Terms & Conditions — Internet Services

1.1 These terms and conditions contain provisions that:

1.1.1 may limit the risk or liability of CiTiFi; 1.1.2 may create risk or liability for you; 1.1.3 may compel you to indemnify CiTiFi or a third party; and 1.1.4 may serve as an acknowledgement by you of a fact.

1.2 Your attention is drawn to these terms and conditions because they are important and should be carefully noted. You acknowledge, agree to and understand these terms and conditions as well as the language (English) used.

1.3 Nothing in these terms and conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created for either you or CiTiFi, including any right you may have under the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002.

2.1 “Authorised person” means any person authorised by the Client to order, or to accept, the services provided by CiTiFi. 2.2 “Client” means the person who accepts a quotation, registers for the services, or authorises CiTiFi to render the services. 2.3 “day” means a calendar day, and “month” means a calendar month. 2.4 “AUP” means CiTiFi’s Acceptable Use Policy, available at www.citifi.co.za/acceptable-use-policy. 2.5 “EFT” means electronic funds transfer. 2.6 “monthly subscription fee” means the monthly amount payable by the Client to CiTiFi for the services. 2.7 “personal information” and “processing” bear the meanings given to them in the Protection of Personal Information Act, 2013. 2.8 “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 2002. 2.9 “services” means the internet connectivity and related services provided by CiTiFi to the Client as described in clause 5.

3.1 The agreement between CiTiFi and the Client is on a month-to-month basis. 3.2 Either party may cancel this agreement on 30 (thirty) days’ written notice. 3.3 Notice may be given by e-mail to accounts@citifi.co.za or through the Client’s account on CiTiFi’s website. 3.4 The Client may suspend the services for one (1) month (the “suspension period”) on 10 (ten) days’ written notice. 3.5 This agreement may not be cancelled during the suspension period referred to in clause 3.4.

4.1 As an internet service provider, CiTiFi is required by RICA to record and verify certain information about each Client before activating the services. 4.2 The Client must, on registration, provide accurate and complete registration information, including the Client’s full name, identity or passport number, and residential/physical address, together with supporting documentation (proof of identity and proof of address) where requested. 4.3 CiTiFi may suspend or refuse to activate the services until the required RICA information and documentation have been provided and verified. 4.4 The Client warrants that all information provided is true and correct and undertakes to notify CiTiFi in writing of any change to that information.

5.1 CiTiFi will provide internet connectivity to the Client at the speed and on the package chosen by the Client, upon payment of the applicable subscription fee. 5.2 The Client must comply with CiTiFi’s AUP (clause 2.4). If the Client fails to comply, CiTiFi reserves the right to suspend or immediately cancel this agreement. 5.3 CiTiFi may apply reasonable network-management measures and may limit the number of devices connected to the service, in line with the chosen package. 5.4 The Client may upgrade a package at any time and will be billed proportionately from the date of the upgrade request. 5.5 To downgrade a package, the Client must notify CiTiFi in writing before the 25th day of a month; the change will take effect on the 1st day of the following month. 5.6 CiTiFi does not guarantee uninterrupted or error-free service and does not warrant any particular throughput to destinations outside its network, which depend on third-party networks.

6.1 Any order placed by e-mail, telephone, online or verbally shall be deemed an offer by the Client. 6.2 The agreement comes into effect upon the Client’s acceptance of the quotation or registration, alternatively upon CiTiFi commencing the services ordered.

7.1 The price is the price quoted by CiTiFi, or the published package price, at the time the Client places the order. 7.2 Quotations are valid for 14 days and are estimates that may change upon confirmation of the Client’s exact requirements. 7.3 Any variation to the price will be invoiced accordingly. 7.4 All prices are inclusive of VAT unless expressly stated otherwise, and CiTiFi will issue a valid tax invoice where it is a registered VAT vendor.

8.1 The monthly subscription fee must reach CiTiFi’s bank account by the first day of every month (the due date). The Client’s account number must be used as the payment reference. 8.2 Payment may be made by: (a) debit order (the Client completing the debit-order mandate); or (b) EFT into CiTiFi’s bank account, with proof of payment sent to accounts@citifi.co.za. 8.3 Where the due date falls on a Saturday, Sunday or public holiday, payment is due on the preceding business day. 8.4 If funds do not reflect in CiTiFi’s bank account by the due date, CiTiFi may suspend the services. 8.5 CiTiFi may charge interest on overdue amounts at the maximum rate permitted by the National Credit Act, 2005 and applicable regulations. 8.6 Where the Client starts receiving the services on a day other than the first of the month, the Client will pay pro rata for the days in that month during which the services are received.

9.1 CiTiFi processes the Client’s personal information in accordance with POPIA and its Privacy Policy, available at www.citifi.co.za/privacy. 9.2 The Client consents to CiTiFi processing the Client’s personal information for the purposes of providing the services, RICA compliance, billing, support, and complying with legal obligations. 9.3 The Client has the rights afforded by POPIA, including the right to access and to request correction or deletion of their personal information, and may exercise those rights by contacting legal@citifi.co.za. CiTiFi’s PAIA/POPIA manual is available in the Legal section of its website.

10.1 The Client indemnifies CiTiFi against any claim or liability brought against CiTiFi, or which the Client may suffer, arising from the provision of the services, unless caused by CiTiFi’s gross negligence or wilful misconduct or a breach of these conditions, and subject to applicable law. 10.2 CiTiFi is not liable for any indirect, incidental or consequential loss, including loss of profit or data, arising from the use of or inability to use the services, to the extent permitted by law.

11.1 CiTiFi is excused from performing its obligations to the extent that it is prevented from doing so by an event beyond its reasonable control (including upstream supplier outages, and in extreme cases war, insurrection, riot, terrorism or natural catastrophe).

12.1 If the Client fails to make payment in accordance with these terms, or otherwise materially breaches this agreement and fails to remedy the breach within 7 (seven) days of written notice, CiTiFi may cancel this agreement and pursue any remedy available to it in law, without prejudice.

13.1 The Client’s principal place of business or residential address is the Client’s domicilium citandi et executandi for all legal purposes. 13.2 These terms may not be altered or varied unless agreed in writing by a duly authorised representative of CiTiFi. 13.3 No indulgence granted by either party constitutes a waiver of that party’s rights. 13.4 This agreement is governed by and construed in accordance with the law of the Republic of South Africa. 13.5 The parties consent to the jurisdiction of the Magistrate’s Court in respect of any dispute arising from this agreement, notwithstanding that the amount in dispute may exceed that court’s jurisdiction, without precluding either party from approaching a High Court with jurisdiction. 13.6 Legal costs incurred by CiTiFi arising from the Client’s default are recoverable on the attorney-and-own-client scale, including collection commission where an account is handed over for collection.

14.1 If any provision of this agreement is found to be invalid, unlawful or unenforceable, that provision is severable from the remaining provisions, which continue in full force and effect.