Terms and Conditions

1. INTRODUCTION
   • These Terms and Conditions (“Ts & Cs”) govern the lease of a mobile device (“Device”) by the customer (“Lessee” / “you”) from Vodacom South Africa (Pty) Ltd (“Vodacom”) / “we” / “us”). Ownership passes only if you and we conclude a separate sale agreement or if you exercise one of the end-of-term purchase options set out in clause 19 Capitalised terms are defined in clause 2.
   • The Lease of a mobile device is available to Vodacom Prepaid customers who meet the eligibility criteria determined by Vodacom through a scoring analysis. Applications must be made in-store with a valid South African ID. As part of the application process, Vodacom (or its authorised partners) will conduct verification checks, including ID validation and a light credit and/or affordability assessment. This may include verification of identity information, assessment of payment history, and/or checks against publicly available or credit bureau data. By accepting these T’s and C’s you consent to Vodacom performing these checks solely for the purpose of determining your eligibility for the Lease. If your affordability check is unsuccessful, Vodacom will decline your application and you will not be able to take up this offer.
   • You lease the Device for the Rental Period and pay Rentals linked to prepaid airtime/data recharges.
   • Provisions in this document which are printed inbold font may: 
     • limit the risk or liability of Vodacom or any other person;
     • constitute an assumption of risk or liability by you;
     • impose an obligation on you to indemnify Vodacom or any other person for any cause; or
     • be an acknowledgement of a fact by you.
   • Please read these Ts & Cs carefully and do not accept them unless you understand and agree with them.
2. DEFINITIONS
   • “Arrear Rental” means, at any point in time, the amount by which the aggregate Rental Components paid to date are less than the Rentals that should have been settled for the elapsed portion of the Rental Period in accordance with clause 7 read with clause 13.
   • “Billing Cycle” means each successive period of one calendar month, commencing on the Delivery Date and ending on the corresponding day of the next month, or such other billing interval as Vodacom may notify you in writing.
   • “Bundle Period” means the validity period of an Unlock Bundle, being 1 (one) calendar day, 7 (seven) calendar days or 30 (thirty) calendar days (as applicable).
   • “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa; and “close of business” means 17h00 (South African time) on a Business Day.
   • “Delivery” means the physical hand-over of the Device (together with the linked SIM) to you or your authorised representative, whether by collection or courier, as recorded in Vodacom’s logistics manifest.
   • “Delivery Date” means the calendar date on which Delivery occurs.
   • “Device” means the mobile handset, smartphone, tablet or other electronic communications device identified in the Lease Schedule and supplied to you under these Ts & Cs, together with any accessories supplied with it.
   • “Device Software” means the software installed on the Device that enables soft- and hard-locking in the circumstances described in these Ts & Cs.
   • “Early Purchase Price” means the sliding-scale price at which you may elect to purchase the Device before the expiry of the Rental Period, calculated in accordance with the formula set out in the Lease Schedule (read with clause 19).
   • “Easy2Own App” means the proprietary mobile software application pre-installed on the Device which enables the purchase of Unlock Bundles and the management of your Easy2Own account.
   • “Guaranteed Purchase Price” or “GPP” means the fixed amount (inclusive of VAT) stated in the Lease Schedule which, if selected at inception, is payable by you to acquire ownership of the Device at the end of the Rental Period.
   • “Hard Lock” means a lock state activated by the Device Software, disabling all user functionality (other than emergency calls) until the underlying default is remedied or the Device is returned. For avoidance of doubt only Vodacom can disable a hard lock.
   • “Initial Payment” means a once-off, up-front amount payable before or on the Delivery Date, determined by the Easy2Own deal selected.
   • “Lease Schedule” means the commercial schedule or summary issued by Vodacom (electronically via the app) that sets out the specific details of your Easy2Own transaction, including the Device model, Rental Period, Initial Payment, GPP (if applicable) and any other commercial particulars.
   • “Lessee” means the natural or juristic person identified as the customer in the Lease Schedule who leases the Device from Vodacom under these Ts & Cs, and includes that person’s successors in title and permitted assigns.
   • “Lock” / “Locked” means functional blocking of the Device in accordance with these Ts & Cs.
   • “Locking Fee” means the reasonable administrative charge levied by Vodacom to cover its actual costs of implementing or removing a Soft Lock or Hard Lock, as more fully described in clause 6.
   • “Recharge” means a purchase of an Unlock Bundle using airtime loaded on the SIM linked to the Device.
   • “Rental” means the variable lease charge funded through Unlock Bundle purchased in the manner described in clause 7.
   • “Rental Component” means the portion of the price of each Unlock Bundle that is allocated toward settlement of Rentals, as described in clause 2.1.
   • “Rental Period” means the period (e.g., 24 (twenty four) calendar months) beginning on the Delivery Date, as specified in the Lease Schedule.
   • “Service Component” means the portion of the price of each Unlock Bundle that entitles you to the daily allocation of voice minutes and data set out in clause 2.2, and which is not credited toward Rentals.
   • “SIM” means the subscriber identity module card supplied by Vodacom with the Device and permanently linked to that Device for purposes of the Easy2Own programme.
   • “Soft Lock” means a temporary, reversible lock state activated by the Device Software when an Unlock Bundle expires (or in any other circumstances expressly contemplated in these Ts & Cs), during which the Device’s functionality is limited to emergency calls (112) and Vodacom’s customer-care line until a new Unlock Bundle is purchased.
   • “Ts & Cs” means these Easy to Own Device Lease Terms and Conditions, as amended from time to time in accordance with clause 2.
   • “Unlock Bundle” means a prepaid bundle purchased via the Easy2Own App that (i) unlocks the Device for the relevant Bundle Period; (ii) allocates voice minutes and data; and (iii) allocates a portion of its price toward the outstanding Rentals. Unlock Bundles are available in 1-day, 7-day and 30-day variants.
3. DELIVERY & ACCEPTANCE

Delivery takes place on receipt of the Device. You must inspect it carefully as soon as we hand over the Device to you and notify us immediately of any defect. Failing such notice, the Device is taken to have been received in good order.

4. OWNERSHIP & TITLE
   • We remain the sole owner of the Device throughout the Rental Period.
   • You obtain no right or expectation of ownership of the Device unless you validly exercise a purchase option under clause 19.
   • You may not sell, pledge, transfer or otherwise encumber the Device.
5. RISK & INSURANCE
   • Risk of loss or damage to the Device passes on delivery and remains with you until the Device is returned or you have exercised the option to purchase.
   • You have the option to take out insurance cover for loss, theft, or damage to the Device from Vodacom subject to separate terms and conditions.You are encouraged to obtain suitable insurance cover for loss, theft, or damage to the Device and may insure the Device with an insurer of your choice. 
   • Lack of insurance or rejection of an insurance claim does not relieve you of your obligations to Vodacom in respect of the Device.
6. INITIAL PAYMENT
   • You must pay the Initial Payment before we hand over the Device to you. This payment  covers processing, know your client costs, SIM-linking and installation of the Device Software.
   • The Initial Payment is paid once only and is non-refundable.
   • Following the Initial Payment the Device will unlock for 24hrs, thereafter you will be required purchase Unlock Bundles set out below.
7. UNLOCK BUNDLES – STRUCTURE & PRICING
   • Unlock Bundles are available in the following configurations:
     • 1-Day Bundle – unlocks the Device for 1 (one) calendar day;
     • 7-Day Bundle – unlocks the Device for 7 (seven) consecutive calendar days;
     • 30-Day Bundle – unlocks the Device for 30 (thirty) consecutive calendar days.
   • Each Unlock Bundle price comprises:
     • Rental Component, which is credited toward the total Rentals payable for the Device; and
     • Service Component, entitling you to a daily allocation of voice minutes and data for the duration of the Bundle Period.
   • You may purchase Unlock Bundles interchangeably. For the purposes of discharging the Rentals due over the Rental Period, the following aggregate purchases will fully settle Rentals:
     • 365 (three hundred and sixty five) 1-Day Bundles; or
     • 52 (fifty two) 7-Day Bundles; or
     • 12 (twelve) 30-Day Bundles; or
     • any combination of 1-Day, 7-Day and 30-Day Bundles yielding an equivalent total Bundle Period.
8. VOICE & DATA ALLOCATION
   • The Service Component of each Unlock Bundle includes the daily allocation of:
     • Data – 100 (one hundred) MB (for 1-Day Bundles) or pro-rated 100 (one hundred) MB per day for 7-Day and 30-Day Bundles; and
     • Voice – 10 (ten) any-network minutes (for 1-Day Bundles) or pro-rated 10 (ten) minutes per day for 7-Day and 30-Day Bundles.
   • Each daily allocation expires 24 (twenty four) hours after activation. Unused allocations do not roll over unless you buy an additional Unlock Bundle of the same type before expiry, in which event the validity of the earlier allocation will extend to the new expiry date.
   • Data transfer between Vodacom customers is permitted subject to Vodacom’s prevailing data transfer terms.
9. PAYMENT MECHANISM & RENTAL ACCRUAL
   • The Rental for any Billing Cycle is deemed settled when the aggregate Rental Components of the Unlock Bundles purchased during that Billing Cycle equal or exceed the contractual Rental due for that period.
   • If you fail to purchase an Unlock Bundle before the expiry of your current Bundle Period, the Device will Soft-Lock in accordance with clause 1 until you purchase a new Unlock Bundle.
10. PAYMENT METHOD
    • All Recharges must be performed on the SIM supplied with the Device.
    • No set-off or deduction is permitted.
11. TERM & EARLY TERMINATION
    • The lease end date is the earlier of (i) expiry of the Rental Period or (ii) lawful termination.

You may terminate at any time on 20 (twenty) business days’ written notice, either by returning the Device or by electing to purchase the Device under a separate sale agreement. In either case,you remain liable for:

• all Rentals accrued up to the effective termination date; and
• reasonable early-cancellation charges.
• The early-cancellation charge referred to in clause 1.2 will be calculated in accordance with applicable law, taking into account the duration of the agreement, the value of the Device, the use and condition of the Device, and the length of notice provided. An example calculation or the formula used to determine the cancellation penalty is available on request.

12. SIM AND USE OF THE DEVICE
    • You must:
      • use the Device only as intended and in compliance with all applicable laws, manufacturer instructions and these Ts & Cs; and
      • not tamper with the Device Software, IMEI, firmware or security seals.
    • The SIM supplied with the Device is permanently linked to the Device. All Unlock Bundles must be purchased via the Easy2Own App.
    • You may not insert any other SIM card without our prior written consent. If the  Device supports dual SIM functionality, at least one SIM slot must contain a Vodacom SIM at all times. Insertion of an unauthorised non Vodacom SIM constitutes a material breach and may result in Hard Lock in terms of clause 3 until a Vodacom SIM card is reinserted or approval is granted.
13. PAYMENT DEFAULT & ARREARS
    • Arrear Rental arises if, at any point, the aggregate Rental Components already paid are insufficient to cover the Rentals that should have been settled for the elapsed portion of the Rental Period based on the provisions of clause 7.
    • If Arrear Rental equals or exceeds the Rental Component of 3 (three) 30-Day Bundles (or the equivalent), Vodacom may at its discretion, but is not obliged to, apply a Hard-Lock in terms of clause 3.
14. LOCKING SYSTEM
    • Soft Lock (Usage Expiry) – If an Unlock Bundle expires and no new Unlock Bundle is purchased, the Device Software disables all functions except emergency calls (112), the Easy2Own App and our customer care line.
    • Automatic Unlock – A Soft-Locked Device unlocks automatically when you purchase a new Unlock Bundle.
    • Hard Lock – The Device maybe hard-locked, at Vodacom’s discretion, if:
      • Arrear Rentals exceed the threshold in clause 2;
      • you are in default in terms of clause 15; or
      • you fail to return the Device following lawful cancellation of the lease or at the end of the term of the lease.
    • Before applying a Hard Lock we will give you at least 10 (ten) business days’ written notice (e-mail/SMS).
    • During a Hard Lock the Device remains disabled until the default is remedied or the Device is returned. A Locking Fee (covering the cost of locking/unlocking) may be charged.
    • For the avoidance of doubt, the Locking Fee is an administration charge, levied solely to cover the actual costs incurred by Vodacom in locking or unlocking the Device. It is not a fee, charge, or consideration for the deferral of payment or the use of credit, and does not form part of the Rental or any purchase price.
15. DEFAULT
    • You are in default if you:
      • accrue Arrear Rental per clause 2;
      • interfere with the Device Software; and/or
      • breach any material obligation.
    • Remedies that are available for Vodacom to invoke at its discretion include Soft/Hard Lock, tracing, recovery of the Device, damages and termination.
16. WARRANTIES & REPAIRS
    • The Device carries the manufacturer’s warranty (minimum 6 (six) months).
    • If the fault is not due to misuse, we will facilitate repair or replacement of the Device.
    • Rentals are suspended during authorised repairs.
17. DATA PRIVACY

We process personal information strictly in line with our Privacy Policy. You acknowledge that the information processed during the product application and service provision constitutes Personal Information as defined under the Protection of Personal Information Act No 4 of 2013 (“POPIA”). Vodacom will process your Personal Information in accordance with its Privacy Statement available at: https://www.vodacom.co.za/vodacom/privacy-policy/terms?icmp=Home/Footer/PrivacyPolicy. By submitting your information to apply for the Device or by accepting these terms and conditions, you confirm that you have read and understood Vodacom’s Privacy Statement.

18. LIABILITY

Subject to applicable law, we are not liable for any loss caused by:

• Soft or Hard Lock activation;
• your inability to use the Device; or
• any indirect or consequential damages.

19. END-OF-TERM OPTIONS
    • Provided all Rentals are up to date you may elect one of the following:

• If you do not choose an option timeously, we may (i) continue the lease on a month-to-month basis or (ii) issue a demand to return the Device.
• When returning the Device, you must ensure it is in good working order, subject to fair wear and tear. Vodacom reserves the right to inspect the Device and may charge you for any damage beyond fair wear and tear.

20. STOLEN OR LOST DEVICES
    • If the Device is stolen or lost you must immediately report the incident to Vodacom on 082 135 and request blacklisting.
    • You remain liable for all outstanding Rentals. Lack of insurance does not reduce this liability.
    • The Device will remain Locked until all outstanding amounts have been paid.
21. PURCHASE PROCESS

Once you have exercised your option to purchase you will need to enter into a separate written Sale Agreement. Title and ownership in the Device will pass only once we receive the purchase price in full.

22. NO CREDIT AGREEMENT
    • Rentals are consideration for use only. No interest, finance charges or credit fees are levied.
    • Nothing in these Ts & Cs creates a credit facility, credit transaction or instalment sale as contemplated in the National Credit Act 34 of 2005.
23. GENERAL
    • These Ts & Cs, the Lease Schedule and any later Sale Agreement constitute the entire agreement.
    • We may amend these Ts & Cs on 20 (twenty) days’ notice.
    • South African law applies and the magistrates’ court has jurisdiction.
    • The rule of construction that an agreement will be interpreted against the drafter in the case of ambiguity will not apply to these Ts & Cs.
24. CUSTOMER SERVICE AND COMPLAINTS
    • For queries or complaints contact Vodacom Customer Care on 082 135 or [email protected].
    • Vodacom will consider your request or complaint in accordance with its internal processes and will inform you of the outcome.