Uncapped Home Fixed-LTE Terms and Conditions The Kiwi Connect Uncapped Home Fixed-LTE Terms and Conditions A. The following Terms and Conditions contain assumptions of risk and/or liability by the Customer; and limits and excludes liabilities, obligations and legal responsibilities which Pond Host ISP Proprietary Limited (referred to as “Kiwi Connect”) will have towards Customers and other persons. B. These Terms and Conditions also limit and exclude Customers rights and remedies against Kiwi Connect and place various risks, liabilities, obligations and legal responsibilities on Customers. C. These Terms and Conditions may result in Customers being responsible for paying additional costs and amounts and Kiwi Connect may also have claims and other rights against Customers. D. To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (“the CPA”), no provision of these Terms and Conditions is intended to contravene the applicable provisions of the CPA. Therefore, all provisions of the Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the applicable provisions of the CPA are complied with. E. The Customer must read these Terms and Conditions. Utilization of the Kiwi Connect Uncapped Home Fixed-LTE services will constitute as agreement to comply with these Terms and Conditions. 1. What the Price Plan Entails 1. The Kiwi Connect Uncapped Home Fixed-LTE service is offered as an uncapped data product, and Kiwi Connect will not allow any Out-Of- Bundle data usage or charging. The Kiwi Connect Uncapped Home Fixed-LTE price plans will include uncapped lite and uncapped premium. 2. Placing of Orders & Service Activation Rules 1. The Customer must comply with the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002 (“RICA”) prior to a Kiwi Connect Uncapped Home Fixed- LTE Account being activated. As per RICA, a customer must provide proof of full names, surname, Identity Document number and residential address to a RICA officer when purchasing a SIM card. Kiwi Connect will allow the service to be activated when there is compliance with RICA. Service Activation will take place within 24 (twenty-four) hours of the router and SIM being delivered regardless of if the router has been switched on. SIM cards will be locked to a Kiwi Connect approved range of devices. If other devices are used, those devices will not be recognized by or register on the Kiwi Connect Uncapped Home Fixed- LTE network. 2. SIM cards will be locked to the location for which the application was placed and will not register to the Kiwi Connect Uncapped Home Fixed-LTE network if used in a different location. The activation of the service will be considered acceptance of all the terms and conditions applicable to the service. 3. Validity Rules 1. The standard inclusive anytime data (day and night) for uncapped lite will include a fair usage policy (FUP) of 400GB. Once the fair usage/ cap has been reached the customers will be throttled at 2Mbps for the remainder of the month. 2. Kiwi Connect Uncapped Home Fixed-LTE inclusive value and Top- Up value can only be transferred between Kiwi Connect Uncapped Home Fixed-LTE accounts/ users. 4. Month-to-month Contract Commencement and Duration 1. The Kiwi Connect Uncapped Home Fixed-LTE contract commences 24 (twenty-four) hours of the router and sim card being delivered regardless of if the router has been switched on. The Kiwi Connect Uncapped Home Fixed-LTE contract will remain in force on a month-to-month basis until terminated by either party. Customers who sign up for Kiwi Connect Uncapped Home Fixed-LTE have the right to a cooling off period of seven (7) days from the day of service activation. 2. During this period, the consumer may cancel the Kiwi Connect Uncapped Home Fixed-LTE contract (for whatever reason) without penalty, subject to returning all equipment and packaging received as part of the agreement and the payment of SIM, delivery, and activation cost. 5. Installation, Equipment and Connectivity 1. The Customer will be provided an approved Kiwi Connect router on a free-to-use basis with each Kiwi Connect Uncapped Home Fixed- LTE package. The risk of loss, damage or theft of the router will transfer to the Customer upon delivery of the equipment, and this includes but is not limited to damage caused by an “Act of God”. Customers will be liable for paying Kiwi Connect the replacement value of the router at the time, in the event of loss or theft, thereof. In the event of theft or loss of a router and/or SIM card, the Customer has a statutory obligation to report such loss or theft to the South African Police Services immediately, and to request Kiwi Connect to suspend such SIM Card. 2. Kiwi Connect will only make use of equipment and hardware that has been approved by the Independent Communications Authority of South Africa (ICASA) and network approved by MTN SA to provide its Uncapped Home Fixed-LTE services. Equipment supplied by Kiwi Connect carries a warranty for defects for a period of 12 (twelve) months. The warranty only applies to manufacturer defects and not user-induced and/or negligent damage; or damage caused by liquid or moisture intrusion including act of God 3. If equipment supplied by Kiwi Connect becomes defective: 1. The Customer must return the equipment to Kiwi Connect. 2. Kiwi Connect will have the equipment repaired or replaced. 4. Kiwi Connect reserves the right to replace equipment with refurbished equipment. Faulty SIM cards will be replaced at a cost of R10, and a delivery fee will be charged at R250. Kiwi Connect will not perform any SIM-swaps. The Customer will be liable for repair or replacement cost to faulty equipment if the damage to the equipment is user induced. 5. Customers are restricted to one Fixed-LTE order per account. For additional Fixed-LTE orders, the customer must purchase the second and any subsequent routers outright at the prevailing router retail price. 6. Billing and Payment 1. Kiwi Connect will bill the Customer for monthly subscription charges in advance from the time that billing has been activated. Where a Kiwi Connect Uncapped Home Fixed-LTE Account is activated before the start of the next billing cycle, the Customer will be liable for pro- rated subscription charges and will be allocated a pro-rated volume of data. The upfront payment at the point of sale will be for the following full month. On the nominated debit date of the following month the pro- rated amount will be included in the monthly subscription. 2. All subscription fees are to be paid into our Pond Host ISP account listed as below on or before the 1st of each month: Banking Institution: ABSA Account Type: Cheque Account Number: 40 9951 3795 Reference Number: Your Account Number Your customer reference number is to be used as the reference number when making payments. 3. The Customer will be billed in advance for any additional hardware and services The Customer must pay amounts due into Kiwi Connects’ bank account by the due date indicated on the invoice. If a customer pays by debit order or other electronic means, his bank or third party is his agent. The Customer carries the risk of payment until Kiwi Connect receives payment into their account. 4. Kiwi Connect reserves the right to charge a debit order return fee of R11,50 (excluding VAT) for each unsuccessful debit order transactions. Where 2 consecutive debit orders are unsuccessful, Kiwi Connect reserves the right to automatically change the payment method to cash and effectively terminate the debit order mandate. 5. Customers must request a refund via email to accounts@KiwiConnect.co.za or telephonically on 087 551 4106. 6. Accounts with credit balances less than three months of the monthly subscription value can be utilized for future payments provided that the account still has an active subscription 7. Accounts with credit balances whose value is more than three months of the monthly subscription value and still have an active subscription, can be refunded. 8. Credit balances on deactivated and deceased customer accounts may be refunded, provided there are no further billable transactions due on the account. Only the account holder will be refunded upon the supply of proof of banking details in the account holders name, that is not older than three months. 9. The deceased estate representative of the customer’s estate, must request a refund in writing and provide proof that they are the representative of the deceased estate and supply of proof of banking details of the estate trust account that is not older than three months. 10. Customers are required to submit payment arrangement requests either via email to accounts@Kiwi Connect.co.za or telephonically on 087 551 4106. Furthermore, each customer is limited to a single payment plan at any given moment. 11. If the customer is overdue and has no payment arrangement, no additional services and no upgrade to other packages can be affected until their account is up to date. Only downgrades may be performed on overdue customers. 7. Suspension Rules 1. Kiwi Connect reserves the right to suspend billing and provisioning of recurring data balances, with notice to the Customer, if Kiwi Connect has not received payment in full. Where a customer has been suspended, he will not have access to the internet unless there is a carry-over of data which has not expired. A suspended Kiwi Connect Uncapped Home Fixed-LTE Account may be reactivated subject to payment of the full outstanding amounts due. 2. Any account with an outstanding balance three days post the due date shall be suspended. A notification will be dispatched to the customer 24 hours after the due date, alerting them of potential service suspension within three days if payment is not received. 8. Migration Rules 1. Customers will not be allowed to migrate from a Kiwi Connect Uncapped Home Fixed-LTE price plan to any MTN tariff plan and vice- versa. Kiwi Connect Uncapped Home Fixed-LTE Customers may migrate to other Kiwi Connect services like Airfibre, Uncapped Home 5G & Fibre subject to the applicable Product price plan terms and conditions including the availability of the Product network coverage in the applicable area. Data caps are non-transferable between carrier technologies, and customers who migrate between capped and uncapped price plans and other Kiwi Connect price plans will forfeit all available data for the price plan migrated from. 2. Customers will be allowed to migrate between Kiwi Connect packages subject to the cancellation clauses applicable to those packages and will forfeit any unexpired data on those packages when migrating. Customers who signed up for legacy Kiwi Connect packages with 24-month router contracts, will be allowed to upgrade to these packages and the router agreement will be converted to “free-to-use”. The customer will forfeit any monthly contributions to ownership of the router prior to this migration. 9. Upgrade and Downgrade Rules 1. Kiwi Connect Uncapped Home Fixed-LTE packages will not incur penalties or charges for upgrades or downgrades. The Customer will need to notify Kiwi Connect in writing of upgrade or downgrade requests by the 20th of the month for the change to become effective from the following billing period, subject to changes in base subscription costs. The subscriber shall retain any applicable carry- over data accumulation when upgrading or downgrading. 10. Relocation Rules 1. If a Customer changes their physical location from an area with Uncapped Home Fixed-LTE coverage to another with Uncapped Home Fixed-LTE coverage, Kiwi Connect will require an update of location and coordinates in the register used for location locking on the network. Customers will be required to notify Kiwi Connect of the intention to move 30-days before moving, and Kiwi Connect will only allow the Customer to move a maximum of 4 (four) times in a one-year cycle. Where a customer changes locations to an area that does not have Uncapped Home Fixed-LTE coverage, he/she must cancel the contract. Cancellations rules will apply. 11. Cancellation Rules 1. The Customer may cancel Kiwi Connect Uncapped Home Fixed- LTE at any time by giving Kiwi Connect notice of one calendar month. The customer should process the cancellation request on Kiwi Connect Client Zone. Should the customer not have a profile on Kiwi Connect Client Zone, notice must be communicated via email on cancellations@KiwiConnect.co.za. 2. Cancellation within the first six (6) months of initial activation of a Kiwi Connect service agreement, will incur an additional charge of R600 (incl. VAT) which is not amortized over the said six (6) month term. 3. Customers who cancel their Kiwi Connect Home Fixed-LTE less than twenty-four (24) months of initial activation, will be liable to return the router to Kiwi Connect at their own cost upon cancellation, within 5 working days, in a reasonable and working condition, or they will be invoiced a replacement value of the router. Replacement value within 0- 12 months of activation R1,332.40 Inc VAT; replacement value within 12-24 months of activation R666.20 Inc VAT). 12. Transfer and Change of Ownership 1. Customers may transfer their Kiwi Connect Fixed-LTE Accounts to another person subject to the following: 1. all outstanding amounts including amounts that Kiwi Connect is entitled to recover during the claw-back period, must be settled by the Customer; and 2. the transfer of the Kiwi Connect Fixed-LTE Account is subject to the new Customer accepting Kiwi Connect’s latest terms and conditions. 3. the address remains the same. 13. Service: Interruptions and Support 1. Due to the nature of the mobile network, Kiwi Connect makes no guarantees on service quality and availability. Kiwi Connect will not be held responsible for a service being interrupted and/or failing due to an interruption in the network or any other reason. The Customer is ultimately responsible for his/her use of the Kiwi Connect Uncapped Home Fixed-LTE service from the activation of the services. Therefore, Kiwi Connect, will not be held liable for any loss or damage that results from the use of the services. 2. Kiwi Connect reserves the right, in its sole and absolute discretion, to terminate or suspend the Customers services or access to the network services where Kiwi Connect suspects abuse of its network, Kiwi Connect Uncapped Home Fixed-LTE, any of its services, fraud, criminal activity or where the Customer’s participation is placing an unreasonable constraint on the MTN network which may impact the experience of other MTN Customers. 3. Where a call out can be attributed to a fault caused by the Customer, the Customer will be charged a call out fee. 14. Changes to the Service and, Terms and Conditions 1. Kiwi Connect reserves the right at any time to modify, suspend or discontinue the services, with notice, without liability to the Customer or any third party. Kiwi Connect reserves the right from time to time to vary the charges of these services as may be deemed necessary in its discretion, with notice. 2. The Customer must visit Kiwi Connect website regularly for notices, updates and/or changes to products and services. As changes will be posted on the Kiwi Connect website, the Customers continued use of the products and/or services will be deemed acceptance of the amended rules.