TERMS AND CONDITIONS

1. These terms and the customer information recorded on the previous page(s) (“Agreement”) are the only terms upon which T3TSA is prepared to do business with the Distributor. No waiver by T3TSA shall constitute an estoppel and no variation, waiver, side agreement, representation or amendment hereto shall be binding unless it is expressly agreed to by T3TSA in writing. T3TSA may vary this agreement by written notice to the Distributor and/or by publishing amendments to its standard starter pack distribution agreement on its website at www.bluelabeltelecoms.co.za. This agreement may be terminated at any time by T3TSA for convenience and without recourse.

2. All amounts due to T3TSA shall be payable without deduction, set-off or demand, and shall be payable upon delivery and provision of a valid tax invoice to the Distributor. Any amount not paid to T3TSA timeously shall attract interest at the prime overdraft rate from time to time published by ABSA Bank Limited plus 4% (four percent).

3. It is recorded that T3TSA is subject to changes in commissions and rebates imposed by the networks and as such T3TSA shall be entitled to vary and/or revoke the credit, bonuses, incentives, ongoing revenue, commissions, rebates and prices applicable to the Distributor form time to time.

4. The Distributor shall adhere to all requirements (including credit and security requirements) as may be communicated by T3TSA to the Distributor from time to time. All amounts payable to the distributor are stated inclusive of VAT and where the Distributor is not a VAT Vendor, the stated amount shall be reduced by 13.04% (thirteen point zero four percent).

5. REGULATORY REQUIREMENTS & LIMITATION OF LIABILITY

5.1 The Distributor must collect the information referred to below and transmit same to T3TSA in the manner from time to time prescribed by T3TSA, and verify same in the manner contemplated in clause 5.2 below, in relation to each customer, before the customers receives a SIM Card:

· MSISDN number of the SIM Card that shall be handed to the Customer; and

· Full Name; and

· Identity Number or passport number and country of issue if not South Africa; and

· Address where the Customer resides, works, conducts business or in the case of a person who lives in an informal settlement, the physical address of the place where the Customer usually receives post.

5.2 The Distributor shall verify the photo, full name, identity/passport number and address of the Customer by physically inspecting:

· One of the following documents, dated not more than 3 (three) months prior, which must have the customer’s name on it, to establish the customer’s address; municipal rates bill, bank statement, telephone account, utility bill, television license, insurance policy, lease, credit agreement or motor vehicle license; and

· The customer’s photograph and identification or passport number. This must be done by inspecting the customer’s South African permanent or temporary Identity Document or passport, or in the case of a foreigner, his passport or in the case of a refugee, his identification document issued by South African authorities.

5.3 The Distributor must retain copies of the documents set out in Clause 5.2 if at all possible.

5.4 The Distributor shall at all times act in T3TSA’s best interests and in utmost good faith towards T3TSA.

5.5 Network operators and T3TSA are relying on the Distributor to perform these functions on their behalf, which the network operator is required to perform in terms of RICA and which T3TSA may be contractually required to perform for the network operator, and as such should it breach this Agreement, it indemnifies T3TSA and the Network Operator concerned against any liability, loss, damage or cost they incur as a result. Where the Distributor employs agents to collect the information referred to above, the Distributor is solely responsible for the actions of the agent/s in this regard and shall ensure that such agent/s collect the proper and correct physical information.

5.6 The Distributor shall act in accordance with the reasonable instructions from time to time prescribed by T3TSA and without limitation, the Distributor acknowledges that he/she has read and understands the RICA policy as displayed on T3TSA’s website at www.bluelabeltelecoms.co.za, and agrees to be bound by same. The Distributor agrees that it shall never divulge the details of a Customer to any third party. The Distributor may not assign any rights or obligations in terms of this Agreement.

6. T3TSA shall not be liable for any claims, loss or damage suffered by the Distributor in terms hereof. No Party shall be liable for consequential damages or any damages resulting from loss of data, loss of profit or business, loss from third party claims.

7. This clause only applies if the Distributor is also a consumer as defined in the Consumer Protection Act No. 68 of 2008 (“CPA”). Subject to contradictions in the CPA that apply to Consumers and shall prevail:

· we do not give any warranty or represent that any goods or services will be fit for any purpose, free of defects or do anything that you may expect and we shall not be liable to you or anyone else (and you indemnify us against third party claims) for any loss or damage of any kind, no matter how it is caused;

· if persons to whom you on-sell our products and services ever claim against it, we will not be liable to you or them, and you indemnify us against their claims;

8. It is recorded that all amounts stated payable by T3TSA to the Distributor which correspond to a payment from a network operator, shall only be made after the network operator pays T3TSA (such as ongoing revenue).

9. The Distributor appoints the address recorded in this agreement as its domicilium citandi et executandi.

10. PERSONAL INFORMATION

Any personal information relating to the Distributor that is collected by T3TSA will not be shared with any third party outside of the Blue Label Telecoms Limited group of companies (“the Group”) without the Distributor’s express written consent. By signature of this document, the Distributor expressly consents and agrees that it may receive advertising, marketing and/or promotional material from the Group from time to time. The Distributor may opt out at any time.

11. SURETYSHIP

11.1 SURETY 1 FULL NAME : __________________________________________ ID No. __________________________________

(herein after referred individually as the “Surety” and collectively as the “Sureties”)

11.2 The Surety(ies), by their signature hereto, bind themselves individually in favour of T3TSA, and its successors-in-title and assigns as surety for and co-principal debtor in solidum with the Distributor for the due and punctual performance by the Distributor of all its obligations to T3TSA in terms of this Agreement. This suretyship obligation shall remain of full force notwithstanding any amendments to this Agreement and/or any temporary extinguishing of liability. The Surety waives the benefits of excussion and division and shall be bound if he/she is the only surety.

SIGNATURE SURETY 1: ____________________________________