In this agreement, unless the context clearly indicates a contrary intention, the following words shall have the meanings assigned to them and similar expressions shall have corresponding meanings. The plural of each word is assumed to have the same meaning:
”company” means the company for which the subscriber is employed
“subscriber” means the natural person who has entered into this agreement
“agreement” means the service agreement and these terms and conditions
“renewal” means a new agreement entered into for the services for a further term. Also referred to as an “upgrade”. A renewal may or may not include a handset or hardware item.
“effective date” or “dispatch date” means the date at which the provided services are activated for the first time or the product was reasonably noted to be delivered, i.e. within 24 hours of the product being collected for delivery by the Mobi Warehouse appointed courier company.
“fee” or “subscription” means the amount owed on a monthly basis for the services or products rendered.
CPA or Consumer Protection Act refers to
“hardware” means cellphone, dongle modem, or any other physical product or device supplied by Mobi Warehouse not including a sim card or airtime
“SIM” or “SIM Card” refers to the SIM card supplied by Mobi Warehouse associated to a Mobi Warehouse airtime contract.
“Agent” means affiliates, re-sellers or third parties involved in the sales and support of Mobi Warehouse products
Mobi Warehouse agrees to supply cell phone services, which may or may not include hardware, by way of a cell phone service provider, upon the conditions set out within this agreement and/or that of the applicable service provider. The subscriber, duly represented, hereby agrees to be bound to receive the cell phone service against payment of the charges and fees set out for the period of the agreement.
3. Duration and cancellation
3.1. This agreement shall commence on the effective date and shall continue for a period of 24 consecutive months.
3.2. The subscription service shall convert to a standard prepaid service as described by the respective service provider unless a renewal agreement has been entered into with Mobi Warehouse after the initial term.
3.3. Once entered into, this offer or any subsequent offers, including but not limited to renewals, cannot be transferred or refunded within the 24 month agreement period by the subscriber for any reason/s.
3.4. Renewals may only be entered into within the last month of the agreement term i.e. 30 days prior to the end of the existing or current term, at the SP's discretion.
3.5. All contracts entered into will be subject to a "reasonable" cancellation penalty as identified by the CPA should early termination be opted for by the subscriber. Said penalty will be calculated based on the balance of contract, the cost of the un-discounted airtime and the full cost of the handset and any administrative costs that may be incurred.
3.6. In terms of the CPA, early termination can be given by 20 working days written notice, but will still be subject to clause 3.5 and any subsequent changes to the CPA or the prevailing law of the land as practiced in South Africa.
3.7. At any stage during the initial or any renewal period of any agreement held with Mobi Warehouse, Mobi Warehouse, it's employees and/or agents reserve the right to cancel an agreement with any subscriber by way of 20 working days notice. All costs outstanding including that of balance of contract or a reasonable cancellation fee as identified by the CPA shall apply.
3.8. See clause 10.10.
4. Fees and charges
4.1. The parties record that Mobi Warehouse will collect the fees/outstanding balance agreed to by way of:
4.1.1. pay roll - the subscriber hereby authorises the company where they are employed to pay Mobi Warehouse for any fees owed in terms of this agreement on a monthly basis.
4.1.2. debit order - the subscriber hereby authorises Mobi Warehouse to debit his/her account for the fees indicated in this agreement:
184.108.40.206. should they leave the employ of the company identified in this agreement as their employer
220.127.116.11. as an alternative payment method to pay roll as pay roll deduction is not available as a payment method
4.2. Should the subscriber fail to make payment in terms of this agreement all outstanding fees, amounting to no less than the full value of the agreement, shall become immediately payable, including any arrears values not yet received.
4.3. The subscriber hereby agrees that they understand that the withdrawals hereby authorised will be processed through a computerised system provided by the South African Banks and the subscriber also understands that details of each withdrawal will be printed on their bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to the subscriber should enable the subscriber to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction. The subscriber shall not be entitled to any refund of amounts which have been withdrawn by Mobi Warehouse or their duly appointed collection service / company while this authority is in force, if such amounts are legally owed to Mobi Warehouse.
4.4. The subscriber acknowledges that all payment instructions issued by Mobi Warehouse shall be treated by the subscriber’s bank as if the instructions had been issued by the subscriber personally.
4.5. The subscriber agrees that although the authority for the debit order may be cancelled by the subscriber, such cancellation will not cancel the Agreement. The subscriber shall not be entitled to any refund of amounts which Mobi Warehouse may have withdrawn while this authority is in force, if such amounts are legally owing to Mobi Warehouse.
4.6. Fees are detailed, but not limited to, the agreement front page and are limited to the offers available at the time of signing the agreement.
4.7. There is a compulsory R99 (ninety nine Rand) once off connection fee on all phone deals and R49 (forty nine Rand) once off connection fee for all airtime only deals payable with first installment.
4.8. All fees quoted are subject to change in accordance to the deals offered. Once the fee has been agreed to, in terms of the subscriptions and or additional fees, on the agreements front page, they are binding for the full length of the agreement.
4.9. Fees may also include credit card payments received from the subscriber when the subscriber purchases an item from Mobi Warehouse outright.
4.10. All fees incurred as a result of the subscriber not honouring this agreement will be for the account of the subscriber to the appointed collections company or legal services including any interest charges that are legally allowed.
4.11. The subscriber agrees to pay Mobi Warehouse interest on any amount paid on the due date calculated from the date such payment fell due at the rate of 2 (two) percent (%) above the announced prime overdraft rate, expressed as a percentage per year, from time to time of the bankers of Mobi Warehouse (“the bank”), compounded on the last day of each of the 12 calendar months.
4.12. Payment is made monthly commencing on the next billing cycle after delivery or activation of the subscribers service, phone or SIM card and will continue until the services are no longer required, as indicated by the subscriber after the 24 month term, or is cancelled by Mobi Warehouse, whichever the case may be.
4.13. In accordance to the CPA, penalties may be applicable for early cancellation of the agreement and / or services. These penalties will be calculated on a case by case basis. All discounts for early cancellation shall be null and void; the full value of the phone, airtime, or any other product, and/or any combination thereof shall be applicable.
4.14. Credits and/or refunds are given at the sole discretion of a duly authorised person at Mobi Warehouse. A credit and/or refund awarded does not derogate the rights of Mobi Warehouse to collect the balance of the outstanding contract value by any means allowed within the confines of the law.
4.15. No refunds or credits or stay of payment shall be given to a subscriber should the hardware supplied with the airtime be in for repairs, be damaged beyond repair or be un-usable as a result of hardware failure of any sort. The subscriber is still liable to make full payment in accordance to the terms of this agreement.
4.16. The onus is on the subscriber to ensure that their account is paid up to date and maintained on a monthly basis. Failure by Mobi Warehouse to inform the subscriber of outstanding monies does not exempt the subscriber from the monies owed.
4.17. The subscriber acknowledges that the subscription fee does not include insurance on the handset, sim card or balance of contract.
4.18. In the event that a deduction is unsuccessful, the outstanding amount will be added to the current balance on-going until such time as the deduction is successful. Deduction means by payroll or debit order. Should Mobi Warehouse reduce the deduction amount for any reason, the outstanding balance is still owed by the subscriber until such time as it is paid in full.
4.19. Should a subscriber leave their employer and no longer be on payroll deduction, they will automatically be loaded onto debit order without notification.
4.20. No subscriber will be permitted to take an agreement with Mobi Warehouse if they refuse to give Mobi Warehouse valid banking details and debit order authority irrespective of whether or not they are on payroll deduction.
4.21. Any incorrect debit, deduction or collection by Mobi Warehouse will automatically go against the subscribers account balance. Should a credit or debit balance be on the account thereafter normal accounting practices will be followed in terms of interest charges or refunds.
All terms & conditions as stipulated by the respective networks, including all current or future pricing, shall form part of this agreement unless it is clearly otherwise stated by Mobi Warehouse. On the signing of this agreement, you are agreeing to all applicable network terms and conditions. The network terms & conditions must be reviewed prior to the signing of this agreement. Mobi Warehouse shall not be held responsible for any terms and conditions that are stipulated in the networks terms and conditions that may or may not affect the subscriber negatively. The applicable terms and conditions can be reviewed at:
Vodacom - www.vodacom.co.za;
Cell C - www.cellc.co.za;
MTN - www.mtn.co.za;
6. Subscription Service
6.1. On receipt of this agreement duly completed in all respects and signed by the subscriber, Mobi Warehouse shall, at its option, authorise the respective cell phone network to activate the subscriber's SIM card in order for the subscriber to gain access, via their cell phone, to the subscription service. It is recorded that Mobi Warehouse shall not be under any obligation to accept the subscriber's offer should Mobi Warehouse in its sole discretion elect not to do so.
6.2. The subscription can include hardware and/or airtime from a network and is not limited to one or the other.
6.3. The monthly subscription fee will be payable irrespective of whether or not the subscriber utilises the subscription service.
6.4. The new SIM card will be activated within 7 working days of the order being accepted / approved.
6.5. Airtime and SMS’s will be loaded initially on the new SIM card and the respective recharge date as per each networks Terms & Conditions.
6.6. The subscription does not include VAS unless communicated by Mobi Warehouse as such. Any VAS is to be loaded by request of the subscriber and may incur additional charges for the subscriber.
6.7. A maximum of 2 (two) phone deals may be taken by an employee unless the promotion dictates otherwise or is approved by Mobi Warehouse management. This is at the sole discretion of Mobi Warehouse.
6.8. BIS services are charged in addition to the monthly subscription at a rate of R59 per month for MTN, subject to change. Cell C BIS is activated by way of airtime deduction from the existing airtime balance available. Insufficient airtime will result in the BIS service not be activated accordingly.
6.9. All BIS (Blackberry Internet Services) services are limited to the offering by the network. Blackberry services are intended for internet browsing, social networking services, instant messaging (i.e. BBM), web based and/or corporate e-mail (service dependant), Blackberry App World, and other services that are noted by the chosen Blackberry Plain ("Intended Usage"). The BIS service is subject to the terms and conditions of each network. For further detail, please refer to the applicable networks Terms & Conditions. All Blackberry services and the applicable descriptions are subject to change in accordance to each network without notification or liability to Mobi Warehouse or any of its staff.
6.10. Airtime or data is loaded onto the sim cards in accordance to the agreement for a period of 24 months. The recharge date varies according to each network and my be on a 30 day cycle or on the same date monthly.
6.11. Airtime / data usage is suspended in the event of non-payment. Carry over airtime or data may be lost whilst an account is suspended for non-payment. The subscriber agrees that this is not for Mobi Warehouses account and the subscriber therefore has no claim against Mobi Warehouse or any of the networks for this loss.
6.12. From time to time, due to processes and policies between Mobi Warehouse and the networks, the subscriber may receive an additional airtime reload at the end of their contract term. In cases such as this, the subscriber is able to use this airtime, free sms's or data, but is not entitled to that additional service. As such, in the event that the subscriber does not continue with their services with Mobi Warehouse, the airtime may be lost when being migrated to the prepaid or open contract platform or another service providers account. This does not apply to out-of-bundle airtime or data and may only apply to some networks.
7.1. The onus is on the subscriber to ensure that the hardware provided by Mobi Warehouse is fully operational on receipt thereof.
7.2. The subscriber must ensure that the delivered phone is the phone ordered prior to opening the packaging. In the event that the packaging is opened and the phone is not the correct one it is deemed accepted and any additional costs that may be applicable will be accounted to the subscriber accordingly.
7.3. Out of Box Failures (OBF) are limited to devices received by the subscriber that are not operating correctly within 7 days of having received the device. In this instance the client is to make contact with Mobi Warehouse for the phone to be returned to the supplier, Vodacom. Once an OBF has been confirmed by the supplier, it will be replaced with a new phone by Mobi Warehouse. The OBF is in accordance to the suppliers time frames and internal processes and may take up to 14 days to be resolved, excluding the supply of a new phone when required which may take up to a further 7 working days depending on stock availability.
7.4. All OBF claims will be exempt in the event that the device has any cosmetic, water damage and/or other damage as a result of negligence as determined by the conditions supplied by Vodacom or any of their appointed agents.
7.5. Any cosmetic, water damage or damage as a result of negligence as determined by the conditions supplied by Vodacom and or any of their appointed agents will be for the subscribers own expense.
7.6. Failure to report the device as faulty within the first 7 days of receiving the device will require the client to request a confirmation of purchase from Mobi Warehouse and take the phone to the nearest Vodacare centre for repairs.
7.7. All phone faults are to be reported within 5 (five) business days of the fault occurring.
7.8. Loan phones are not supplied by Mobi Warehouse while a device is in for repairs.
7.9. Mobi Warehouse and its agents shall not be liable for the degradation of the quality of the subscription service which may directly or indirectly result from defective or malfunctioning hardware. The subscriber hereby indemnifies Mobi Warehouse and its agents and holds them harmless against any claim which may be instituted against Mobi Warehouse or its agents by the subscriber, or any other person whatsoever. This includes any direct claims for warrantee claims or OBF claims.
7.10. The phones exclude software and USB cables.
7.11.1 All devices carry a warranty with the suppliers of Mobi Warehouse; devices must be taken to appointed repair centres within the warranty period specified by each respective supplier.
7.11.2 It is the responsibility of the customer to ensure the device is taken to a certified repair centre along with a Mobi Warehouse supplied proof of purchase.
7.12 Mobi Warehouse is subject to the warranty terms and conditions provided by any repair centre appointed by suppliers of hardware to Mobi Warehouse and thus cannot be liable for any quotes for repair or feedback provided from these repair centres.
7.13 Insurance is not included in the subscription for the phones.
8. SIM / SIM cards
8.1. The subscribers new SIM card will be activated within 7 working days of ordering.
8.2. A maximum number of 3 SIM cards can be purchased by one employee, unless otherwise stated or agreed to by Mobi Warehouse.
8.3. Each SIM provided is to be associated to a Mobi Warehouse airtime contract. Mobi Warehouse will not supply blank or unallocated SIM cards.
8.4. Failure of the SIM card does not exempt the subscriber from paying their subscription fee.
8.5. All failed SIM cards must be reported to Mobi Warehouse.
8.6. Faulty/ failed SIM cards will be SIM swapped at a cost of R100, excluding delivery where applicable, unless otherwise stated by Mobi Warehouse or the applicable network.
8.7. Airtime and SMS’s will be loaded initially on the new SIM card as per the agreement taken. Airtime is recharged monthly on the following days of the month for the respective networks:
8.7.1. Cell C, 15th of each month
8.7.2. MTN, 6th of each month
8.7.3. Vodacom, 1st of each month
8.8. Insurance is not included for the SIM card by Mobi Warehouse.
8.9. It is assumed that all new orders requiring an airtime contract will be for a new number unless it is expressly noted in writing to the SP that the subscriber would like to keep their existing number from an existing prepaid contract.
8.10. All new numbers will be accompanied by a new SIM card unless the subscriber expressly requests otherwise and provides the SP with an existing blank SIM card.
8.11. All new MTN SIM card activations may recieve a pro-rata airtime balance for the first month.
9. Service delivery
9.1. All orders will be delivered within 7 (seven) normal working days of the correctly completed and approved form being submitted, unless the following:
9.1.1. In respect of new orders, the debit order details approval may take longer than anticipated or the details having been rejected due to incorrect information.
9.1.2. Delays may occur regarding stock delivery to Mobi Warehouse from our suppliers that are beyond our reasonable control
9.1.3. Mobi Warehouse has exercised its right to reject an order without repercussion or notification to the subscriber of the reasons thereto should the following be applicable:
18.104.22.168. The total number of airtime contracts and / or phones as stipulated by their place of employment is exceeded
22.214.171.124. The total number of contracts and / or phones as stipulated by Mobi Warehouse is exceeded. At present the maximum number of phone deals allowed is limited to 2 (two) per client; maximum number of airtime deals is limited to 3 (three) per client
126.96.36.199. The value of payroll deduction as per the arrangement with the subscribers place of employment (it is up to the subscriber to check on the value prior to placing the order)
188.8.131.52. The subscriber is not authorised to use the debit order details supplied on the agreement
184.108.40.206. The subscriber is not the authorised account holder for the debit order details and the authorised account holder has not signed in agreement for the monthly deduction
220.127.116.11. The subscriber information supplied to Mobi Warehouse is incomplete or inaccurate
18.104.22.168. The subscribers debit order details are not supplied with the subscriber agreement irrespective of the client being put onto payroll deduction
22.214.171.124. Any other reasons that Mobi Warehouse deem pertinent to a valid rejection of the order at the time of the order being reviewed
126.96.36.199. Should Mobi Warehouse, at its sole discretion, believe that they are not able to meet the standards/obligations as set out by the subscriber, directly or indirectly, in terms of the agreement in place or requested, communicated or insinuated by past endeavours.
9.1.4. Mobi Warehouse reserves to the right to deny service or hardware to any prospective subscriber without notification.
10. Limitation of Liability
10.1. The subscriber hereby indemnifies and exonerates Mobi Warehouse and its duly authorised agents and/or representatives entirely in respect of any event of whatever nature, pertaining to any loss or damage (whether direct or consequential, and whether in contract or in delict) suffered by the subscriber, its family, its servants or invitees, as a result of any circumstance whatsoever which might lead to the loss of the signal or service due to:
10.1.1. any defect or failure in the distribution with the reception of the subscription service signal for which the subscribers SIM card is enabled;
10.1.2. strikes, emergencies, mechanical failures, regulatory or any governmental action, action or inaction by the subscriber, its contractors, employees, agents or invitees;
10.1.3. transmitter being damaged or in any way affected so as to discontinue or disrupt the effective transmission of the signal; and
10.1.4. a breach of this agreement or any other cause beyond Mobi Warehouses reasonable control;
10.2. In no event shall Mobi Warehouse be liable for incidental, special or consequential damages arising out of or relating to this agreement. The subscriber hereby indemnifies Mobi Warehouse and its duly authorised agents and representatives, and holds them harmless against any claim which may be contemplated against Mobi Warehouse or its duly authorised agents or representatives by it or by any member of its related affiliates or assigns, its customers, its clients, its servants or invitees, or any third party who may suffer any loss or damage as a result of any of the aforesaid events or any other event, or communication which is in any way related to the relevant network transmitter; network, service provider, supplier or repair agent (Vodacare or duly appointed repair agent).
10.3. Subject to the provisions of clause 11, the subscriber agrees that in the event of any defect or failure caused by any of the aforesaid events, the subscriber shall nevertheless be liable in full under this agreement.
10.4. The subscriber holds Mobi Warehouse, it's directors, management team and / or staff, servants, appointed courier companies, representatives or any other service providers directly or indirectly associated or employed by Mobi Warehouse exempt against any claim of damages incurred as a result of the collection and/or delivery of a device, hardware, sim card or parcel and its contents whilst in the possession of any of the aforementioned parties. This includes collections or deliveries of the initial order, repairs and returns.
10.5. Mobi Warehouse accepts no liability or responsiblity for any hardware submitted to Mobi Warehouse for repairs. This includes physical, cosmetic and/or internal damage as a result of poor handling, workmanship or during transit. Poor workmanship claims are to be handled directly with Vodacare as the warrantee holder for all hardware supplied by Mobi Warehouse or the applicable servicing company or manufucturer.
10.6. Mobi Warehouse accepts no liability for any warrantee claims regarding the hardware or products supplied. All claims are to be made with supplier, manufacturer or repair agent directly.
10.7. Mobi Warehouse is hereby exempt from claims or damages for any claim as a result of an OBF (Out of Box Failure). However, Mobi Warehouse will assist in faciliating the OBF as determined in section 7.
10.8. The onus is on the subscriber to ensure that the phone is packaged to accommdate any protection of the phone whilst it is being transported to the applicable service company. Such packaging may be opened by a Mobi Warehouse representative to ensure the validity of the phone provided repair, as well as an appointed agent at Vodacare for the repair of the phone.
10.9. Mobi Warehouse reserves the right to collect a phone or hardware for repair at their discretion outside of the obligations as noted for an OBF (Out of Box Failure). This is not done as a part of the service provided by Mobi Warehouse, and should not be interpreted as such, but as an exception on merit as identified by Mobi Warehouse management.
10.10. The subscriber holds Mobi Warehouse, it's directors, management team and / or staff, servants, appointed courier companies, representatives or any other service providers directly or indirectly associated or employed by Mobi Warehouse exempt against any claim in the event that advertising, marketing or communications to the subscriber, whether intended or otherwise, was misunderstood, incorrectly conveyed or is found to be not of the subscribers reasonable understanding. Mobi Warehouse reserves the right to interpret such advertising, within the confines of the presiding law of the land within the jurisdiction of Mobi Warehouse's noted domicilium, and subsequently reserves the right to cancel the agreement, with or without penalties, as identified by the CPA, at their discretion.
10.11. In the event that a valid claim is made against Mobi Warehouse, said claim cannot exceed the value of the agreement, or payments received by Mobi Warehouse for the agreement, whichever shall be the lower of the two values.
11. Force Majeure
If either of the parties is prevented from carrying out any obligation imposed upon it in terms hereof, by reason of any force majeure, act of God, act of state, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstances beyond the parties' reasonable control, the party concerned shall, in writing, advise the other party within seven days (7) of the existence of the circumstances and expected duration thereof. The performance of the agreement shall, to the extent that it is made impossible by the circumstances and subject to what follows, be suspended until such circumstances cease to prevail. If however the subscription service is suspended for a period ranging from 24 consecutive hours to 15 consecutive days and the subscriber continues to pay the subscription fee, the subscriber shall be entitled to a pro rata rebate for the period during which the subscription service was suspended. If however such circumstances continue for a period in excess of 15 consecutive days, both the subscriber and Mobi Warehouse shall be entitled to cancel this agreement by giving the other party 30 days written notice to this effect. In the event of a cancellation in terms of this clause, neither party shall have any claim against the other, save for any outstanding monies owed by the subscriber to Mobi Warehouse at the date of such cancellation.
12. Breach of contract, liability and damages
12.1. Failure by the subscriber to comply with any of the terms and conditions of this agreement, including failure to pay any charge, subscription fee, duty or tax when due and payable, shall constitute a material breach of this contract and in that event Mobi Warehouse shall be entitled, at its option:
12.1.1. to cancel without notice this agreement forthwith and to claim all amounts due and such damages as it may be entitled to in law; or
12.1.2. for a period of not more than 10 days, disable the subscriber's smartcard and afford the subscriber an opportunity of remedying the breach within the 10 day suspension period. In the event that the subscriber remedies the breach to the satisfaction of Mobi Warehouse within the suspension period, to again enable the SIM card against payment by the subscriber of a reconnection fee to be prescribed by Mobi Warehouse from time to time.
12.2. In the event that the subscriber fails to remedy the breach within the suspension period, Mobi Warehouse shall be entitled to proceed in terms of 12.1.1.
12.3. The failure of Mobi Warehouse to exercise any of its rights shall not constitute a waiver of any other rights of Mobi Warehouse arising from
such breach, whether or not such rights are set forth in this agreement. In the event that the agreement is cancelled by Mobi Warehouse in terms of this clause 12, all amounts payable by the subscriber in terms of this agreement from the date of cancellation until the date on which this agreement would have expired, but for the breach, including any arrear amounts owing, shall become immediately due and payable.
A certificate from Mobi Warehouse setting out the amount owing to Mobi Warehouse in terms of this clause shall be prima facie proof of such amounts owing.
12.4 In the event that Mobi Warehouse fails to meet its obligations and such obligations are noted by the subscriber prior to Mobi Warehouse receiving payment for any services or hardware, such failure shall award Mobi Warehouse the right to cancel the agreement with immediate effect and without any claim of damages in any way at their own discretion. Should the hardware be damaged in anyway at the time of such a breach being discovered, Mobi Warehouse may obtain a quote from its service contractor, Vodacare, to repair or refurbish the hardware at the subscribers cost. All hardware retrieved by Mobi Warehouse must be done so in the original packaging and accompanied by all the accessories and manuals as supplied to the subscriber.
12.5 In the event that such an obligation as described in clause 12.4 has been discovered after Mobi Warehouse has received payment, Mobi Warehouse shall reserve the right to continue with the contract as they understand it to be without any liability whatsoever, unless otherwise contradicted by the prevailing law of the land or elsewhere in the agreement.
13.1. No alteration, cancellation, variation hereof, including this clause, shall be of any force or effect unless it is reduced to writing and signed by the parties or their duly authorised signatories as an addendum to this agreement.
13.2. This agreement contains the entire agreement between the parties and neither of the parties shall be bound by any undertakings, representations, or warranties not recorded therein nor reduced to writing and signed by both parties.
13.3. No indulgence, leniency or extension of time which Mobi Warehouse may grant or show to the subscriber, shall in any way prejudice Mobi Warehouse or preclude it from exercising any of its rights in the future.
13.4. The subscriber may not cede or assign its rights, or delegate its obligations in terms of this agreement without prior written approval of Mobi Warehouse.
13.5. Mobi Warehouse shall be entitled to cede and assign all its rights and delegate its obligations as contained herein to any other person or corporation whatsoever and wheresoever. In such event, all reference to Mobi Warehouse as contained herein, shall be deemed to be a reference to such other person or corporation. In the event of Mobi Warehouse ceding and assigning its rights and delegating its obligations as referred to above, Mobi Warehouse shall notify the subscriber in writing of such cession and assignment and delegation of obligations, and the effective date of such cession and assignment and delegation of obligations.
13.6. The person signing on behalf of the subscriber warrants and undertakes to Mobi Warehouse that he is not acting as an undisclosed agent or nominee for any person or entity in entering into this agreement and save as disclosed otherwise on the schedule hereto, is entering into this agreement to secure the benefits of this agreement for the subscriber, and for no other person or entity.
13.7. The headings appearing in this agreement have been used for reference purposes only and shall not affect this interpretation.
13.8. The interpretation and enforcement of this agreement shall at all times be governed by the law prevailing in the Republic of South Africa from time to time. For the purpose of all and any proceedings in terms hereof, Mobi Warehouse shall be entitled in its absolute discretion to institute proceedings in the Magistrate's court having jurisdiction notwithstanding that such proceedings are beyond the jurisdiction of this court. Nothing herein contained shall preclude Mobi Warehouse from proceeding against a subscriber in the High Court of South Africa.
13.9. All costs and disbursements, including legal costs on the attorney and own client scale incurred by Mobi Warehouse in enforcing its rights in terms of this agreement, collecting or endeavouring to collect all or any amounts payable by the subscriber to Mobi Warehouse, or otherwise, and all collection charges shall be payable by the subscriber to Mobi Warehouse as and when incurred.
13.10. The terms of this contract are subject to change as is required by law or changes within the industry requiring amendments without notice. Such changes include any requirements that are deemed necessary to protect Mobi Warehouse, its directors, staff or appointed service providers from claim or liability within the reasonable scope of the law prevailing in the Republic of South Africa. Any changes effected shall be updated on the website for all subscribers to access or will be made available on request.
13.11. If any clause or term of this agreement shall be declared to be invalid, unenforceable or illegal, then the remaining terms and provisions of this agreement shall, at the option of Mobi Warehouse, be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this agreement.
14.1. The parties respectively choose domicilium citandi et executandi for the purpose of all notices and processes arising out of, or in connection with this agreement, as follows:
in the case of the subscriber at the address stipulated in the schedule hereto and in the case of Mobi Warehouse at the address stipulated in the schedule.
14.2. Any notice sent by either party to the other shall be deemed to be received on the 7th day after posting by pre-paid registered post, or on the date of delivery in case of delivery by hand.
14.3. Each party shall be entitled to change the address specified by it in terms of this clause to any other address within the Republic of South Africa (not being at a post office box or poste restante) as follows:
In the case of the subscriber on not less than 14 days prior written notice to Mobi Warehouse and in the case of Mobi Warehouse on the Mobi Warehouse website, www.mobiwarehouse.co.za, or on request by the subscriber in writing (e-mail / letter).