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TERMS AND CONDITIONS FOR PRODUCTS SUPPLIED BY FNB

Date Last Amended: 18 March 2016

1. THIS IMPORTANT LEGAL DOCUMENT RECORDS YOUR AGREEMENT WITH FNB

1.1. These Terms and Conditions will apply to you if you purchase Products from FNB Retail and Distribution (“FNB”) over a 24 month

payment period (“Products’).

1.2. Products may include Smart Devices (Smartphones, Tablets, Laptops, Health and Fitness trackers), Gaming Consoles (XBoxes,

Sony Play Stations), Appliances (Television Sets, Blu-Ray Players, DVD Players, Home Entertainment Theatres), Accessories

(Apple TV’s, Covers, Screen Guards, Software Packages) and Electronic Telecommunication Contracts and Sim Cards,

purchased over a 24 month payment period.

1.3. 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 and Conditions carefully. You

must contact FNB or get suitable independent advice if you don’t understand any part of these Terms and Conditions.

1.4. These Terms and Conditions will apply to you in addition to the Terms and Conditions that apply to your banking relationship with

FNB, including but not limited to: the FNB Cheque Account Terms and Conditions, the FNB General Terms and Conditions, and

the Remote Banking Agreement that governs your use of our digital banking channels. These Terms and Conditions may be

amended by FNB from time to time, by making the latest version available on www.fnb.co.za (“Website”).

1.5. FNB may change these Terms and Conditions because of changes in legislation, changes to the agreements with our suppliers,

and/or changes to FNB’s business rules and practices.

1.6. For general enquiries on Products supplied by FNB please contact 087 736 7270.

1.7. For enquiries relating to FNB Vodacom Electronic Telecommunication Contracts and Sim Cards, which include, but are not limited

to: contract cancellations, billing, value added service charges, statements, and sim swops please contact 087 736 7270.

1.8. By entering into this agreement, you confirm that the specified order placed by you is correct and that the Product(s) selected by

you serves your intended purpose for the use of the specified Product(s).

1.9. First National Bank (“FNB”) is a Division of First Rand Bank Limited, an Authorised Financial Services and Credit Provider

(NCRCP20).

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1.10. First Rand Bank Limited (“FRB”), an Authorised Financial Services and Credit Provider (NCRCP20).

1.11. RMB Private Bank (“RMB”) is a Division of First Rand Bank Limited, an Authorised Financial Services and Credit Provider

(NCRCP20).

1.12. The separate terms and conditions applicable to products purchased through the eBucks Shop are available at www.eBucks.com.

2. QUALIFICATION CRITERIA FOR PRODUCTS

To qualify for Product(s) supplied by FNB over a 24 month payment period you must meet all of the following conditions:

2.1. You must have a qualifying FNB or RMB Private Bank Account (“Qualifying Accounts”).

2.2. Qualifying Accounts must have the Unlimited Pricing Option, Fee Saver or Pay As you Use pricing structure.

2.3. Qualifying Accounts include the following FNB and RMB Cheque Accounts: FNB Gold Cheque Account, FNB Platinum Cheque

Account, FNB Staff Cheque Account, FNB Private Wealth Cheque Account, FNB One Account, FNB Islamic Cheque Account, FNB

Encore Platinum Cheque Account, FNB Private Clients Cheque Account, RMB Private Bank Cheque Account, RMB Private Bank

Signet Cheque Account and FNB Private Wealth Signet Cheque Account. This list may change from time to time without prior

notice.

2.4. Only individual bank accounts qualify. Joint and single structured facility accounts are excluded.

2.5. For further details concerning the Qualifying Accounts visit our Website. RMB customers Qualifying Account details can be found at

www.rmbprivatebank.com.

2.6. Your income or salary (“Deposits”) must be paid into your Qualifying Account every month, for the duration of this 24 month

contract, until you have paid your last instalment.

2.7. The required minimum monthly Deposits requirements as set out in the terms and conditions for your relevant Qualifying Account

must be maintained for the duration of this 24 month contract. These minimum monthly deposit requirements can be viewed at

www.fnb.co.za. There are no minimum monthly Deposit requirements for RMB Private Bank Cheque Accounts, FNB Private Wealth

Cheque Accounts, RMB Private Bank Signet Cheque Accounts or FNB Private Wealth Signet Cheque Accounts.

2.8. You must ensure that your Deposits are paid into your Qualifying Accounts and that you have at least one debit order (other than

the debit order for the Product(s) that you are purchasing) going off your Qualifying Account, before FNB will process your Product

order. Once your Deposits and debit order is confirmed by FNB, you will qualify to apply for a Product.

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2.9. If you want to arrange your own debit order a two (calendar) months waiting period will apply before you can apply for a Product, to

enable FNB to monitor if the required Deposits have been made and that the required debit order has been implemented.

2.10. Your FNB, RMB and First Rand Bank Limited (FRB) Accounts must be in good standing. Good standing means that none of your

FirstRand Bank Limited accounts and credit agreements should be overdrawn, or be in arrears, or be in default, or be subject to

any legal process with FirstRand Bank Limited. Legal process means any legal proceedings in any court of law involving you and

FirstRand Bank Limited, including but not limited to: business rescue, collections, liquidation, administration and sequestration

proceedings. Legal process however excludes debt review as envisaged in S86 of the National Credit Act 2005.

2.11. You must be registered for FNB or RMB Online Banking, for email statements and for the FNB or RMB Banking App.

2.12. You must be a South African citizen or a Foreign National.

2.13. If your application for a Product(s) is unsuccessful FNB may reassess your application, which may include an additional credit

bureau check, and where applicable, make alternative offers to your on available Products.

3. FOREIGN NATIONALS

3.1. A Foreign National is a natural person who is a temporary resident in South Africa or the common monetary area with a work or

study permit and excludes people purely on holiday and on business visits.

3.2. Foreign Nationals cannot apply via online processes and must use the below stated application process.

3.3. If you are a foreign national you must submit the following documentation to us at the time of your Product(s) application:

3.3.1. Your work permit and employment contract;

3.3.2. A copy of your passport;

3.3.3. Proof of your income;

3.3.4. Proof of address; and

3.3.5. A Foreign National Declaration.

3.4. The documentation must be sent to us at smartdeviceadmin@fnb.co.za.

3.5. The documentation must be valid and may not expire for the duration of the contract term i.e. for 24 months from date of purchase.

4. PRODUCT AVAILABILITY

4.1. You can only apply for the specified Product(s) on offer subject to stock availability.

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4.2. Whilst we strive to deliver Product(s) timeously there may be unforeseen circumstances beyond our control which may cause

delays in delivery.

4.3. You may qualify for up to four Products per customer, as determined by us using our loan credit scoring process to determine the

monthly repayments you qualify for when you apply for a Product. We however, reserve the right to limit the quantities of specified

Products supplied by FNB, as advertised, from time to time. If you have previously applied for the maximum number of Products

and have settled those contracts in full, you become eligible to apply for other available Products on offer from FNB, subject to our

then prevailing Terms and Conditions.

4.4. The Product(s) or offers on our Website are subject to availability and will vary from time to time. We reserve the right to withdraw

any advertised offer, product or price and it is your responsibility to check our Website for available products and pricing.

5. TELEVISION PURCHASES

5.1. When applying to purchase TV(s):

5.1.1. 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.

5.1.2. 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 purchase to

provide proof of your valid SABC TV license.

5.1.3. If you do not provide us with a valid and up-to-date SABC TV license within 5 days of purchase your order will be

cancelled.

6. YOUR PRIVACY AND CONSENT TO MARKETING AND DISCLOSURE OF PERSONAL INFORMATION

6.1. You confirm and consent, as necessary, that FirstRand Limited (FSR), may process (collect, use or otherwise deal with) your

information (including processing outside of the borders of South Africa), which was voluntarily provided, for the purposes of

providing services and products to you, according to the applicable product terms and conditions, our privacy policy and the

requirements of law.

6.2. You confirm that you have read and understood the applicable product terms and conditions, specifically the portion relating to the

processing of your personal information, and our privacy policy.

6.3. You confirm that the information provided by you to FSR is true, correct and current (including information about your residency

and citizenship for local and international tax purposes) and that you will inform FSR if it changes.

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6.4. You agree that FSR can communicate with and market products and services to you. Where you have not already provided

specific consent you agree that the remainder of the FSR, including its approved partners, can communicate with and market

products and services to you. You agree to be included in marketing, email and SMS campaigns and that your name be included

in marketing or customer lists which the credit provider may sell or distribute to other persons

6.5. You consent to FNB to sharing your personal information with third parties for business purposes. Third parties include but are not

limited to couriers for delivery of your Product(s) and the Electronic Telecommunication Service Providers for the provision of

Electronic Telecommunication Services. You also consent to FNB making enquiries at any Credit Bureau concerning your credit

worthiness.

6.6. You can refer to our Privacy Policy at https://www.fnb.co.za/about-fnb/legal-matters/privacy-policy.html for more information on our

privacy practices.

6.7. FSR means FirstRand Bank Limited, FirstRand Limited, any affiliate companies, its associates, cessionaries, delegates or

successors in title and / or third parties (like its authorised agents and contractors) (collectively referred to as FSR).

7. FNB OWNS THE PRODUCT(S) UNTIL YOU HAVE PAID FOR IT. WHILE IT IS IN YOUR POSSESSION YOU ALONE CARRY

THE RISK IF THE PRODUCT IS LOST, DAMAGED OR STOLEN. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE

PRODUCT(S) IS INSURED.

7.1. You will only become the owner of the Product at the end of the 24 month period once you have paid all the installments due to

FNB.

7.2. You will still be responsible to pay FNB for the Product even if it is lost, stolen or if it is damaged.

7.3. FNB therefore recommends that you insure the Product against loss, damage and theft.

7.4. You alone will carry the risk if the Product is lost, damaged or stolen, once it is delivered to you.

7.5. FNB offers insurance on selected Products supplied by FNB. For more information call 087 736 7270.

7.6. You must ensure that your contact details are up to date with FNB.

7.7. If the Product is lost or stolen, you must immediately report this to the police.

8. RULES PERTAINING TO ACCESSORIES

8.1. FNB does not provide insurance for accessories and sim cards.

8.2. FNB reserves the right to offer or withdraw offers on accessories.

8.3. Accessories will be provided subject to stock availability.

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9. PAYMENT AND DELIVERY FEES FOR PRODUCTS

9.1. You hereby request and authorise us to debit your Qualifying Account monthly with the amount(s) due in respect of the Product(s)

you purchased and you agree to pay any bank charges relating to this debit order instruction.

9.2. FNB will default your debit order payment date to the 25th of each month.

9.3. Two weeks after your Product order being placed you may change your payment date on our Website to the 15th, 20th or the 1st of

each month. The new payment date will take effect in the month immediately following the next billing cycle.

9.4. The first debit order will take effect in the month following the month in which Your Product(s) is delivered to you.

9.5. You must have sufficient funds available in your Qualifying Account on the agreed debit order date, over the entire 24 month period,

to pay for Your Product(s). You will be billed at least one month in arrears from the time that your Product has been delivered to

you. If the payment day falls on a Sunday or recognised South African public holiday, the payment day will automatically be the very

next business day.

9.6. If you have insufficient funds in your Qualifying Account to allow for a successful debit order, you hereby authorise us to

electronically track and to keep debiting your Qualifying Account until the debit order has been settled.

9.7. In the event that your account is in arrears, you authorise us to present the instruction for payment to collect the arrear amounts.

The sum of the payment instructions will never exceed your payment obligations. Subsequent payment instructions will continue to

be presented until the arrears amount has been settled.

9.8. If you have applied for an Electronic Telecommunications Services Contract with another Product(s), you may be billed separately

i.e. the debit order for the Product(s) may be debited separately from the debit order for the Electronic Telecommunications

Services Contract. The total amount may be combined when advertised at the time of application, but may reflect as separate

charges on your bank statement.

9.9. We will charge you a courier delivery fee upon the successful delivery of the Product(s) which you applied for. The delivery fees are:

9.9.1. R165.00 (VAT inclusive) for your Smart Devices, Gaming Consoles and Telecommunication sim cards.

9.9.2. R300.00 (VAT inclusive) for your Appliances (Television Sets, Blu-Ray Players, DVD Players, Home Entertainment

Theatres).

9.10. If you apply for multiple Products on the same day through the same sales channel we may initially charge one delivery fee per

Product. If we have 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 purchased on the same day, from the same sales channel.

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9.11. If you apply for multiple Products, through different sales channels, you will receive separate deliveries with corresponding courier

delivery charges for each delivery. This means that you will incur a courier delivery charge for each Product delivered.

9.12. If you purchase an accessory when purchasing your Product(s) through FNB, you authorise us to debit your Qualifying Account with

the full purchase price of the accessory plus VAT, on either the first or second billing cycle of the Product you purchased.

9.13. The deduction for the Products supplied by FNB will be shown on your monthly Qualifying Account statement. If you need

information about your outstanding account balance on the Product(s) you purchased, please contact FNB on 087 736 7270 or visit

our Website.

9.14. To be able to use some of the Products you may require certain Electronic Telecommunication Services. This may include a sim

card from an Electronic Telecommunication Services provider. You may be required to arrange for the necessary Electronic

Telecommunication Services yourself, and pay for them separately. These Electronic Telecommunication Services are governed by

their own terms and conditions which are available from the supplier of the Electronic Telecommunication Services. FNB may from

time to time provide certain Electronic Telecommunication Services, details of which will be provided to the qualifying FNB

customers.

10. CIRCUMSTANCES UNDER WHICH YOU MUST PAY THE FULL FNB RETAIL PRICE OF THE PRODUCTS

10.1. The price of Products payable over 24 months are generally less than the FNB Retail Price.

10.2. You will be in default of this agreement and become legally responsible to pay FNB the full FNB Retail Price of the Products as at

the time of purchase, immediately in one payment, if any of the following occurs:

10.2.1. If you pay for the Products in full before the end of the 24 month payment period (early settlement).

10.2.2. If your Qualifying Account is closed for any reason before the 24 month payment period has ended.

10.2.3. If FNB cannot deduct your monthly instalment for any reason other than the fault of FNB.

10.2.4. If any of your bank accounts with FNB, RMB or FRB are not in Good Standing.

10.2.5. If you do not remain registered for FNB or RMB Private Bank Online Banking, email statements and the FNB or RMB

Private Bank Banking App.

10.2.6. If you do not pay your Deposits into your Qualifying Account.

10.2.7. If you do not have the required debit orders linked to your Qualifying Account.

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10.2.8. If you do not meet the required minimum monthly Deposits for your Qualifying Account every month for the 24 month

period.

10.2.9. 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).

10.3. 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 rectify them:

10.3.1. If you breach any of FNB terms and conditions.

10.3.2. If you fail to pay the full agreed monthly instalment due.

10.3.3. If you are in arrears on any other accounts with FNB, RMB or FRB.

10.3.4. If your salary and income is not paid into your Qualifying Account.

10.3.5. If you fail to meet any other Qualifying Criteria.

10.3.6. If your Qualifying Account debits exceed your available balance for a period longer than 30 days from the date of the

last deposit made into your Qualifying Account.

10.3.7. If you default on payments while you are under Debt Review.

10.4. If you are in default of this agreement you will become legally responsible to pay us the FNB Retail Value of the Product(s) you

purchased. The FNB Retail Value is the Recommended Retail Price of the Products you purchased, at the time you applied for

the Products, less the total amount you paid for the Products until the date of your first default event.

10.5. If you do not pay the FNB Retail Value of the Products 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 be

charged for the Product(s) at a rate of 2% per month on the FNB Retail Value from the date of default.

10.6. Once the Products have been paid up in full before no funds will be reversed due to the account being closed off.

11. EARLY CANCELLATION

11.1. A cooling off period of 7 (seven) Business Days will apply from the date you enter into this agreement or take delivery of the

Products.

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11.2. If you return a Product 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, or a fee as set out in the table below. FNB will charge you a courier collection fee and, if

applicable, a courier delivery fee to return the Product to you.

11.3. If you wish, you can cancel this agreement after the 7(seven) Business Days 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 Electronic Telecommunications

Services Contract (if applicable), which will be calculated by FNB taking the following into account:

11.3.1. the amount you still owe FNB up to the date of cancellation.

11.3.2. the value of the transaction up to cancellation.

11.3.3. the value of the goods which will remain in your possession after cancellation (if applicable).

11.3.4. the value of the goods that are returned to FNB (if applicable).

11.3.5. the duration of the consumer agreement as initially agreed.

11.3.6. 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).

11.3.7. the nature of the goods or services.

11.3.8. the length of notice of cancellation provided by you.

11.3.9. the reasonable potential for FNB, acting diligently, to find an alternative consumer of the goods or services.

11.3.10. the general practice of the relevant industry.

11.4. The table below for illustrative examples of how the early cancellation penalty fee will be calculated.

Early Cancellation Penalty fee

(% of The Recommended Retail

Price)

Courier Collection,

Return/Delivery Fee

Device

Condition

Indicator

Name Description

0%

R165 - Smart Device or

Gaming Console

R300 - TV, Appliances and

Entertainment Bundles

A

New: Unopened

The smart device, gaming console

or TV is still in the original

packaging and has not been

opened.

R165- Smart Device or The smart device gaming console

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20%

Gaming Console

R300- TV, Appliances and

Entertainment Bundles

B New: Opened or TV is unpackaged/opened but

not used

40% R165- Smart Device or

Gaming Console

R300- TV, Appliances and

Entertainment Bundles

C

Used: Flawless

The smart device gaming console

or TV has been used but in

excellent condition.

60%

R165- Smart Device or

Gaming Console

R300- TV, Appliances and

Entertainment Bundles

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%

R165- Smart Device or

Gaming Console

R300- TV, Appliances and

Entertainment Bundles

E

Used: Significant

Damage

Repairable with significant costs

100%

R165- Smart Device or

Gaming Console

R300- TV, Appliances and

Entertainment Bundles

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 an Electronic Telecommunication Services Contract has been applied for, an early cancellation penalty may apply.

12. SET OFF

12.1. If you don’t have funds available in your Qualifying Account to pay your monthly Product instalments, FNB can exercise its right to

apply set-off on any of your other accounts with FRB.

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12.2. FNB will inform you via SMS when set-off is applied on any of your FNB accounts. The amount set-off will be shown in the

balance of your Product account.

13. FAILURE TO MEET YOUR OBLIGATIONS UNDER THIS AGREEMENT (DEFAULT)

13.1. If you fail to meet your obligations under this agreement FNB may, without limiting its rights, on written notice to you cancel this

contract and/or demand that you perform all your obligations under this agreement.

13.2. If you default or breach this agreement, FNB may do the following:

13.2.1. Charge you the full FNB Retail Value of the Product(s) you purchased as described in clause 10 above.

13.2.2. Charge you 2% per month interest on amounts owing to us under Section 5 of the National Credit Act (“NCA”).

13.2.3. 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”.

13.2.4. 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:

13.2.4.1. The Magistrates’ Courts Act 1944.

13.2.4.2. The Attorneys’ Act 1979.

13.2.4.3. The Debt Collectors’ Act 1998.

13.2.4.4. The Supreme Court Act 1959.

13.3. Any of the following acts will place you in breach of this agreement if you do not rectify them within 15 (fifteen) calendar days of

delivery of written notice from the Bank to do so:

13.3.1. Failing to pay any amount owing to the Bank when it is due.

13.3.2. Any breach of this agreement or any other credit agreement with FRB is committed or allowed by you or a surety (if

applicable).

13.3.3. A judgment is given against you and is not satisfied within 15 (fifteen) business days thereafter.

13.3.4. You or any surety commit an act of insolvency mentioned in the Insolvency Act 24 of 1936, as amended.

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13.3.5. You or any surety have furnished information in your credit agreement application that is incorrect or you have failed

to disclose material information that would have influenced the Bank's decision to grant any credit.

13.3.6. You do or allow anything to be done that may prejudice the Bank's rights or interests.

13.3.7. Your minimum monthly Deposits are not deposited into your Qualifying Account(s) every month for the duration of

your credit agreement.

13.3.8. You or any of your sureties are provisionally or finally sequestrated.

13.3.9. Exceeding your maximum credit limit.

13.3.10. You or any of your sureties sell the whole or a major portion of your business or assets; or

13.3.11. You or any of your sureties apply for assistance in terms of the Agricultural Credit Act 28 of 1966 as amended.

13.4. Steps the Bank can take if you default or are in breach:

13.4.1. If you are in default of this agreement, the Bank may take the steps set out in Part C of Chapter 6 of NCA.

13.4.2. If you are in default or in breach of this agreement, then without affecting the Bank’s other rights in contract or law,

the FNB Retail Value plus interest (where applicable) and other fees and charges will become immediately payable

as from the date of default or breach.

13.4.3. The Bank can also at any time when you commit an act of default or breach terminate this agreement and claim the

full outstanding amount you owe it under this agreement without affecting any of its other rights.

13.4.4. If you are in default under this agreement for at least 20 (twenty) business days the Bank will inform you of your

default in writing. The notice will give you at least 15 (fifteen) business days to do one of the following: (a) rectify the

default by making the required payments; (b) refer this agreement to a debt counsellor to develop and agree on a

plan to bring the payments under this agreement up to date; or (c) refer the matter to an Alternative Dispute

Resolution Agent, Consumer Court or Ombudsman with jurisdiction to resolve a dispute.

13.4.5. If you don’t rectify the default or use the other options given to you within the 15 (fifteen) business days, the Bank may

take legal action against you, and if successful get a judgment against you. If this agreement is being reviewed under

Section 86 of the NCA (debt review) and the debt review has not been finalized within 60 (sixty) business days after

the date on which you applied for the debt review and you are in default of this agreement, the Bank may give you

notice to terminate the debt review under section 86(10).

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13.5. Default Administration Charges:

13.5.1. Default Administration Charges are charged to you by the Bank to cover administration costs that it paid or must pay

because you didn’t pay on time or at all i.e. you defaulted on any of your payment obligations under this agreement.

13.5.2. Default Administration Charges can be charged for each necessary letter written under Part C of Chapter 6 of the

NCA (National Credit Act 34 of 2005) (Section 129(1) (a) default notice and Section 86(10) termination notice).

13.5.3. 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 in addition to any reasonable and necessary expenses paid or payable

to deliver such letter.

13.6. Explanation of Collection Costs:

13.6.1. Collection Costs are charged to you by the Bank to enforce a monetary obligation under this agreement.

13.6.2. Collection Costs incurred by the Bank to collect the debt will be limited by Part C of Chapter 6 of the NCA and the

Supreme Court Act 1959; the Magistrates’ Court Act 1944; the Attorneys Act 1979 or the Debt Collector’s Act 1998

whichever applies to the enforcement of this agreement.

13.6.3. The Bank may claim legal costs from you on an attorney and client scale.

14. DEFECTIVE PRODUCTS SUPPLIED BY FNB

14.1. If the Products 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.

14.2. If the defect relates to a Manufacturers fault, repairs to the Products will be covered under the Manufacturer’s warranty.

14.3. The Manufacturer’s warranty is only valid for a period of one year, or as stated otherwise, from date of receipt of the Products

by the customer.

14.4. 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.

15. LIMITATION OF LIABILITY

15.1. FNB will not be legally responsible to you or any other person for any loss or damage suffered (whether direct or indirect) if:

15.1.1. FNB cannot supply or deliver any available Product on offer, either on the required date, or at all, due to unexpected

stock constraints experienced by the relevant Product supplier.

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15.1.2. Telecommunication Network Services are interrupted, suspended or cancelled, for whatever reason, having the effect

of limited use of Products. FNB is not the supplier of the Telecommunication Network Services.

15.1.3. We strive to offer competitive Product pricing but we cannot guarantee that better prices may not be available from

our competitors.

16. DISPUTE RESOLUTION

16.1. If a dispute between you and FNB arises you can send a complaint to care@fnb.co.za or call 087 736 7270.

16.2. FNB will respond to you in writing.

16.3. If your dispute is not resolved you can lodge a dispute with the Ombudsman for Banking Services at (011) 712 1800 or

www.obssa.co.za.

16.4. You can also refer the matter to the National Consumer Commission at 086 026 6786 or www.nccsa.org.za, or to the National

Consumer Tribunal at 012 683 8140 or www.thenct.org.za.

16.5. If you default under this agreement and the agreement becomes an Incidental Credit Agreement you can refer a complaint to

the National Credit Regulator or the Credit Ombudsman.

17. PRE-ORDERED PRODUCTS

17.1. Any reference to pre-order shall mean an order placed for an item which has not yet been released.

17.2. Your pre-order of a Product supplied by FNB is subject to stock availability at the date of the launch of the Product in South

Africa and we offer no guarantees regarding stock availability.

17.3. Approval of your pre-order application is subject to stock availability either at the date of the launch of the Product in South

Africa, or at a later agreed date.

17.4. If FNB has available stock on the date of the launch, we will arrange delivery of the pre-ordered Product to you as soon as

possible after the date of the launch.

17.5. If FNB does not have sufficient stock at the date of the launch, FNB will contact you to provide you with an option to either wait

for the additional stock to be secured by FNB or to cancel the pre-order and the application.

17.6. Our standard delivery times will apply from the date of the launch in South Africa or a later agreed date.

17.7. If another Product is ordered with your pre-ordered Product, the delivery of that Product will be delayed and delivered with the

pre-ordered Product after the launch thereof in South Africa.

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17.8. If you would like your other Product to be delivered sooner a separate order should be placed by you for the other Product, or

you should inform FNB when placing the combined order that you want the other Product shipped sooner.

17.9. Our standard delivery fee will apply to each separate delivery of a Product supplied by FNB.

18. GENERAL

18.1. The laws of the Republic of South Africa govern this agreement.

18.2. 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.

18.3. 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.

18.4. These Terms and Conditions constitute the whole agreement between you and FNB about the Products supplied by FNB in

terms of this agreement.

18.5. If FNB needs to take legal action against you, one of our employees (who need not prove their 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.

19. TERMS AND CONDITIONS FOR FNB VODACOM ELECTRONIC TELECOMMUNICATION SERVICES CONTRACTS SUPPLIED

BY FNB

19.1. The FNB Vodacom Electronic Telecommunications Services Contract offers are made available to customers that meet the

qualification criteria in clause 2 above.

19.2. Debit Order Switching for new FNB customers must be processed through FNB.

19.3. The debit order for FNB Vodacom Electronic Telecommunications Services Contract will be processed on the 25th of every

month.

19.4. You hereby request and authorize FNB to debit your Qualifying Account with 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.

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19.5. Where you have applied for a Telecommunication Services Contract bundled with another Product supplied by FNB, you

may be billed separately for the Product and the Telecommunication Services 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.

19.6. 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.

19.7. You provide consent to FNB to conduct a credit check.

19.8. If you have insufficient funds in your qualifying FNB Account to allow for a successful debit order, FNB will follow the

default process outlined in 10 above.

19.9. If you default on payment or breach any of the Product Terms and Conditions and/or the Qualifying Account Terms and

Conditions, FNB reserves the right to suspend the FNB Vodacom Telecommunication Services in the first months of

default. If you fail to rectify the default in the second month, FNB reserves the right to follow the default process under 10

above. If 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.

19.10. If you wish to settle your FNB Vodacom Electronic Communications 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.

19.11. You may apply for multiple FNB Vodacom Electronic Telecommunications Services Contract, subject to you meeting the

qualifying criteria.

19.12. Vodacom offers brought to you by FNB may be available for a limited time period only.

19.13. Vodacom voice, data and sms rates are subject to change and are available on www.vodacom.co.za . FNB will not be

liable for any additional cost to recharge your Vodacom account.

19.14. All FNB Vodacom Electronic Telecommunications Services Contract offers are subject to availability of stock, and

termination of offers will be published on www.fnb.co.za.

19.15. You will not be allowed to port your number from another Mobile Network Operator.

19.16. 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

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receive your post. You consent to us making your personal information and documentation available to Vodacom to

facilitate the RICA process.

19.17. 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.

19.18. 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.

19.19. 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.

19.20. 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.

19.21. 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.

19.22. 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

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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.

19.23. The following rules apply to the FNB Vodacom MyGig top up agreement period:

19.23.1. If you wish to arrange for your own debit order switching, you will not be entitled to the monthly FNB Vodacom MyGig

top up data.

19.23.2. 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, your FNB Vodacom MyGig top up data will not be allocated to you for that month.

19.23.3. FNB reserves the right to terminate the FNB Vodacom MyGig top up contract, if you are in default or breach any of

the Product(s) Terms and Conditions and/or the qualifying FNB Cheque Account terms and conditions.

19.23.4. If 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.

19.23.5. If 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.

19.23.6. If 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.

19.23.7. FNB will only provide the monthly FNB Vodacom MyGig top up data if all the above rules are met.

19.23.8. You will be provided with a compatible FNB Vodacom MyGig top up sim card with the selected Product supplied by

FNB.

19.23.9. Activation of your FNB Vodacom MyGig top up sim card will occur within 3 business days upon delivery to you.

19.23.10. You will not be charged a sim card activation cost.

19.23.11. 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.

19.23.12. For further information, please refer to the Vodacom terms and conditions at www.vodacom.co.za.

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20. TERMS AND CONDITIONS FOR FNB CELL C ELECTRONIC TELECOMMUNICATION SERVICES CONTRACTS SUPPLIED BY

FNB

20.1. 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/terms-and-conditions)

will apply to you if you are using a Cell C sim card (“SIM Card”) for data services(“Services”) .

20.2. 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.

20.3. Activation:

20.3.1. 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.

20.3.2. If your sim card is not activated within 72 (Seventy two) hours, please contact us on 087 736 7270 for assistance.

20.4. Payment:

20.4.1. 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.

20.4.2. 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.

20.4.3. 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.

20.5. Monthly Usage Limit:

20.5.1. 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).

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20.5.2. 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.

20.5.3. 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.

20.5.4. 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.

20.5.5. FNB will not provide the option for number porting on the Cell C Telecommunication sim cards.

20.5.6. You hereby request and authorize FNB to debit your Qualifying Account with 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.

20.5.7. 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.

20.5.8. Please refer to www.ebucks.co.za for further details relating to your FNB Rewards Level.

20.5.9. For further information on Cell C’s terms and conditions, kindly refer to www.cellc.co.za/terms-and-conditions.

21. SAFEKEEPING OF TELECOMMUNICATION SIM CARDS

21.1. Safe keeping of all sim cards issued by FNB (On behalf of CellC and Vodacom)

21.1.1. You are responsible for the safekeeping of your sim card and you agree to notify us and the police immediately if

your sim card has been lost or stolen.

21.1.2. The Cell C SP Agreement and the FNB Vodacom Electronic Telecommunications Services Contract will not come

to an end if your sim card is lost, stolen or damaged.

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21.1.3. You must continue to pay all charges until the Cell C SP Agreement and FNB Vodacom Electronic

Telecommunications Services Contract has been terminated.

22. DEFAULTING ON YOUR TELECOMMUNICATION SERVICES CONTRACTS

22.1. If you do not comply with the Electronic Telecommunications Services Contracts and/or if you do not pay all the amounts due

to the Electronic Telecommunications Services providers on or before the due date for payment then, we will deliver a notice

to you and may:

22.1.1. 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.

22.1.2. inform any credit bureau of your payment default.

22.1.3. suspend the Services.

22.1.4. cancel the Electronic Telecommunications Services Contracts.

22.1.5. charge you for use of the Services up to the date of cancellation; and/or

22.1.6. claim damages from you that we may suffer due to your breach.

23. AVAILABILITY OF ELECTRONIC COMMUNICTIONS SERVICES

23.1. Although we take all reasonable measures to ensure that the Electronic Telecommunications Services are offered to you on a

consistent and continuous basis, we cannot always guarantee a continuous fault free service:

23.1.1. Cell C SP, Cell C (Pty) Limited, Vodacom (Pty) Ltd nor FNB (“Electronic Telecommunications Services Providers”),

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:

23.1.1.1. any reasonable suspension, termination or temporary unavailability of the electronic Telecommunications

network operated by the Electronic Telecommunications Services Providers, or any of the Services, or any

unavoidable delay in the performance of the Services;

23.1.1.2. 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

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23.1.1.3. 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.

24. MOBILE NUMBER PORTABILITY:

24.1.1. The Services (including voicemail messages and data), any third party services and any service credits provided to

you by the other electronic Telecommunications network provider or electronic Telecommunications 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 or the FNB Vodacom Electronic Telecommunications Services

Contract.

24.1.2. You have to pay all outstanding amounts due to the other electronic Telecommunications network provider or other

electronic Telecommunications 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 Telecommunications network provider or electronic

Telecommunications service provider.

25. INSURING YOUR PRODUCT(S)

25.1. You will only become the owner of the Product at the end of the 24 month period once you have paid all the instalments due to

FNB. You will still be responsible to pay FNB for the Product even if it is lost, stolen or if it is damaged. You alone will carry the

risk if the Product is lost, damaged or stolen, once it is delivered to you. If the Product is lost or stolen, you must immediately

report this to the police.

25.2. FNB therefore recommends that you insure the Product against loss, damage and theft. FNB offers insurance on selected

Products. 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. For more information concerning

FNB Insurance please call 087 736 7270.

25.3. You consent to us sharing your personal information with FNB Insurance and to FNB Insurance contacting you regarding

insurance on your Product(s). You however remain solely responsible for arranging any insurance on your Product(s) if

required.

25.4. You acknowledge that FNB has an interest in the insured property. You agree to a cession of your insurance policy in favour

of FNB and that the Insurance Company will first pay FNB to the full 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.

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26. ERRORS AND OMISSIONS

26.1. 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.

26.2. 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.