Mobi Warehouse Service Agreement Standard Contract Terms and Conditions

1. Definitions

In this Agreement, unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them, and similar expressions shall bear corresponding meanings. The plural of each term shall be deemed to have the same meaning as its singular form:

"Company" means the entity by which the Subscriber is employed.
"Subscriber" means the natural person who has entered into this Agreement.
"Agreement" means this service agreement, including these terms and conditions.
"Renewal" means the extension or continuation of the Agreement for an additional 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 on which the services are first activated or the date on which the product is deemed to have been delivered, which shall be the date of confirmed or successful delivery as per the records of the courier service partner appointed by Mobi Warehouse.
"Mobile Device Management (MDM) Software" means the software solution installed by Mobi Warehouse on the Hardware which, for the duration of this Agreement, provides Mobi Warehouse with certain administrative capabilities over the device, including but not limited to the remote monitoring of the device's status and the ability to restrict or lock the device and associated SIM card in the event of a breach of this Agreement.
"Fee" or "Subscription" means the monthly amount payable for the services or products rendered under this Agreement.
"CPA" means the Consumer Protection Act, 2008 (Act No. 68 of 2008).
"Hardware" means a cellphone, dongle, modem, or any other physical device supplied by Mobi Warehouse, excluding a SIM card or airtime.
"SIM" or "SIM Card" means the SIM card supplied by Mobi Warehouse and associated with a Mobi Warehouse contract.
"Agent" means any affiliate, reseller, or third party involved in the sale and support of Mobi Warehouse products and services.
"Contract Application" or "Contract" refers to the agreement entered into by the subscriber with Mobi Warehouse or the completed application for a contract, as applicable.

Any term not expressly defined herein shall bear its ordinary legal meaning as applicable under South African law.

2. Agreement

2.1. Mobi Warehouse agrees to supply services, which may or may not include hardware, through a designated hardware service provider, subject to the terms and conditions of this Agreement and/or the applicable service provider’s agreement.

2.2. The Subscriber, duly represented where applicable, agrees to be bound by this Agreement and to receive the services in exchange for payment of the fees and charges specified for the duration of the Agreement.

3. Duration and Cancellation

3.1. This Agreement shall commence on the Effective Date and shall continue for the agreed number of consecutive months unless terminated earlier in accordance with the provisions of this Agreement or applicable law.

3.2. Upon expiration of the initial term, the subscription service shall automatically convert to a standard prepaid service as determined by the respective service provider, unless the Subscriber enters into a Renewal Agreement with Mobi Warehouse.

3.3. Once entered into, this Agreement or any subsequent renewal thereof shall not be transferable or refundable within the 24-month period, except as provided under the Consumer Protection Act, 2008 (CPA) or any other applicable legislation.

3.4. A Renewal Agreement may only be concluded within the last 2 months of the initial term, subject to the sole discretion of the service provider.

3.5. Early Termination: Should the Subscriber opt for early termination, a reasonable cancellation penalty will apply, as provided for under the CPA. The penalty shall be calculated based on factors including but not limited to:

The outstanding balance of the contract;
The full undiscounted value of the airtime/service;
The full cost of the handset and/or hardware supplied;
Any applicable administrative costs.

3.6. Notice of Cancellation: In accordance with the CPA, the Subscriber may terminate this Agreement by providing 21 (twenty-one) business days' written notice, subject to clause 3.5 and any amendments to the CPA or other prevailing legislation in South Africa.

3.7. Termination by Mobi Warehouse: Mobi Warehouse, its employees, and/or its agents reserve the right to cancel this Agreement at any time during the initial or renewal period by providing the Subscriber with 21 (twenty-one) business days’ written notice. Upon such cancellation, any outstanding balances, including but not limited to the balance of the contract and/or a reasonable cancellation fee, shall become payable in accordance with the CPA.

3.8. For further cancellation terms, refer to Clause 10.10.

4. Fees and Charges

4.1. The parties acknowledge that Mobi Warehouse shall collect the agreed-upon fees and outstanding balances through the following payment methods:

4.1.1. Payroll Deduction: The Subscriber hereby authorises their employer (the Company) to deduct the monthly subscription fee and remit payment to Mobi Warehouse.

4.1.2. Debit Order Deduction: The Subscriber hereby authorises Mobi Warehouse to debit their bank account for the agreed fees under the following circumstances:

If the Subscriber ceases employment with the Company identified in this Agreement;
If payroll deduction is unavailable as a payment method

4.1.3 Payroll Deduction Limit and Discretion: The Subscriber hereby acknowledges that the total monthly Subscription Fee deducted via payroll under clause 4.1.1 shall, by company policy, not exceed fifteen percent (15%) of their gross monthly salary.

4.2. Failure to Pay: Should the Subscriber fail to make payment as required, all outstanding fees, including the full value of the Agreement, shall become immediately due and payable, including any arrears.

4.3. Bank Authorisation: The Subscriber understands that all banking related payments will be processed through a computerised system provided by South African banks and will be reflected on their bank statement. A unique payment reference will be included for identification purposes. No refunds shall be due for payments made under this authority if the amounts are legally owed.

4.4. Subscriber Responsibility: The Subscriber acknowledges that all payment instructions issued by Mobi Warehouse shall be treated as if personally authorised.

4.5. Cancellation of Debit Order: Cancellation of the debit order does not cancel this Agreement, and the Subscriber remains liable for all outstanding amounts legally owed to Mobi Warehouse.

4.6. Fees Structure: The applicable fees are those reflected on the front page of this Agreement and are based on the available offers at the time of signing.

4.7. Connection Fees: A compulsory once-off connection fee is applicable as follows:

R200 (Two Hundred Rand) for all device-inclusive deals.
R99 (Ninety-Nine Rand) for sim-only deals.
These amounts are subject to change without prior notice.

4.8. Fee Adjustments: All quoted fees are subject to change in line with applicable offers. However, once agreed upon and reflected on the front page or any addendum to this agreement agreed to via email, the subscription and additional fees are binding for the full contract term.

4.9. Alternative Payment Methods: Fees may also include payments made via credit card when purchasing items outright from Mobi Warehouse.

4.10. Debt Collection Costs: The Subscriber shall be liable for all costs incurred due to non-payment, including but not limited to:

Fees payable to Mobi Warehouse, a duly appointed collection agency, or legal service providers;

4.11. Interest on Late Payments: Mobi Warehouse does not charge interest on late payments. Any overdue amounts will not accrue interest.

4.12. Billing Cycle: Payments are due monthly, commencing from the next billing cycle following:

Delivery or activation of the Subscriber’s service, hardware, or SIM card; and
Continuing until the service is either no longer required (post-24 months) or cancelled by Mobi Warehouse.

4.13. Early Cancellation Penalties: In accordance with the CPA, penalties may apply for early cancellation. These will be assessed case by case, and any discounts received shall be void, requiring the Subscriber to pay the full value of the hardware, airtime, or any combination thereof.

4.14. Credits and Refunds: Mobi Warehouse may, at its sole discretion, issue credits and/or refunds. Such credits and/or refunds shall not derogate Mobi Warehouse’s right to recover the full outstanding contract value by any lawful means.

4.15. No Payment Suspension for Repairs: The Subscriber acknowledges that no refunds, credits, or payment suspensions shall be granted due to:

The hardware being sent for repairs;
The hardware being damaged beyond repair;
The hardware being unusable due to hardware failure.
The Subscriber remains liable for full payment during such periods.

4.16. Subscriber's Obligation: The Subscriber is responsible for ensuring that their account remains up to date. Mobi Warehouse is not obligated to issue reminders for outstanding amounts, and failure to notify the Subscriber of arrears does not exempt them from payment obligations.

4.17. The subscriber acknowledges that the monthly subscription fee does not include insurance for the handset, SIM card, or the remaining contract balance. The subscriber is responsible for arranging independent insurance coverage if required.

4.18. In the event of an unsuccessful deduction, whether via payroll or debit order, the outstanding amount shall automatically be carried forward to the subscriber’s next billing cycle until such time as the deduction is successfully processed. If Mobi Warehouse reduces the deduction amount for any reason, the remaining outstanding balance shall remain payable by the subscriber in full.

4.19. Should a subscriber leave their current employer and, as a result, no longer be eligible for payroll deduction, they will automatically be transitioned to a debit order payment method without further notice.

4.20. A subscriber will not be permitted to enter into an agreement with Mobi Warehouse if they refuse to provide valid banking details and debit order authorization, irrespective of whether they qualify for payroll deduction.

4.21. Any incorrect debit, deduction, or collection by Mobi Warehouse shall automatically be credited to the subscriber’s account balance. Any credit or debit balance remaining thereafter shall be subject to normal accounting procedures.

4.22. The subscriber acknowledges and consents to Mobi Warehouse conducting a credit check at its sole discretion. This credit check is not limited to debit order subscribers and may be conducted periodically as determined necessary by Mobi Warehouse.

4.23. If the subscriber fails to make two (2) or more consecutive payments, their account will be handed over to a third-party collection agency for further processing and recovery of outstanding amounts. Additionally, the cell number associated with the contract may be recycled by the network provider and/or Mobi Warehouse, meaning it may be reassigned to another customer at the network’s and/or Mobi Warehouse’s discretion. The subscriber acknowledges that Mobi Warehouse shall not be liable for any loss, inconvenience, or claim arising from the reassignment of the cell number due to non-payment.

4.24. Consent for Debt Recovery & Indemnity

4.24.1. The Subscriber hereby provides express, informed, and irrevocable consent for Mobi Warehouse to process and disclose their personal information, as defined in the Protection of Personal Information Act 4 of 2013 ("POPIA"), to any registered debt collection agency, attorney, or credit bureau. This is strictly for the purpose of enforcing this Agreement and recovering any outstanding debts.

4.24.2. The Subscriber warrants this consent is voluntary and indemnifies Mobi Warehouse against any claim, loss, or expense arising from the lawful disclosure of their information for this specific purpose.

4A. Mobile Device Management (MDM) and Security Interest

4A.1. Purpose of MDM: The Subscriber irrevocably consents to the installation and operation of the MDM Software on the Hardware for the duration of this Agreement. The primary purpose of this software is to protect the legitimate business interests of Mobi Warehouse by ensuring compliance with the payment and other material terms of this Agreement.

4A.2. Security Interest: As security for the due and punctual payment of all amounts owed under this Agreement, the Subscriber grants Mobi Warehouse a special and preferential security interest in the Hardware and the use of the associated SIM card. The MDM Software is the mechanism to enforce this security interest.

4A.3. Right to Restrict Access: The Subscriber acknowledges and agrees that in the event of a material breach of this Agreement, including but not limited to:

(a) the failure to make any payment when due;

(b) the cancellation or repudiation of the debit order or payroll deduction authority; or

Mobi Warehouse reserves the right, at its sole discretion and without prior notice, to remotely trigger the MDM Software to restrict, disable, or lock the Hardware and the associated SIM card, rendering them inoperable.

4A.4. Reactivation: Following a lawful restriction or lock, reactivation of the Hardware and SIM card will only be considered once the Subscriber has remedied the breach to Mobi Warehouse's satisfaction, including the payment of all outstanding amounts, any reasonable administrative fees for reactivation, and any other amounts due in terms of this Agreement.

4A.5. Subscriber's Undertaking: The Subscriber undertakes not to tamper with, remove, disable, or attempt to circumvent the MDM Software. Any such action shall constitute a material breach of this Agreement, entitling Mobi Warehouse to immediately terminate the Agreement and claim immediate payment of the full outstanding balance as per Clause 3.5 and 12.1.

5. Networks

All terms and conditions stipulated by the respective mobile networks, including but not limited to current or future pricing structures, form an integral part of this agreement unless expressly stated otherwise by Mobi Warehouse. By signing this agreement, the subscriber acknowledges and agrees to be bound by all applicable network terms and conditions.

The subscriber is responsible for reviewing the terms and conditions of their chosen network before signing this agreement. Mobi Warehouse shall not be held liable for any provisions within the network’s terms and conditions that may have a direct or indirect negative impact on the subscriber. The relevant terms and conditions can be accessed at the following official websites:

Vodacom – www.vodacom.co.za
Cell C – www.cellc.co.za
MTN – www.mtn.co.za
Telkom – www.telkom.co.za

6. Subscription Service

6.1. Upon receipt of a fully completed and signed agreement, Mobi Warehouse, at its sole discretion, may authorize the respective network provider to activate the subscriber's SIM card. This activation grants the subscriber access to mobile network services via their designated hardware. Mobi Warehouse is under no obligation to approve or process any agreement and reserves the right to decline the subscriber’s application at its discretion.

6.2. The subscription may include both hardware and airtime or may be limited to one of these components, as specified in the agreement.

6.3. The monthly subscription fee remains payable in full, regardless of whether the subscriber utilizes the services.

6.4. A new SIM card shall be activated within seven (7) working days from the date the order is approved and accepted by Mobi Warehouse.

6.5. Airtime and SMS allocations will be preloaded onto the new SIM card, with subsequent recharges occurring in accordance with each network provider’s respective terms and conditions.

6.6. The subscription does not include Value-Added Services (VAS) unless expressly stated by Mobi Warehouse. Any additional VAS requested by the subscriber shall be subject to additional charges.

6.7. Monthly airtime and/or data allocations are loaded onto the SIM card in accordance with the terms of the agreement. Recharge dates vary according to network provider policies and may follow either a 30-day cycle or a fixed monthly calendar date.

6.8. Non-payment of subscription fees may result in the suspension of airtime and data usage. During any period of suspension, carry-over airtime or data may be forfeited. The subscriber acknowledges that such forfeiture is not the responsibility of Mobi Warehouse, and no claims for compensation shall be entertained.

6.9. In the event that the subscriber chooses not to renew or upgrade the contract upon the expiration of the agreed term, their number will be automatically converted to a prepaid account. The number in question may be RICA-locked as a result of the migration to prepaid, and the subscriber may be required to RICA-register their number at an applicable network store in order to continue use of their number. Mobi Warehouse shall not be held liable for any loss of airtime, data, or minutes incurred during or as a result of this migration to prepaid.

6.10 Number Recycling Consent

6.10.1. The Subscriber expressly consents to Mobi Warehouse assigning a mobile number that was previously used by another customer ("Recycled Number").

6.10.2. Mobi Warehouse makes no warranties regarding the history or previous associations of the Recycled Number. The Subscriber may receive communications intended for the previous user.

6.10.3 The Subscriber indemnifies Mobi Warehouse against any claims, losses, or nuisance arising from the assignment or use of a Recycled Number.

7. Hardware

7.1. The subscriber is responsible for ensuring that the hardware provided by Mobi Warehouse is fully operational upon receipt. Any defects or operational issues must be reported immediately.

7.2. Before opening the packaging, the subscriber must verify that the delivered hardware matches the hardware ordered. If the packaging is opened and the hardware is incorrect, it will be deemed accepted, and any additional costs incurred for replacement will be borne by the subscriber.

7.3. Out of Box Failures (OBF): Out of Box Failures (OBF) apply to devices that exhibit defects within seven (7) days of receipt. In such cases, the subscriber must notify Mobi Warehouse immediately to initiate the return process. If the supplier confirms the OBF, a replacement or repaired device will be issued in accordance with the supplier’s returns policy. The resolution process may take up to 21 (twenty-one) days, excluding an additional 7 (seven) working days required for stock availability, if applicable.

7.4. OBF claims will not be valid if the device has suffered cosmetic damage, water damage, or any form of negligence, as determined by the supplier or their appointed agents.

7.5. Any repairs or replacements required due to cosmetic damage, water damage, or negligence will be at the sole expense of the subscriber.

7.6. Reporting Hardware Issues: If a hardware issue is not reported to Mobi Warehouse within the first 7 (seven) days of receipt, the subscriber will be required to seek further assistance directly from the device manufacturer in accordance with their repair or warranty policies.

7.7. Mobi Warehouse does not provide loan devices while the subscriber's hardware is in for repairs.

7.8. Mobi Warehouse and its agents are not liable for any degradation in subscription service quality resulting from defective or malfunctioning hardware. The subscriber indemnifies Mobi Warehouse and holds it harmless against any claims, including but not limited to, warranty and OBF-related claims.

7.9. All hardware is covered by a manufacturer's warranty for the duration prescribed by the manufacturer.

7.10. Insurance is not included in the subscription for the hardware. The subscriber is responsible for arranging insurance if desired.

7.11 Pre-Delivery Configuration: The Subscriber acknowledges and expressly agrees that all Hardware supplied by Mobi Warehouse will be delivered as new, but the original packaging will have been opened to allow for the installation and configuration of essential software, including the Mobile Device Management (MDM) Software. The Subscriber accepts that this pre-configuration is a fundamental requirement for the provision of the service under this Agreement.

8. SIM / SIM Cards

8.1. A newly issued SIM card will be activated within ten (10) working days from the date of delivery to the subscriber.

8.2. A faulty SIM card does not exempt the subscriber from their monthly subscription payments.

8.3. The subscriber must report any faulty or failed SIM cards to Mobi Warehouse.

8.4. SIM Swaps: SIM swaps will be processed at a cost, which will be communicated to the subscriber prior to the process being initiated and delivery taking place.

8.5. Monthly Allocations: Monthly airtime, data, and minute allocations will be loaded onto the contract SIM card in accordance with the terms of this agreement. Airtime will be recharged monthly on the respective dates as determined by the applicable network.

8.6. Insurance is not included for SIM cards under this agreement. The subscriber is responsible for securing separate insurance if necessary.

8.7. Unless explicitly stated in writing, all new orders requiring an SIM contract will be assigned a new number. If the subscriber wishes to retain an existing number on the contract, they must request this in writing or in the space provided in the subscriber agreement prior to activation.

8.8. All new numbers will be accompanied by a new SIM card.

8.9. All new contract SIM card activations may receive a pro-rata airtime balance for the first month

9. Service Delivery

9.1. All orders will be delivered within ten (10) working days from the submission of a correctly completed and approved order form, except in the following circumstances:

9.1.1. New Orders: Delays may occur if debit order details require additional approval time or are rejected due to incorrect information.

9.1.2. Stock Availability: Mobi Warehouse is not responsible for delays caused by supplier stock shortages or other factors beyond its reasonable control.

9.1.3. Mobi Warehouse reserves the right to reject any contract application without notification or explanation.

9.1.4. Mobi Warehouse reserves the right to deny service or hardware to any prospective subscriber without prior notification.

9.2. Mobi Warehouse reservces the right to conduct a credit risk assessment or identity confirmation on an existing subscriber or contract applicant.

10. Limitation of Liability

10.1. The subscriber hereby indemnifies and releases Mobi Warehouse, along with its authorized agents and representatives, from any liability for loss or damage (whether direct or consequential) suffered as a result of:

10.1.1. Defects or failures affecting the distribution or reception of the subscription service signal.
10.1.2. External factors, including but not limited to strikes, emergencies, mechanical failures, regulatory actions, or subscriber negligence.
10.1.3. Damage to a transmitter or any event disrupting the transmission of the signal.
10.1.4. Any breach of this agreement or other unforeseen circumstances beyond Mobi Warehouse’s reasonable control.

10.2. Exclusion of Consequential Damages: Under no circumstances shall Mobi Warehouse be liable for incidental, special, or consequential damages related to this agreement. The subscriber indemnifies Mobi Warehouse and its agents against any third-party claims arising from the network provider, service provider, supplier, repair agent or manufacturer.

10.3. The subscriber acknowledges that, regardless of any service interruptions or failures, they remain fully liable under this agreement.

10.4. Collection & Delivery Risks:

The subscriber waives any claims against Mobi Warehouse, its directors, management, staff, appointed courier services, and representatives for damages incurred during the collection or delivery of devices, hardware, SIM cards, or parcels, including initial orders, repairs, or returns.

10.5. Repair Liability:

Mobi Warehouse accepts no liability for any hardware submitted for repairs, including damages due to poor handling, workmanship, or transit. Any poor workmanship claims must be addressed directly with the supplier or the respective repair company/manufacturer.

10.6. Warranty Claims:

Mobi Warehouse is not responsible for warranty claims related to supplied hardware or products. All claims must be submitted directly to the supplier, manufacturer, or repair agent.

10.7. OBF (Out of Box Failure) Claims:

Mobi Warehouse does not accept liability for OBF claims. However, it will assist to facilitate the process in accordance with Section 7.

10.8. Subscriber's Responsibility for Packaging:

The subscriber must ensure that hardware is properly packaged to prevent damage during transport to the service provider or to Mobi Warehouse via appointed courier partner. Mobi Warehouse reserves the right to open the packaging to verify hardware validity before submitting it for repairs or OBF process.

10.9. Discretionary Collection for Repairs:

Mobi Warehouse may, at its discretion, collect hardware for repairs outside of OBF obligations.

10.10. Advertising & Communication Disclaimer:

The subscriber acknowledges that misunderstandings or misinterpretations of Mobi Warehouse’s advertising, marketing, or communications do not constitute valid claims.
Mobi Warehouse reserves the right to interpret marketing material within the scope of applicable laws.
Mobi Warehouse also retains the right to cancel any agreement if deemed necessary, in compliance with the Consumer Protection Act (CPA).

10.11. Liability Cap:

In the event of a valid claim against Mobi Warehouse, the maximum liability shall be limited to the value of the agreement or the total payments received by Mobi Warehouse under the agreement, whichever is lower.

10.12. MDM Software:

The Subscriber indemnifies and holds Mobi Warehouse harmless against any loss, damage, or claim arising from the operation of the MDM Software, including the restriction or locking of the device and SIM card in accordance with this Agreement. Mobi Warehouse shall not be liable for any direct, indirect, or consequential damages the Subscriber may suffer as a result of the device being locked due to the Subscriber's breach of this Agreement.

11. Force Majeure

11.1. If either party is unable to fulfill its obligations under this agreement due to force majeure—including but not limited to acts of God, government actions, riots, insurrections, civil unrest, strikes, sanctions, boycotts, embargoes, or any other circumstances beyond their reasonable control—the affected party must notify the other in writing within seven (7) days, specifying the nature and expected duration of the disruption.

11.2. The performance of this agreement shall be suspended to the extent that it is rendered impossible by the force majeure event, and shall resume once the circumstances cease to exist.

11.3. If the disruption continues for more than 15 consecutive days, either party may cancel the agreement by providing 30 days' written notice. In such a case, neither party shall have any claim against the other, except for any outstanding amounts due to Mobi Warehouse as of the cancellation date.

12. Breach of Contract, Liability, and Damages

12.1. If the subscriber fails to comply with any terms of this agreement, including failure to pay any due fees, it constitutes a material breach. In this case, Mobi Warehouse may, at its discretion:

12.1.1. Terminate this agreement immediately without notice and claim any outstanding amounts or damages as permitted by law.

12.1.2. Temporarily disable the subscriber's SIM for up to 10 days, allowing the subscriber an opportunity to remedy the breach within this period. If the breach is remedied to Mobi Warehouse’s satisfaction within the suspension period, the SIM card may be reinstated, as determined by Mobi Warehouse.

12.2. If the breach is not remedied within 10 days, Mobi Warehouse reserves the right to proceed with termination as per Clause 12.1.1.

12.3. The failure of Mobi Warehouse to enforce any right under this agreement does not constitute a waiver of any future rights. If Mobi Warehouse cancels the agreement due to breach, all amounts due under the agreement—including outstanding and future amounts due until the original expiration date—become immediately payable. A certificate from Mobi Warehouse specifying the amount due shall serve as prima facie proof of the debt.

12.4. If Mobi Warehouse fails to meet its obligations before receiving payment for services or hardware, it may cancel the agreement without liability and at its sole discretion. If hardware is damaged at the time of cancellation, Mobi Warehouse may obtain a repair or refurbishment quote from respective manufacturer at the subscriber’s cost. The subscriber must return hardware in its original packaging with all accessories and manuals.

12.5. If the breach is discovered after payment has been received, Mobi Warehouse reserves the right to enforce the contract as it stands, unless otherwise contradicted by law.

13. General Provisions

13.1. No alterations, cancellations, or amendments to this agreement shall be valid unless in writing and signed by both parties.

13.2. This agreement constitutes the entire agreement between the parties, and neither shall be bound by any representations not recorded herein.

13.3. Any indulgence, leniency, or extension of time granted by Mobi Warehouse shall not affect its rights under this agreement.

13.4. The subscriber may not assign their rights or obligations without prior written consent from Mobi Warehouse.

13.5. Mobi Warehouse may assign its rights and obligations to any third party and shall notify the subscriber in writing of such a transfer.

13.6. The individual signing on behalf of the subscriber warrants that they are not acting as an undisclosed agent or nominee for any third party.

13.7. Headings in this agreement are for reference purposes only and shall not influence interpretation.

13.8. This agreement is governed by South African law, and Mobi Warehouse may institute legal proceedings in either the Magistrate’s Court or High Court, at its discretion.

13.9. The subscriber shall be liable for all legal costs and collection charges incurred by Mobi Warehouse in enforcing its rights under this agreement.

13.10. Terms of this agreement are subject to amendment without notice, as required by law or industry changes, to protect Mobi Warehouse and its affiliates. Any amendments shall be updated on the Mobi Warehouse website or made available upon request.

13.11. If any term of this agreement is declared invalid, unenforceable, or illegal, the remainder of the agreement shall continue in full force unless the invalidity affects the core agreement.

14. Domicilium (Legal Address for Notices)

14.1. The parties select their respective domicilium citandi et executandi (official address for notices) as follows:

The subscriber's address as stated in the agreement schedule.
The Mobi Warehouse address as requested from a Mobi Warehouse representative.

14.2. Any notice sent by prepaid registered post shall be deemed received on the 7th day after posting. Notices delivered by hand shall be deemed received upon delivery.

14.3. Either party may change its domicilium address within South Africa (excluding PO boxes) by providing written notice:

The subscriber must provide 14 days' written notice to Mobi Warehouse.
Mobi Warehouse shall publish changes on its website or provide written notice upon request.