reserves the right to discontinue

39.9. ESIM only tariffs do not include a handset

39.10. ESIM only tariffs are available on a month to month contract basis only

39.11. Customers must ensure that the ESIM is used in a suitable device to be able to consume the relevant monthly allocation.  Unused allocations will not be refunded or carried over by EMobile.

39.12. The EMobile ESIM may only be used for the purpose intended. Credits may not be exchanged for cash or used to pay for any other services or fees due to EMobile or any of its Service Providers.

39.13. The EMobile ESIM received with the ESIM only price plan is permitted to be used in Least Cost Routing or Community Phone applications and call centre operations. EMobile reserves the right to terminate any ESIM Only subscription should any abuse be detected and EMobile reserves the right to charge for VOIP events on selected price plans at applicable rates.

39.14. Normal upgrade and migration rules will apply If a ESIM only customer migrates to a lower priced ESIM only price plan, the customer will be charged downward migration fee as per EMobile policy.       

39.15.  ESIM Only Terms and Conditions should to be read in conjunction with the Master Airtime Agreement

40. Neither EMobile (Pty) Ltd nor EMobile Group (Pty) Ltd its officers, employees and/or agents (“EMobile”) and VandD  Pty Ltd, its subsidiaries, its officers, employees and/or agents (‘TCL”) shall, under any circumstances whatsoever, be held liable in the event that any of the functionalities of the EMobile App on Android or Apple or Huawei Store or related Application (the App) fail to operate, run or function as stated. These functionalities include but are not limited to the GPS tracking, the ability to call and / or sms pre-programmed numbers, and sending or receiving the SOS notification. By using the App, I hereby indemnify and hold EMobile and/or Eclipse OS harmless for any loss or damage of whatsoever nature including but not limited to damage to property and/or injury, or death occasioned to or suffered as a result of the failure of the EMobile functionalities to function, run or operate as stated.

41. Commissions owed will only be paid if all debit orders are paid and up to date. if debit orders are missed this will result in any commissions due to fall away.

41.1 It is the duty of the client to keep all KYC credentials and banking details up to date and accurate on the eMobile platform. eMobile cannot effect commission deposits to clients with no banking details present. To update banking details go to backoffice>account>profile>banking details and click save. eMobile takes no liability for deposits of commissions into incorrect accounts as result of the client not keeping this information accurate.

41.2 commission payout runs are reconciled and paid into the affiliates bank accounts by the 15th of each month in respect of prior months commissions due.

41.3 commissions are paid out net of bank charges (3.5%)

 

www.emobile.net.za

support@emobile.net.za

call: +27 64 576 8023 

 

 

 

 


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