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Customer contract

Contract number: 10310110218227311026

Customer's Details
Title Hon. Customer Name Test Sain
Date of Birth 30/01/1980 Gender Male
ID Type Passport ID Number G1234567
Nationality South Africa ID Expiry Date 12/02/2013
Gross Monthly Income 20000

Contact Details
Residence Own
Residential Address sd
Postal Code 1234 Period at Current Address
Home Telephone No. E-mail

Employment Details
Employment Status Position
Job Description Monthly Salary R 20000
Company Name Cell C Duration of Employment 12/2010
Work Telephone No. 0311234567

Banking and Payment Details

Account Code 1 100413968

Method of payment Direct Debit
Debit Order Date 15 Bank Account Type Savings
Account Holder's Name TestSain Bank Name ABSA BANK
Account Number 9186355222
Branch Name RIVONIA TVL Branch Code 632005
Credit Card Credit Card Number
Postal address sd
Postal code 1234

Subscription Information

Mobile No. / Sim Price (R) Price (R) Discount Contract

No. Product Start date
card No. excl.VAT incl. VAT period period

Active Chat 100 219.30 250.00
0740006111 Free Value Pack Extended Warranty 3.07 4.00
1 18/02/2011 24 month(s)
311009412964 Free Value Pack Handset Cover 3.07 4.00
Calling line identification presentation 7.46 8.50
Itemized Bill 18.86 21.50
I have read, understood and agreed to be bound by the terms and conditions that accompany this application from given above is true and correct and that I
hereby consent to Cell C(Pty) Limited credit vetting this application.

Customer Name Test Sain Dealer Code NL.01(Dealer Centre)

Date 18/02/2011
Place Signature

Contract number: 10310110218227311026 Page 1 of 2

Unless the context clearly indicates a contrary intention, all words and expressions used shall have the meaning 6.1 Unless otherwise agreed in the Application Form, ownership in and to any Subscriber Equipment sold to the
ascribed to them below: Subscriber at a subsidised price shall remain vested in Cell C SP and shall pass to the Subscriber after the
"the/this Agreement" means this document together with any annexures attached hereto from time to time; expiry of the full term of this Agreement provided that all amounts due by the Subscriber during that period
have been paid in full.

1.2 "Application Form" means the application form printed on the face hereof; 6.2 All risk in and to the Subscriber Equipment shall pass to the Subscriber on delivery.

1.3 "Call Charge" means the charge for a specified unit of time on the Cell C Network applicable from time to 6.3 Any Subscriber Equipment supplied by Cell C SP which is found to be faulty or defective as a result of
time; design, material or workmanship shall be covered by the manufacturer's warranty for a period of 12 (Twelve)
months from date of delivery and may be repaired or replaced at Cell C SP's sole discretion, provided that
1.4 "Cell C" means Cell C (Proprietary) Limited, a private company duly incorporated in the Republic of South such Subscriber Equipment has not been misused, overloaded, modified, tampered with or any repairs have
Africa with registration number 1999/007722/07; been effected thereto except by a Cell C SP authorised dealer.
1.5 "Cell C Network" means the digital cellular mobile telecommunications system operated by Cell C using the The Subscriber acknowledges and agrees that this Agreement is not conditional upon the functionality of the
GSM standard as defined by the European Technical Standards Institute; Subscriber Equipment and therefore the Subscriber shall not be entitled to cancel this Agreement or withhold
1.6 "Cell C SP" means Cell C Service Provider Company (Pty) Ltd, a private company duly incorporated in the any payments due under this Agreement due to any defect in the Subscriber Equipment.
Republic of South Africa with registration number 2001/008017/07;
1.7 "Connection Charge" means the initial charge for connection of a Subscriber to the Cell C Network set out in 7. INFORMATION
the Tariff Plan;
7.1 The Subscriber warrants that all information supplied in the Application Form is true and correct, and
1.8 "ICASA" means the Independent Communications Authority of South Africa established in terms of the undertakes to notify Cell C SP immediately in writing should there be any change thereto.
Telecommunications Act, No 103 of 1996 as amended, to regulate the operation of the GSM system in the
Republic of South Africa; 7.2 The Subscriber hereby consents to Cell C SP using any information supplied by the Subscriber to ascertain
its creditworthiness and for any other reason whatsoever which Cell C SP deems appropriate in relation to
1.9 "Interest Rate" means the prime interest rate as published from time to time by Nedcor Bank Limited; the Services, including market research for Cell C SP and Cell C, and entries in any directory published for or
on behalf of Cell C SP and Cell C.
1.10 "Monthly Access Charge" means the monthly charge for the Subscriber to be connected to the Cell C Cell C SP reserves the right to terminate this Agreement immediately and without prejudice to any other
Network as set out in the Tariff Plan; rights which Cell C SP may have, should any information supplied by the Subscriber be found to be incorrect
1.11 "Monthly Limit" means the monthly limit chosen by the Subscriber and agreed to by Cell C SP in terms of this and/or false.
1.12 "the Services" means such cellular mobile telecommunications services as are available from time to time
through the Cell C Network including but not limited to any value added services supplied by Cell C SP from 8.1 Without prejudice to any other rights at law or set out in this Agreement, Cell C SP may immediately
time to time; terminate this Agreement in the event that:

1.13 "SIM Card" means a subscriber identity module, bearing a Subscriber Number, which allows the Subscriber 8.1.1 the Subscriber breaches any term or condition of this Agreement;
access to the Cell C Network; 8.1.2 the Subscriber does or allows to be done any act or omission which adversely affects the operation of the
1.14 "SMS" means short message service generated through the Cell C Network; Cell C Network;
8.1.3 the licence to operate the Cell C Network is revoked, terminated or amended for any reason whatsoever;
1.15 "Subscriber" means the customer(s) of Cell C SP as indicated on the Application Form;
1.16 "Subscriber Equipment" means the mobile, digital cellular mobile handset or terminal supplied by Cell C SP
to the Subscriber as set out on the face page of this Agreement to connect to the Cell C Network; 8.1.4 the Cell C Network remains unavailable for a continuous period exceeding 60 (Sixty) days;
8.1.5 the Subscriber commits any act of insolvency in terms of the Insolvency Act No 1936, as amended or
"Tariff Plan" means the applicable tariff charges as indicated on the face page of this Agreement, as becomes subject to any sequestration, liquidation, winding-up or judicial management procedure or offers
published and amended by Cell C SP from time to time in its sole discretion. any arrangement or composition with its creditors.
8.2 Cell C SP shall disconnect the SIM Card and Subscriber Equipment from the Cell C Network upon early
2. INTRODUCTION termination of this Agreement and reserves the right to demand and the Subscriber hereby agrees to pay on
2.1 Cell C SP shall not be bound by the Application Form or these terms and conditions until such time as the demand all outstanding amounts of whatsoever nature including Monthly Access Charges for the remainder
Application Form has been signed by a duly authorised representative of Cell C SP. of the initial period of 24 months of this Agreement.
2.2 Cell C SP shall procure the activation of the Subscriber's SIM Card as soon as reasonably practicable after 8.3 Cell C SP reserves the right to claim an amount equal to the amount by which the Subscriber Equipment was
the acceptance of this Agreement by Cell C SP. subsidised by Cell C SP at the time of signature of this Agreement, in the event of early termination of this
Agreement for whatsoever reason.
8.4 Cell C SP shall be entitled to recover from the Subscriber all costs of administration and all legal costs,
This Agreement shall commence from the date that the SIM Card procured by the Subscriber from Cell C SP including attorney and own client costs and any collection commissions incurred by Cell C SP in or about the
is activated and shall continue until terminated by Cell C SP in terms of clause 8 or by either party on not less enforcement of any of the Subscriber's obligations under this Agreement.
than 1 (One) calendar months written notice of termination to the other, provided that such notice shall not be
given before the expiry of 23 (Twenty Three) consecutive months from the date of the Subscriber's SIM Card 8.5 Upon termination before the expiry of the initial period of 24 months of this Agreement, the Subscriber shall
activation. return the Subscriber Equipment at its own expense to Cell C SP, in good working order and condition.

4.1 The Subscriber shall pay Cell C SP upon commencement of this Agreement:
9.1 All notices given in terms of this Agreement shall be in writing.
4.1.1 the SIM Card charge, the Connection Charge and any other charges as indicated on the Application Form;
9.2 The Subscriber chooses as its domicilium citandi executandi, the address set out on the face page hereof or
such subsequent change of address as notified to Cell C SP in writing.
4.1.2 the Monthly Access Charge, monthly in advance;
4.1.3 the total Call Charges generated by the Subscriber during each billing period, monthly in arrears;
10.1 The Subscriber shall not be entitled to cede, delegate, assign or transfer any of its rights or obligations in
4.1.4 the price of the Subscriber Equipment and accessories as indicated on the Application Form; terms of this Agreement to any third party without Cell C SP's written consent, however Cell C SP shall be
4.1.5 where applicable Cell C SP's charge for international roaming, itemised billing charge, insurance charges and entitled at any time to cede, delegate, assign or transfer any of its rights, obligations or title in terms of this
any other charges payable in respect of the Services requested by the Subscriber or other charges levied by Agreement to any third party without the Subscriber's consent.
Cell C SP from time to time; and
4.1.6 Value Added Tax on the aforesaid charges and the Services where applicable. 10.2 No latitude, extension of time or other indulgence which may be given or allowed by either party to the other
party in respect of the performance of any obligations hereunder shall in any way be construed to be an
4.2 Cell C SP may vary all or any of its charges by publishing an amended Tariff Plan from time to time and such implied consent or election by such party or operate as a waiver or a novation or otherwise affect any of the
variation shall be effective from the date as stipulated therein. party's rights in terms of or arising from this Agreement or stop or preclude any such party from enforcing at
4.3 Any charges and contents stipulated in the Tariff Plan or in any notice or directive issued by Cell C SP from any time and without notice, strict and punctual compliance with each and every provision or term of the
time to time shall be deemed to be incorporated in this Agreement. Agreement.
4.4 All amounts due by the Subscriber to Cell C SP shall be paid on due date as timeous payment is of the 10.3 In the event of any one or more of these terms and conditions being unenforceable, same will be deemed to
essence of this Agreement. Each payment shall be made free of exchange, deduction or set-off, in cash or by the severable from the remainder of this Agreement, which will nevertheless be binding and enforceable.
such other payment method accepted by Cell C SP in its sole discretion as indicated on the Application
Form. 10.4 This Agreement constitutes the whole agreement between the parties as to the subject matter hereof and no
4.5 All payments due by the Subscriber shall be made on or before due date, by direct debit order against a valid variation, modification, deletion or addition shall be valid unless reduced to writing and signed or published by
current account or credit card account of the Subscriber only, unless agreement to the contrary is given in Cell C SP as the case may be.
writing by Cell C SP to the Subscriber.
4.6 Any amount due by the Subscriber to Cell C SP and not paid on the due date thereof, shall bear interest at
11.1 Where the Subscriber has chosen the Monthly Limit option as set out in the Application Form or if the
the Interest Rate calculated from the due date until date of actual payment.
Subscriber chooses to do so in writing at any time thereafter, the chosen Monthly Limit shall:
4.7 Cell C SP shall be entitled to levy an administration charge and the Subscriber agrees to pay such a charge
in the event that any debit order or cheque payment is returned unpaid or the Subscriber's credit card is 11.1.1 be calculated in accordance with the Cell C SP billing cycle; and
rejected for whatsoever reason. 11.1.2 be calculated to include all Call Charges and SMS charges resulting from the use of the Cell C Network:
4.8 The Subscriber shall be obliged to pay such deposit as Cell C SP may deem fit, in advance of the activation
of the SIM Card, which deposit may be applied by Cell C SP towards payment of any amounts due to Cell C 11.2 The calculation of all charges will be performed on receipt of call or SMS information and should the total
SP by the Subscriber. value of charges reach approximately 80% of the Monthly Limit, Cell C shall use its best endeavours to send
A computerised account or a certificate signed by a manager of Cell C SP whose authority needs not to be the Subscriber a SMS message advising the Subscriber of that event.
proved, shall be prima facie evidence of any amount due by the Subscriber to Cell C SP. 11.3 Should the Monthly Limit be reached, Cell C shall use its best endeavours to bar the Subscriber from making
further use of the Service, save for calls to emergency numbers, customer service and access to the
5. PROVISION OF THE SERVICES Subscriber's voice mail box.
5.1 Cell C SP shall not be liable to the Subscriber for any loss or damage (whether direct, indirect, consequential,
11.4 The Subscriber acknowledges and agrees that there may be a delay between usage of the Services and the
financial or otherwise) suffered by the Subscriber, through any breach of this Agreement by Cell C SP or in
calculation of the charges in respect thereof, as such the Monthly Limit option does not guarantee that the
consequence of any suspension, termination or temporary unavailability of the Services, or change required
Subscriber will not exceed the Monthly Limit and the Subscriber shall remain liable for all amounts incurred
to the Subscriber's phone number, consequent upon any modification, maintenance or remedial work
above the Monthly Limit.
effected to the Cell C Network or the Services. Accordingly:
11.5 The Monthly Limit option shall not be available to Subscribers with international roaming or any other
international calling service.
5.1.1 Cell C SP shall be entitled in its sole discretion or where directed by Cell C to do so, to suspend, cancel, vary
or terminate the Services or any part thereof. 12. CO-PRINCIPAL DEBTOR UNDERTAKING
5.1.2 Cell C SP reserves the right to alter the SIM Card or Subscriber phone number allocated to the Subscriber for 12.1 Where the Subscriber is a company, close corporation, partnership, trust or any other entity with or without
use in connection with the Services. legal persona, then the signatory signing on behalf of such Subscriber warrants that he/she is duly authorised
5.2 The Services may be suspended by disconnecting the Subscriber Equipment or SIM Card from the Cell C to enter into this Agreement on behalf of such Subscriber and has the authority to bind the Subscriber's credit
Network and/or render the Subscriber Equipment inoperable should: as indicated on the face page hereof.
5.2.1 the Subscriber breach any of the terms and conditions of this Agreement including but not limited to non 12.2 By virtue of his/her signature, the signatory hereby agrees and undertakes to bind himself/herself as
payment of any amounts due or the use of Subscriber Equipment not approved by ICASA; coprincipal debtor for the Subscriber in favour of Cell C SP for the due and punctual fulfillment of all of the
Subscriber's obligations towards Cell C SP in terms of this Agreement.
5.2.2 the Cell C Network fails or becomes temporarily unavailable due to modifications, maintenance or upgrades;

5.3 The Subscriber shall be entitled to contact Cell C's Emergency Response Centre free of charge in the event
of an emergency.
5.4 The Subscriber shall be entitled to refer all disputes related to the provision of the Services by Cell C SP to

Contract number: 10310110218227311026 Page 2 of 2