Terms and conditions for products supplied by FNB

Terms and conditions for products supplied by FNB
Date last amended: 31 July 2014
1. This important legal document records your agreement with FNB
• These Terms and Conditions will apply to you if you purchase any available Product from FNB, which may
include Smart Devices (Smartphones, Tablets, Laptops), Gaming Consoles (Xboxes, Sony Play Stations),
Appliances (Television Sets, Blu-Ray players, DVD Players, Home Entertainment Theatres) and Accessories
(Apple TV’s, Covers, Screen guards, Software Packages) and Telecommunication Sim Cards / Contracts), over
a 24 month period.
• These Terms and Conditions form a legally binding agreement between you and FNB, and explain your and
FNB’s legal rights and duties to each other when you purchase any Product through FNB. You must read
these terms & conditions carefully. You must contact FNB or get advice if you don’t understand any part of
these Terms and Conditions.
• These Terms and Conditions will apply to you in addition to the Terms and Conditions that apply to your FNB
Cheque Account, the FNB General Terms and Conditions, and the Remote Banking Agreement that governs
your use of Online banking and the FNB Banking App.
• FNB may change these terms & conditions because of changes in legislation, changes to the agreements
with our suppliers, and/or changes to FNB’s Business Rules.
• The Terms and Conditions for Products supplied by FNB, which may be amended from time to time, are
available on the website www.fnb.co.za.
• For general enquiries on Products supplied by FNB, please contact 087 736 7270.
• For enquiries relating to FNB Vodacom Telecommunications contracts, which include, but are not limited to
contract cancellations, Out of Box Failure’s, Billing, Value Added Service charges, Statements, and sim swops
please contact 087 736 7270.
• Any reference to FNB shall mean First National Bank.
• Any reference to FNB shall be construed to include Rand Merchant Bank (RMB).
• First National Bank is a Division of First Rand Bank Limited, an Authorised Financial Services and Credit
Provider (NCRCP20).
• Rand Merchant Bank is a Division of First Rand Bank Limited, an Authorised Financial Services and Credit
Provider (NCRCP20).
2. Who qualifies to apply for products supplied FNB?
• To qualify for a Product supplied by FNB over 24 months at a discount, you must meet all of the following
conditions:
• You must have a qualifying FNB or RMB Private Bank Account.
• Qualifying FNB Account holders must have the Unlimited Pricing Option, Fee Saver, Pay As you Use.
• Qualifying FNB Accounts include the following:
• FNB and RMB Cheque Accounts which include the Smart Cheque Account, the FNB Gold Cheque
Account, FNB Platinum Cheque Account, FNB Staff Cheque Account, FNB Graphite Cheque Account,
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
FNB Wealth, FNB One Account, FNB Islamic Cheque Account, FNB Encore Cheque Account, FNB
Private Clients Account and the RMB Private Bank Account.
For further details in this regard, go to www.fnb.co.za
• Your income / salary must be deposited into your qualifying FNB Account every month, while this agreement
is in place (24 months) until you have paid your last installment.
• Your qualifying FNB Account must have the required balance while this agreement is in place.
• You must ensure that your salary / income deposit and debit order deductions go off your qualifying FNB
Account. Before FNB will process your order, you must ask FNB to switch all your debit orders. Once your
salary / income deposit and debit order switching has been confirmed by FNB, you will immediately qualify to
apply for a Product supplied by FNB. If you want to switch your own salary / income deposit and debit orders;
a two (calendar) month waiting period will apply before you can apply for a Product supplied by FNB. During
this waiting period, FNB will also monitor if there have been adequate deposits (salary / income), and that
debit order switching has been completed.
• Your FNB and First Rand Bank (FRB) Accounts must be in good standing. This means that none
of your FNB or FRB Accounts and credit agreements are overdrawn, or in arrears, or in default, or
subject to any legal process with FNB or FRB.
• Legal process means any legal proceedings in any court of law involving you and FNB RMB Private
Bank or FirstRand Bank, including but not limited to collections, liquidation and sequestration
proceedings.
• You hereby request and authorize ‘Payment & Collections Service’ (PACS) to draw against your First
National Bank account the payment of the monthly debit due in respect of the Product supplied by
FNB and you agree to pay any bank charges relating to this debit order instruction.
• You must have consented to FNB making enquiries at the Credit Bureau(s) about your credit worthiness.
• You must register for FNB or RMB Online Banking, Email statements and the FNB or RMB Private Bank
Banking App.
• You can only apply for the specified Product on offer supplied by FNB, subject to stock availability. Whilst we
strive to deliver timeously, there may be unforeseen circumstances beyond our control, which may cause
delays in delivery.
• You may qualify for up to four Products supplied by FNB, per customer. We reserve the right to limit the
quantities of specified Products supplied by FNB as advertised, from time to time.
• We reserve the right to withdraw any advertised offer. Should we withdraw any advertised offer, we will
publish such withdrawal on www.fnb.co.za
• If you have previously applied for the maximum number of Products supplied by FNB, and have settled those
contracts, you become eligible to apply for other available Products on offer from FNB subject to meeting
the Terms and Conditions outlined in this document.
• You provide consent to FNB to share your personal information Third Parties, which may include Couriers
for delivery of your Products purchased through FNB, or the Telecommunication Service Providers for the
provision of Telecommunication Services.
• You must be a South African citizen or a foreign national.
• If you are a foreign national, you are required to submit valid documentation at the time of your
application for a Product supplied by FNB. This documentation must not expire for the duration of
the contract term i.e. for 24 months from date of purchase.
• This documentation needs to be sent to [email protected]
• The following documentation is required.
Work permit and Employment contract
Copy of passport
Proof of income
• Should your application for a Product supplied by FNB be unsuccessful, FNB may reassess your application,
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
which may include an additional credit bureau check, and where applicable, make alternative offers on
available Products supplied by FNB.
• When applying for a TV (s) the following will apply to you:
• You must have a valid and up to date SABC TV license. FNB will not issue SABC TV licenses if you do not have
one. If you purchase a TV and do not have a valid SABC TV license, we will not deliver your TV to you until you
can provide proof of a valid SABC TV license in your or your spouse’s name. You have 5 working days from the
date of sale to provide proof of your valid SABC TV license.
• Should you not provide a valid and up-to-date SABC TV license within 5 days of sale; your order will be
cancelled.
3. Special offers relating to the FNB Fluid Account:
From time to time, we may present special offers on the FNB Fluid Account. To qualify, customers must link their
qualifying FNB Cheque Account to an FNB Fluid account.
4. FNB owns the product supplied by FNB until you have paid for it. While it is in your
possession, you alone carry the risk if the product supplied by FNB is lost, damaged
or stolen. It is your responsibility to ensure that the product supplied by FNB is
insured.
You will only become the owner of the Product supplied by FNB, once you have paid all the installment amounts
to FNB. If the Product supplied by FNB is lost or stolen, you must immediately report this to the police. You will
still be responsible to pay FNB for the Product supplied by FNB even if it is lost, stolen or if it is damaged. For this
reason, FNB recommends that you insure the Product supplied by FNB against loss, damage and theft. You alone
will carry the risk if the Product supplied by FNB is lost, damaged or stolen, once it is delivered to you. For your
convenience, FNB offers Insurance on selected Products supplied by FNB only. For more information call
087 736 7270. You must make sure that your customer details (contact details) are up to date.
5. Rules pertaining to accessories
• FNB does not provide insurance for accessories and Telecommunication sim cards.
• FNB reserves the right to offer or withdraw offers on accessories.
• Accessories will be provided subject to availability of stock.
6. How and when you must pay for the product supplied by FNB?
• You must have funds available in your qualifying FNB Account on an agreed date over the 24 month period,
to pay for the Product supplied by FNB.
• Depending on the date in the month when you have applied for an available Product on offer from FNB,
will determine whether you are billed for the Product supplied by FNB in the same month, or the following
month.
• You will be billed at least one month in arrears from the time that your Product supplied by FNB has been
delivered to you. Should you have insufficient funds in your qualifying FNB Account to allow for a successful
debit order, we reserve the right to debit your FNB Account until the arrears amount has been settled.
• Where you have applied for a Telecommunication Services Contract bundled with another Product supplied
by FNB, you may be billed separately i.e. the debit order for the Product supplied by FNB may be debited
separately from the debit order for the Telecommunications Contract. The total amount may be combined
when advertised at the time of application, but may reflect as separate charges on your FNB Bank Statement.
• We will charge you a courier delivery fee upon the successful delivery for the Products supplied by FNB,
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
which you applied for, as follows:
• R150.00 for your Smart Devices, Gaming Consoles and Telecommunication sim cards
• R300.00 for your Appliances (Televisions, Microwaves, Washing Machines, DVD Players and Home
Entertainment Theatres)
Should you apply for multiple Products available on offer from FNB on the same day, through the same sales
channel, we may initially charge one delivery fee per Product. If charged multiple delivery fees for the same order,
we will reverse each Product delivery fee and only charge you a single delivery fee for the multiple Products taken
up on the same day, from the same channel.
Should you apply for multiple Products available on offer from FNB on different days, and / or through different
sales channels, you will receive separate deliveries with corresponding courier delivery charges. This means that
you will incur a courier delivery charge per Product delivered.
You hereby authorise the Bank to issue and deliver payment instructions for collection against your
qualifying FNB account, for payment of the product supplied though FNB on condition that the sum of such
payment instructions will never exceed your total amount due. In the event that the payment day falls on a
Sunday or recognised South African public holiday, the payment day will automatically be the very next ordinary
business day. This mandate may be cancelled by you or us, however, such cancellation will not cancel your
obligation to pay us. If there are insufficient funds in your qualifying FNB account, you authorise FNB to continue
to attempt to collect payment from your qualifying FNB account and re-present the instruction for payment as
soon as sufficient funds are available in your qualifying FNB account.
• Should you purchase an accessory through FNB, you agree that FNB will automatically deduct the payment
for the accessory inclusive of VAT in one payment on either the first billing cycle, or the second billing cycle.
• You must make sure that you have funds available in your qualifying FNB account on the agreed dates
described above.
• The deduction for the Products supplied by FNB will be shown on your monthly qualifying FNB Account
statement. If you need information about your account balance on the Product supplied by FNB, please
contact FNB on 087 736 7270.
• Depending on the Product(s) supplied by FNB, to be able to use the Products supplied by FNB, you may need
certain Telecommunication services. This may include a sim card from a Mobile Network Operator (MNO).
You may be required to arrange for the necessary Telecommunication services yourself, and pay for them
separately. FNB may, from time to time, provide certain Telecommunication services, details of which will be
provided to the qualifying FNB customers.
7. Circumstances under which you must pay the full FNB retail price of the products
supplied by fnb
You will be in default of this agreement and become legally responsible to pay FNB the full FNB Retail Price of
the Products supplied by FNB as at the time of purchase, immediately in one payment, if any of the following
happens:
• If you pay for the Products supplied by FNB in full before the end of the 24 month payment period (early
settlement)
• If your qualifying FNB Account is closed for any reason before the 24 month payment period has ended
• If FNB cannot deduct your monthly installment due for any reason
• If your credit bureau report/records, FNB, or FRB accounts are not in Good Standing
• If you do not register for FNB or RMB Private Bank Online Banking, Email statements and the FNB or RMB
Private Bank Banking App
• If you do not pay your salary / income into the qualifying FNB Account
• If you do not switch your debit order deductions to the qualifying FNB Account
• If you do not meet the Minimum Income Requirements for the qualifying FNB Account every month for the
24 month period.
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
• If you change your FNB account type to an FNB account that does not qualify for the Products supplied by
FNB (you must have a Qualifying FNB Account)
FNB will inform you in writing when the above occurs and indicate that you are in default of this agreement. Any
of the following acts below will place you in default of this agreement if you do not fix them:
• If you breach any of FNB terms and conditions
• If you fail to pay the full agreed monthly installment due
• If you are in arrears on any other accounts with FNB or FRB
• If your salary / income is not be paid into the qualifying FNB Account
• If you fail to meet any other Qualifying Criteria
• If your qualifying FNB Account debits exceed your available balance for a period longer than 30 days from
the date of the last deposit made into the qualifying FNB Account
• If you default on payments while you are under Debt Review
You will become legally responsible to pay the FNB Retail Value of the Products supplied by FNB, which will be
calculated as follows:
• The recommended Retail Price of the Products supplied by FNB, at the time you applied for the Products
supplied by FNB, less the total amount you paid for the Products supplied by FNB, until the date of your first
default event.
• If you do not pay the FNB Retail Value of the Products supplied by FNB when required, FNB will take legal
action against you. FNB reserves the right to charge you default administration charges, legal fees on an
attorney and client scale and collection costs. Interest will apply for the Products supplied by FNB at the
Recommended Retail Price at a rate of 2% per month.
8. Early cancellation
A cooling off period of (7) calendar days will apply from the date you enter into this agreement or take delivery of
the Products supplied by FNB.
If you return a Product supplied by FNB in a damaged state, FNB can charge you for the required repair, or the
extent to which the Products supplied by FNB has lost its value, as per the table below. Additionally, FNB has the
right to charge you for the courier collection fee, and if applicable a courier return / delivery fee.
If you wish, you can cancel this agreement after the (7) day cooling off period, however, you will become
legally responsible to pay FNB an early cancellation penalty for the Products supplied by FNB and / or the
Telecommunication Services Contract (if applicable), which will be calculated by FNB taking the following into
account:
• the amount you are still owe FNB up to the date of cancellation
• the value of the transaction up to cancellation
• the value of the goods which will remain in your possession after cancellation (if applicable)
• the value of the goods that are returned to FNB (if applicable)
• the duration of the consumer agreement as initially agreed
• losses suffered by or benefits accrued to you as a result of you entering into the agreement
(Discounted Price of the Products supplied by FNB may be taken into account)
• the nature of the goods or services
• the length of notice of cancellation provided by you
• the reasonable potential for FNB, acting diligently, to find an alternative consumer
• the general practice of the relevant industry
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
Please refer to the table below for illustrative examples of how the Smart product early penalty fee may be
calculated.
Early
Cancellation
Penalty fee
(% of Retail
amount)
Courier Collection, Return/Delivery Fee
Y/N
Device
Condition
Indicator
Name
Description
0%
R150 - Smart Device or Gaming Console
R300 - TV, Appliances and Entertainment Bundles
Y
A
New:
Unopened
The smart device, gaming console or TV
is still in the original packaging.
20%
R150 - Smart Device or Gaming Console
R300 - TV, Appliances and Entertainment Bundle
Y
B
New:
Opened
The smart device gaming console or TV
is unpackaged/opened but not used
40%
R150 - Smart Device or Gaming Console
R300 - TV, Appliances and Entertainment Bundle
Y
C
Used:
Flawless
The smart device gaming console or
TV has been used but in excellent
condition
60%
R150 - Smart Device or Gaming Console
R300 - TV, Appliances and Entertainment Bundle
Y
D
Used:
Partial Damage
Repairable with minimum cost. Used
with partial damage (screen scratched
etc), or items are missing (which
include, but are not limited to the
original packaging).
80%
R150 - Smart Device or Gaming Console
R300 - TV, Appliances and Entertainment Bundle
Y
E
Used:
Significant Damage
Repairable with significant costs
100%
R150 - Smart Device or Gaming Console
R300 - TV, Appliances and Entertainment Bundle
Y
F
Used:
Fully Irrecoverable
Fully Irrecoverable
In addition to the above, FNB can charge you for the following:
• The necessary restoration costs to make the Products supplied by FNB fit for re-stocking, and / or resale.
• For the use of the goods during the time they were in your possession.
• For delivery, and collections costs
Where a Telecommunication Services Contract has been applied for, an early cancellation penalty may apply.
9. Set off
If you don’t have funds available in your qualifying FNB Account to pay your monthly smart device or gaming
console installment, FNB can exercise its right to apply set-off on any of your other accounts with FNB. This
excludes your qualifying FNB Cheque Account, in the event that it is linked to your FNB overdraft Facility. FNB will
inform you via SMS in advance, and further once set-off is done on any of your FNB accounts. The amount setoff will be shown in the balance of your smart device or gaming console account.
10.
What happens if you don’t meet your obligations under this agreement (default)
Then without limiting FNB’s rights, FNB may by giving written notice to you, cancel this contract, and / or demand
that you perform all your duties to it under this agreement. If you default, FNB may do the following:
• Charge you 2% per month interest under Section 5 of the National Credit Act (“NCA”).
• Charge you default administration charges. Default administration charges will be equal to the amount
payable for a registered letter of demand in undefended actions under the Magistrates Court Act 1944.
Default administration charges are payable for each letter FNB sends you under Part C of Chapter 6 of the
“NCA”.
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
• Charge you collection costs. Collection costs will not exceed the amount it costs FNB to collect the debt to
the extent limited by Part C of Chapter 6 of the NCA and under the following legislation:
• The Magistrates’ Courts Act 1944
• The Attorneys’ Act 1979
• The Debt Collectors’ Act 1998
• The Supreme Court Act 1959
11.
Defective products supplied by FNB
If the Products supplied by FNB are defective while it is still under the manufacturer’s warranty, you must notify our
Device Guru call centre on 0861 888 674. You will be advised of the procedure for the assessment and repairs.
If the defect relates to a Manufacturers fault, repairs to the Products supplied by FNB will be covered under the
Manufacturer’s warranty. The Manufacturer’s warranty is only valid for a period of one year or stated otherwise
from date of receipt of the Products supplied by FNB. If the defect is found to be caused by user negligence (water
damage, being dropped, misused, etc.), this will be communicated to you by the Manufacturer and the cost of repairs
will be for your account.
12.
Limitation of liability
FNB will not be legally responsible to you or any other person for any loss or damage suffered (whether direct or
indirect) if:
• FNB cannot supply and / or deliver any available Product on offer, either on the required date, or at all, due to
unexpected stock constraints experienced by the relevant supplier
• FNB is not the supplier of the Telecommunication Network Services, thus FNB cannot be held liable by you or
any other person for any loss or damage suffered due to the fact that the Network Services are interrupted,
suspended or cancelled, for whatever reason, having the effect of limited use of Products supplied by FNB
13.
Dispute resolution
If a dispute between you and FNB arises you can send a complaint to [email protected], or call 087 736 7270. FNB
will respond to you in writing. If your dispute is not resolved you can lodge a dispute with the Ombudsman for Banking
Services at telephone number (011) 712 1800, or www.obssa.co.za.
You can also refer the matter to the National Consumer Commission with contact details:
086 026 6786 or www.nccsa.org.za
Or the National Consumer Tribunal with contact details:
012 683 8140 or www.thenct.org.za
If you default under this agreement and the agreement becomes an Incidental Credit Agreement, you refer a
complaint to the National Credit Regulator or Credit Ombudsman.
14.
General
• The laws of the Republic of South Africa govern this agreement.
• While FNB may give you extra time to comply with your duties to us under this agreement or decide not to
exercise some or all of our rights against you, you must not assume that this means that our agreement with
you has been changed, or that it no longer applies to you, or that FNB has waived (given up) all or some of its
rights. FNB can still insist that you comply with your duties to it, or enforce any of its rights against you at a
later stage.
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
• Every clause in this agreement is severable from the other clauses in this agreement. This means that even if
a court finds that one or more clauses are invalid the rest of the clauses will still apply.
• These Terms and Conditions constitute the whole agreement between you and FNB about the Products
supplied by FNB.
• If FNB needs to take legal action against you, one of our employees (who need not prove his / her
appointment), will produce a certificate to the court, recording the amount you owe us. If you disagree with
this certificate, you will have to prove that it is incorrect.
15.
Terms and conditions for fnb vodacom telecommunication contracts supplied
by FNB
• The FNB Vodacom Telecommunication Contract offers are made available to new qualifying FNB Cheque
Account holders and existing qualifying FNB Cheque Account holders.
• Debit Order Switching for new FNB customers must be processed through FNB.
• The debit order for FNB Vodacom Telecommunication Service Contracts will be processed on the 25th of
every month.
• You hereby request and authorize ‘Payment & Collections Service’ (PACS) to draw against your First National
Bank account the payment of the monthly debit due in respect of the FNB Vodacom Telecommunication
Services Contract supplied by FNB and you agree to pay any bank charges relating to this debit order
instruction.
• You hereby authorise the Bank to issue and deliver payment instructions for collection against your
qualifying FNB account, for payment of the product supplied though FNB on condition that the sum of
such payment instructions will never exceed your total amount due. In the event that the payment day
falls on a Sunday or recognised South African public holiday, the payment day will automatically be the very
next ordinary business day. This mandate may be cancelled by you or us, however, such cancellation will not
cancel your obligation to pay us. If there are insufficient funds in your qualifying FNB account, you authorise
FNB to continue to attempt to collect payment from your qualifying FNB account and re-present the
instruction for payment as soon as sufficient funds are available in your qualifying FNB account.
• Where you have applied for a Telecommunication Services Contract bundled with another Product supplied
by FNB, you may be billed separately i.e. the debit order for the Product supplied by FNB may be debited
separately from the debit order for the Telecommunications Contract. The total amount may be combined
when advertised at the time of application, but may reflect as separate charges on your FNB Bank Statement.
• You must pay your monthly salary or income into the qualifying FNB Account, and meet the minimum income
requirements for the qualifying FNB Account each month, for the duration of the 24 month agreement
period.
• You provide consent to FNB to conduct a credit check.
• Should you have insufficient funds in your qualifying FNB Account to allow for a successful debit order, FNB
will follow the current default process outlined in 10 above.
• Should you default on payment or breach any of the Products Supplied through FNB Terms and Conditions
and/or the qualifying FNB Account Terms and Conditions, FNB reserves the right to suspend the FNB
Vodacom Telecommunication Services in the first months of default. Should you fail to rectify the default in
the second month, FNB reserves the right to follow the default process under 10 above. . Should you wish to
cancel the FNB Vodacom Telecommunication Services Contract, prior to the 24 month agreement period, we
may impose a reasonable penalty fee as outline in 8 above.
• Should you wish to settle your FNB Vodacom Telecommunication Services Contract, prior to the 24 month
agreement period, you will be liable for the full settlement value of the FNB Vodacom Telecommunication
Services Contract, and will forfeit the data and voice services.
• You may apply for multiple FNB Vodacom Telecommunication Service Contracts, subject to you meeting the
qualifying criteria.
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
• FNB offers you the following Vodacom Contracts, which may include, but are not limited to:
• the FNB Vodacom MyGig top up Contract/Top Up data
• the UChoose Smart (S, M, L,XL)
• The UChoose Flexi
• Vodacom offers brought to you by FNB may be available for a limited time period only.
• Vodacom voice, data and sms Rates are subject to change. FNB will not be liable for any additional cost to
recharge your Vodacom account.
• All Vodacom Telecommunications Contract offers are subject to availability of the stock, and termination of
offers will be published on www.fnb.co.za.
• You will not be allowed to port your number from another Mobile Network Operator.
• All Vodacom sim cards must be registered for RICA before activation. You are required to present your valid
RSA Identity Document or valid Passport, and proof of residence not older than 3 months. If you reside in an
informal settlement, provide an Affidavit confirming your residence or a letter from your local school, church
or retail outlet where you currently receive your post.
• You may be charged for the volume of data sent and received, not the time spent connected, unless
otherwise stated. Transfer speed is not guaranteed and is dependent on network availability as well as device
capability. A compatible device is required to use LTE, 3G and HSDPA Services.
• All Contract, Once-off and recurring standard bundles Data, unless otherwise stipulated, is available for use
until the last day of the month after purchase or allocation. Promotional data is available for 30 days from
the date of purchase. Once you have used your bundles, the out-of-bundle date rate prevailing on your
current Price Plan will be applied to your data usage. Bundles and Price Plans as advertised may only apply to
standard consumer APN’s.
• Prepaid, Top-Up and UChoose customers: It is your responsibility to ensure that the balance in your
Vodacom airtime account is sufficient for any downloads or other activity. You may not be refunded if you
attempt to download any items and then run out of funds during this download, causing the session to be
terminated. Prepaid, Top Up and UChoose Flexi customers must have a minimum Vodacom airtime balance
of R2.00 to initiate a session.
• Vodacom UChoose Smart and Flexi Anytime minutes are available for calls to SA Networks any time. Calls
will be billed per second. Inclusive minutes may not be used for International numbers; premium rated
IVR Services, short codes or calls while roaming. Included SMS may only be used for SMS to national SA
Networks. Out-of-bundle rates applicable to the Price Plan will be applied once you have used the bundle
monthly allocation included in the Price Plan. Monthly Vodacom airtime allocation on the UChoose Flexi
packages cannot be used for the purchase of premium rated content and VAS Services. UChoose customers
have access to certain VAS offers and services, which Vodacom reserves the right to discontinue.
• SMS/MMS charged in accordance with your prevailing Price Plan. SMS/MMS bundles are available for use for
30 days from the date of purchase / allocation, and may be used only for sending messages to SA networks.
International destinations, roaming SMS/MMS services, premium services (SA and International) will be
charged for according to the prevailing out-of-bundle rate for SMS/MMS on your current Price plan.
• For Smart Price Plans (excluding Smart Light), Vodacom Anytime minutes are available for calls to SA
networks, anytime. Calls billed per second. Vodacom Anytime minutes may not be used for calls to
international numbers. Premium rated IVR services short codes and calls while roaming will be charged at the
applicable rates prevailing on the Price plan. SMS included in the Price plan may only be used for SMS to SA
networks. Other SMS will be charged at rates applicable to your Price plan. Out-of-bundle rates applicable to
the Price plan will be applied once you have used the bundle (Minutes, SMS and/or Data, where applicable)
included in the Price plan. Vodacom Anytime minutes, SMS and Data (MB) included in the Price plan will
be available for use for a maximum of 1 month after the month it was allocated. Full terms and conditions
herein are available on www.vodacom.co.za/smartterms or www.vodacom.mobi/smartterms
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
• The following rules apply to the FNB Vodacom MyGig top up agreement period:
• Should you wish to arrange for your own debit order switching, you may not be entitled to the monthly FNB
Vodacom MyGig top up data.
• If your qualifying FNB accounts are not in good standing and/or the FNB qualifying Cheque Account
rules are not met in a particular month, you will lose the FNB Vodacom MyGig top up data for that
month.
• Should you default or breach any of the Products Supplied through FNB Terms and Conditions and/
or the qualifying FNB Cheque Account terms and conditions, FNB reserves the right to terminate the
FNB Vodacom MyGig top up contract.
• Should you default on your qualifying FNB Cheque Account, FNB will not provide you with the free
FNB Vodacom MyGig top up data allocation for that month.
• Should you not use the full FNB Vodacom MyGig top up data allocation within the month, it will carry
over and will expire at the end of 90 days from the first month earned.
• Should you exceed the monthly FNB Vodacom MyGig top up data allocation within the month, it is
your responsibility to recharge your Vodacom account at your own expense.
• FNB will only provide the monthly FNB Vodacom MyGig top up data if all the above rules are met.
• You will be provided with a compatible FNB Vodacom MyGig top up sim card with the selected
Product offered by FNB.
• Activation of your FNB Vodacom MyGig top up sim card will occur within 3 business days upon
delivery to you.
• You will not be charged a sim card activation cost.
• Your FNB Vodacom MyGig top up contract will topped up on the first of every month with the data
applicable to the selected offer only.
For further information, please refer to the Vodacom terms and conditions at www.vodacom.co.za
16.
Terms and conditions for FNB Cell C telecommunication contracts supplied
by FNB
These terms and conditions, together with the Cell C Service Provider Company (Pty) Limited Subscriber Agreement
Terms and Conditions (the Cell C SP Agreement), which is available on the Cell C website (www.cellc.co.za/termsand-conditions) will apply to you if you are using a Cell C sim card (“SIM Card”) for data services(“Services”) . It is
important that you click on this link and read the Cell C SP Subscriber Agreement before you continue with your – use
of the sim card and Services. If you continue with the use, you agree that you have read and understood and agree to
be bound by the Cell C SP Agreement. A copy of the Cell C SP Terms and Conditions will also be delivered to you.
Activation
The sim card and Services will be activated once Cell C have received confirmation that the sim card has been
delivered to you and that the provisions of the Regulation of Interception of Communications and Provisions of
Communication-Regulated Information Act 70, 2002 as amended, have been complied with. If your sim card is not
activated within 72 (Seventy two) hours, please contact us on 087 736 7270 for assistance.
Payment
You agree to pay a monthly subscription fee for the sim card, the services and all usage charges, including
international roaming charges and charges for additional services and value added services, incurred while using the
sim card. It is your responsibility to ensure that you have sufficient funds to pay any and all amounts owing to Cell
C Service Provider and that you have given us your correct banking details. If the debit order fails for any reason, we
have the right to subsequently use any legal means available to us (including early debit order facilities) to recover
any and all amounts owing to us.
Safekeeping of the sim card
You are responsible for the safekeeping of your sim card and you agree to notify us and the police immediately if your
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
sim card has been lost or stolen. The Cell C SP Agreement will not come to an end if your sim card is lost, stolen or
damaged. You must continue to pay all charges until the Cell C SP Agreement has been terminated.
What happens if you do not comply with the Cell C SP Agreement
If you do not comply with the Cell C SP Agreement and/or if you do not pay all the amounts due to Cell C SP on or
before the due date for payment then, we will deliver a notice to you and may:
• charge interest on the overdue amount at the interest rate notified to you and calculated from the due date
of payment to the date of actual payment to us
• inform any credit bureau of your payment default
• suspend the Services
• cancel the Cell C SP Agreement
• charge you for use of the Services up to the date of cancellation; and/or
• claim damages from you that we may suffer due to your breach
Limitation of Liability
Although we take all reasonable measures to ensure that the Services are offered to you on a consistent and
continuous basis, we cannot always guarantee a continuous fault free service. Neither Cell C SP nor Cell C (Pty)
Limited (‘Cell C’) will be liable to you for any liability, loss(es) and/or damage and/or cost or expense whether direct,
indirect and/or of a consequential nature including any loss of income and/or loss of Profit and/or loss of anticipated
savings suffered by you due to:
• any reasonable suspension, termination or temporary unavailability of the electronic communications
network operated by Cell C, or any of the Services, or any unavoidable delay in the performance of the
Services;
• any change in your number if we are obliged to do so in terms of law, or if you or your authorized
representative requests us to change your number;
• or the porting of the number given to you by us at your request, or a request made on your behalf or as a
result of any delays in effecting such port.
Mobile Number Portability
The Services (including voicemail messages and data), any third party services and any service credits provided to
you by the other electronic communications network provider or electronic communications service provider are
not transferable to us if you port your number(s) to us and you will only have access to the Services as provided
for and defined in the Cell C SP Agreement. You have to pay all outstanding amounts due to the other electronic
communications network provider or other electronic communications service provider. You remain liable to pay all
amounts due to us in the event that you want to port your number to another electronic communications network
provider or electronic Communications service provider.
Monthly Usage Limit
An automated monthly usage limit, which will depend on the monthly subscription fee that you have agreed to
pay (‘Monthly Usage Limit’), will apply to the Services. The Monthly Usage Limit can be decreased or increased at
your request (Please contact Cell C). We cannot guarantee to implement the Monthly Usage Limit and you remain
responsible to pay for all charges spent on your SIM Card over and above the Monthly Usage Limit regardless whether
or not we implement the Monthly Usage Limit. The Monthly Usage Limit cannot be applied when you are using your
SIM Card outside the borders of South Africa (also called ‘international roaming’) as we may not receive information
relating to international roaming charges during the period that international roaming is activated in a timely manner.
We advise that you do not use data while you are roaming outside the boarders of South Africa unless you are aware
of the necessary data charges. You will remain liable for all international roaming charges, which include charges for
all calls made and received, SMS sent and received, as well as data used.
• FNB will not provide the option for number porting on the Cell C Telecommunication sim cards.
• You hereby request and authorize ‘Payment & Collections Service’ (PACS) to draw against your First National
Bank account the payment of the monthly debit due in respect of the FNB Cell C Telecommunication
Services Contract supplied by FNB and you agree to pay any bank charges relating to this debit order
instruction.
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
• You will only be issued one free CellC Reward sim card, pre-loaded with a once off data allocation to the
value of 35MB per customer, irrespective of how many Products supplied by FNB have been applied for and
received. This sim card may be used for voice or data services. Please note that the CellC Reward sim card is
not capable of being ported.
• Please refer to www.ebucks.co.za for further details relating to your FNB Rewards Level.
• For further information on Cell C’s terms and conditions, kindly refer to www.cellc.co.za/terms-andconditions.
The content below reflects the Terms and Conditions which are applicable if taking out Insurance through FNB, for
Products supplied by FNB. Please note that appliances (including but not limited to televisions, microwaves, washing
machines, DVD players and home entertainment theatres) will not be covered by the insurance provided by FNB.
Insurance terms and conditions
Products supplied by FNB
Kindly be advised that the below terms and conditions must be read in conjunction with FNB’s Device Insurance
policy wording as well as Policy Schedule.
For this Section:
1. Where the words you / your / yours / yourself are used this includes members of your family normally resident
with your specified property described in the specified article schedule.
2.
Where the words we / us / our, are used this means FNB Value Banking Solutions.
Debit Order Authorization:
You hereby request and authorize ‘Payment & Collections Service’ (PACS) to draw against your First National Bank
account the payment of the monthly debit due in respect of the Product supplied by FNB insurance policy and you
agree to pay any bank charges relating to this debit order instruction.
Please note that there will be a separate debit order for the Product supplied by FNB and for the Insurance on the
Product supplied by FNB, and the Insurance will be debited separately from the monthly loan installment for the
Product supplied by FNB.
The Insurance debit order default date is the 26th monthly. Should you wish to change this date, please contact
087 736 7270 for assistance.
Interest of FNB:
FNB notes an interest in the insured property. You agree that the Insurance Company will first pay FNB to the extent of
FNB’s interest in the property, namely the amount which is owing to FNB or the amount noted in the policy schedule,
whichever is the lesser amount.
Insured Events:
All events causing loss of or damage to the insured property are considered covered in terms of this Insurance, unless
specifically excluded in FNB’s smart device or gaming equipment device Insurance Policy Wording and / or Policy
Schedule.
Cover Provided:
We will cover only property specifically insured at an additional premium subject to the extensions, limitations and
warranties that apply. This means that the property must be described in the policy schedule. If it is not described in
the policy schedule, it will not be eligible for insurance cover.
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
1. Mobile communication devices and accessories
2.
1.1
We will indemnify you for theft, accidental loss of, or accidental physical damage of mobile
communication devices
1.2
We will indemnify you for mobile communication device Accessories as stated to be included in the
Schedule at an additional premium. Subject always to the limit of indemnity stated in this Policy
Schedule
Computing equipment devices, accessories & software
2.1
We will indemnify you for theft, accidental loss of, or accidental physical damage to computing
equipment devices
2.2
We will indemnify you for computing equipment devices Accessories as stated to be included in the
Schedule at an additional premium
2.3
We will indemnify you for Proprietary Software as stated to be included in the Schedule at an
additional premium Subject always to the limit of indemnity stated in this Policy Schedule
3. Gaming equipment devices
3.1
We will indemnify you for theft, accidental loss of, or accidental physical damage to gaming
equipment devices including standard issued remotes
3.2
We will indemnify you for gaming equipment devices, including standard issued remotes, as stated
to be included in the Schedule at an additional premium. Subject always to the limit of indemnity
stated in this Policy Schedule
Exclusions
The following items are re not covered:
1.
Television, Television Bundles, Appliances and devices that insurance is not provided for.
2.
Theft from any vehicle which is left unattended and where Specified Property was not in the locked luggage
compartment or locked concealed interior forming part of a locked vehicle. Entry must be visible, forcible or
violent.
2.1
In the case of 4x4, 4x2 and Light delivery vehicles the Specified Property must be concealed as far
as possible and entry must be visible, forcible or violent.
2.2
The use of car lock “jamming” devices, that prevents your vehicle from locking, will not constitute
visible, forcible or violent entry.
3.
Anything covered by any guarantee, manufacturer’s warranty, service contract, purchase contract or any
purchase agreement / lease agreement of any type.
4.
Property, whether it will be processed or not, obtained with the purpose to dispose of it in a business
transaction.
5.Depreciation.
6
Maintenance, gradual deterioration of any nature, wear and tear, decay or any damage / loss caused by any
gradually operating origins, development of poor contacts and scratching of surfaces.
7.
The costs of any alteration, addition, improvement or overhaul carried out at the time of repair.
8.
Loss or damage caused by:
• household pets
• inherent vice or defect, vermin, insects, ants, termites, rodents, moths, mildew, damp corrosion,
oxidation or rust
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
• upgrading, cleaning, repairing or restoring
• mechanical, electrical or electronic breakdown
• the action of light or atmospheric conditions
• the accidental erasure caused by programme errors, viruses, Trojans, worms or other destructive
media, incorrect entry or the inadvertent cancellation or corruption of data or the special value
which any article may have as part of a set
9.
The cost of reproducing sounds, data and images on tapes, records, memory cards, films or magnetic media.
10.
Loss of use or other consequential loss, damage or liability of any nature whatsoever other than specifically
provided for herein.
• Costs/fees incurred as a result of any courier delivery and / or collection services.
• Gross negligence. Parts having a short life such as (but not limited to) bulbs, fuses or sacrificial
buffer circuits.
• If such parts are damaged as a result of damage to other parts we will indemnify you for the residual
value of these parts.
11.
Any loss of or damage caused by, or through or in connection with the use of any software or after market
down loadable applications that causes interference /corruption of data / loss / damage to the
insured device.
12.
Software / operating system malfunctioning.
13.
Software and Accessories unless specifically insured by this policy at an additional premium excluding
the splitting of cases, covers and skins.
14.
SIM cards.
15.
Game Disc’s (CD’s / DVD’s).
16.
The First Amount Payable/Excess as specified in the schedule:
The following excess amounts are payable by you:
• Basic Theft or Accidental Loss of Device -10% of the gross claim with a minimum of R500
• Basic Accidental Damage Claims - R500 per event
• Please note that an excess amount of R1,500 will be applied in addition to the basic excesses, as stated
above, in the event that your device has not been insured for a period longer than 6 (six) months
• If a claim is submitted within 12 months from the date of the last claim there will be an additional excess of
R450 payable per event in addition to the basic excesses as stated above
Special Clauses, Conditions and Warranties:
1.
Basis of settlement:
We may pay-out, repair, or replace your device. In the event of pay-out, this will be calculated at the current
replacement cost.
If at the time of theft or accidental loss or damage, the cost of replacing the insured property is greater
than the sum insured, you will be your own insurer for the difference and will bear a ratable proportion of the
loss or damage.
Settlement is subject to any limitations or first amount payable.
2.
Reinstatement of specified items:
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.
If any item stipulated in the schedule is subject to a total loss, the lost or damaged item will be deleted from
the schedule.
Should you receive a replacement item, the onus is upon you to provide us with the details of the
replacement item for insurance.
3.
Availability of Stock:
If any item stipulated in the Policy Schedule has been discontinued, or we don’t have stock, The Insurance
Company will pay us the outstanding settlement amount for your device, or the amount shown in the
schedule whichever the lesser amount is. You will however remain responsible for any shortfall amount owing
to us that was not paid by the Insurance Company.
Contact details:
Telephone
Email
Fax
SALES
0861 000 804
[email protected]
0865 827 232
ADMIN
0861 000 804
[email protected]
0865 827 133
CLAIMS
0861 000 804
[email protected]
0865 827 135
17.
Errors And Omissions
FNB reserves the right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw these Terms
and Conditions, any advertisements, any advice or information provided by our call centers, or branches or other
vendors of FNB products. FNB shall not be held responsible for any errors or discrepancies in the information
provided. We strive to keep our information provided up to date and it is to our best knowledge and that of our
supplier’s knowledge, that the information contained herein is correct, but we will not be held responsible if an error is
found.
First National Bank - a division of FirstRand Bank Limited. An Authorised Financial Services and Credit Provider (NCRCP20). Reg. No. 1929/001225/06.

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