- INTRODUCTION
- These Terms apply to you and to your use of the Services, and they are a binding legal agreement between you and us.
- Please read the Terms carefully and pay special attention to the clauses that are in bold, as they may exclude or limit our liability (responsibility) to you.
- By accepting these Terms when you order a SIM from us and by using the Services, you agree to the Terms and warrant (promise) that you are at least 18 years old, and that you can enter into a legally binding agreement. If you are under 18 or if you cannot enter into a legally binding agreement, then you may not order a SIM from us and use the Services.
- The Terms include the Mobile Pricing Guide.
- You must know, understand and comply with these Terms.
- DEFINITIONS
Words that begin with a capital letter are defined as follows:
- Account means a valid, active qualifying current or savings personal and/or business and/or wealth account held with Standard Bank.
- Applicable Laws means any laws that govern the activities described in these Terms.
- Bundle means a Device together with SIM;
- Device means any device in which your SIM is installed, including a cellular telephone, modem or tablet.
- FAQs means our list of Frequently Asked Questions. They can be found on our Website, and by being mentioned here, they become part of these Terms.
- Group means Standard Bank Group Limited, its subsidiaries and their subsidiaries.
- ICASA means the Independent Communications Authority of South Africa.
- MMS means a multimedia communication made up of text and pictures.
- Mobile Pricing Guide means the fees that we charge for the Services and associated products. You can find it on the Website.
- Network Operator means the entity licensed by ICASA to operate the Network.
- Network means the electronic communications network that we use to provide you with the Services.
- Personal Information means information about a natural or juristic person. This can include information about race; gender; sex; pregnancy; marital status; nationality; ethnic or social origin; colour; sexual orientation; age; physical or mental health; well-being; disability; religion; conscience; belief; culture; language; birth; education; medical, financial, criminal or employment history; any identifying number, symbol, email, postal or physical address, telephone number, location, online identifier or other particular assignment to the person; biometric information; personal opinions, views or preferences of the person or the views or opinions of another individual about the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; and the name of the person if it appears with other personal information, or if revealing the name itself would also reveal information about the person.
- Process means any operation or activity, automated or not, concerning Personal Information, including: changing; blocking; collation (gathering and arranging); collection; consultation; degradation (loss of information or a reduction of its quality); destruction, spreading by means of transmission, distribution or making available in any other form; erasure; linking; merging; organisation; receipt; recording; retrieval; storage; updating; modification or use.
- Prohibited Activities means:
- illegal or terrorist activities.
- money laundering, bribery, tax evasion, corruption, or fraud.
- any activities that are subject to Sanctions or do not comply with Applicable Laws.
- making a payment that improperly advantages any person.
- Recurring means the option to purchase a recurring airtime bundle and/or data bundle which is automatically allocated every month until such time as you request us to cancel the Additional Data bundle.
- RICA means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002.
- Sanctioned Entity means any natural or juristic person or country listed on any Sanctions List or subject to any Sanctions, including:
- in the case of a juristic person, any person (i) who owns or controls it; or (ii) whom it owns or controls (and for these purposes, owns means holding any percentage of ownership or beneficial interest, and controls means the ability to control the business or policy of the juristic person, whether directly or indirectly, through the voting of shares, by appointing directors or by any other means); and
- in the case of a country, its ministries, departments and agencies, and/or any other governmental organisations.
- Sanctioning Body Sanctioning Body means the United Nations Security Council (UNSC), the Office of Foreign Assets Control of the Department of Treasury of the United States of America (OFAC), the European Union (EU), Her Majesty’s Treasury (HMT), the Ministry of Economy, Finance and Industry (France) (MINEFI) or any other sanctioning body we recognise.
- Sanctions means any restrictions set by a Sanctioning Body, including diplomatic, travel, trade or financial sanctions or embargoes (bans).
- Sanctions List means any list of Sanctioned Entities published by a Sanctioning Body, as updated from time to time.
- Services means the mobile electronic communications services that we provide to you through the Network, including the ability to make calls, send an SMS or MMS or access the internet through your Device.
- SIM means the Subscriber Identity Module (SIM) card that contains your phone number and allows you to access the Network (through a Device) and use the Services.
- SMS means a short-message service or text communication.
- Standard Bank, we, us or our means The Standard Bank of South Africa Limited, (Registration Number 1962/000738/06) and its successors or assigns (third parties who have an agreement with Standard Bank).
- Subscriber Account means the subscriber account that we open in your name when you get a Fixed LTE SIM from us.
- Website means our website at www.mobile.standardbank.co.za.
- UCount Mobile means the UCount Rewards membership option which includes a Bundle offered by UCount Rewards.
- UCount Rewards means the rewards programme that we offer to you that rewards you for your banking relationship with us.
- you or your means a person with a qualifying Standard Bank Account or credit card and where applicable to UCount Mobile, the member.
- YOUR OBLIGATIONS IN TERMS OF RICA (ALSO APPLICABLE TO UCOUNT MOBILE)
- We will not hand over the SIM to you until we are satisfied that you have complied with RICA. You must personally accept delivery of the SIM and provide us with copies of any documents that we request, such as your identity document or proof of address. We may charge you a delivery fee.
- RICA may require us to give your Personal Information, or any communications you send or receive using the Network, to law enforcement authorities.
- You may not transfer your SIM to a third party without our consent and after we have verified that this third party complies with RICA.
- If your SIM is lost, stolen or damaged, you must let us know and immediately report this to the police. If you don’t, you may be guilty of an offence and you may be fined or imprisoned. You will also remain liable for all charges relating to the use of your SIM until you let us know that it has been lost or stolen.
- THE SIM
- Once you receive the SIM, you can activate it on the Website. If you don’t, we will activate it by the end of the month in which you received it.
- You are liable for all charges relating to your SIM, except where you let us know that it has been lost or stolen.
- If you request a replacement SIM after your SIM has been lost, stolen or damaged, you may have to pay a replacement fee and a delivery fee.
- If your SIM doesn’t work properly, you must tell us immediately and we will replace it. You will not have to pay a replacement fee, but we may charge you a delivery fee.
- USING THE SERVICES (ALSO APPLICABLE TO UCOUNT MOBILE)
- You must only use the Services for lawful purposes. You must not:
- use the Services to receive or send material that is in breach of any Applicable Law or that is obscene, threatening, racist, offensive or defamatory;
- use the Services to send junk mail, spam, chain letters or bulk messages;
- use the Services for commercial purposes; or
- sell our Services to any other person.
- If you die, your next of kin must inform us immediately. Your estate will be liable for any invoices that are unpaid and for any use of the Services after your death.
- You must only use the Services for lawful purposes. You must not:
- YOUR SUBSCRIBER ACCOUNT WITH US
- You can manage your SIM (and any additional SIM), your profile and your use of the Services through your Subscriber Account.
- When you buy a SIM from us, there will be a subscription package attached to it (Package) depending on your Account type. This will include a monthly value of airtime and/or data (Inclusive Value). If you do not use the Inclusive Value, it will expire at the end of each month. Depending on which day of the month your SIM is activated, we will provide you with a pro-rated portion (a portion adjusted for a specific period of time) of the Inclusive Value for the rest of that month.
- Accounts with no subscription fees attached to it may have additional qualifying rules to receive the Inclusive Value. Refer to the Mobile Pricing Guide for these Accounts and the related qualifying rules.
- Based on the Account details you enter on the Website, we will offer you a Package with a monthly Inclusive Value for your first SIM. This Package only applies to the first SIM that you buy and not to any additional SIM. If you want to buy an additional SIM, there are different monthly airtime Packages that you can choose from. Additional SIM’s are not dependant on your Account type but it must be linked to the first SIM.
- In addition to your Inclusive Value, you can buy airtime and/or data bundles. You can also choose between data bundles that expire and those that do not. Data bundles that expire can be transferred in part to another Standard Bank SIM before they expire. Data that has been transferred to another SIM is only valid for seven days from the date of transfer unless it expires before.
- You can also buy a Recurring airtime and/or data bundle. Recurring airtime and/or data bundles can be cancelled at any time, but you must give us at least 30 days’ notice.
- Based on the Account details you enter on the Website, we may automatically apply a Flexi or Top-Up option to your Package. You can change this default option in your Subscriber Account. A Top-Up option means that when your airtime or data is finished, you will not be able to use the Services until you top up your Package with additional airtime or data bundles. If your Package has a Flexi option, you can continue to use the Services even if your airtime or data is finished, up to a monthly limit set by us at our discretion (Monthly Spend Limit). You can reduce or increase your Monthly Spend Limit through your Subscriber Account. However, any increases will be subject to our discretion.
- If your Package has a Flexi option and you buy an airtime bundle, the airtime will first be used to replenish your used-up Monthly Spend Limit. The rest will go towards your airtime balance.
- Your Monthly Spend Limit will not apply in certain cases, for example when you are roaming internationally. You are liable for the full amount of the Services used, even when you exceed the Monthly Spend Limit.
- We charge you a standard rate for using the Services (default rate), unless you opt for a voice plan (which reduces your airtime usage rate) or a data plan (which reduces your data usage rate). The voice or data plan will last for 30 days from the date of purchase. After your data is finished, and if you have not bought a data plan or your data plan has expired, you must opt in to accept the default rate. All rates are set out in the Mobile Pricing Guide.
- You must make sure that all the details of your purchase are correct before you make a payment. Due to the consumable nature of the Services, we will not be able to refund you or reverse the transaction if you buy the wrong plan or bundle by mistake, or later decide you no longer need it. No cooling-off period (as described in section 44 of the Electronic Communications and Transactions Act 25 of 2002) will apply.
- You can use your Inclusive Value to buy once-off voice and data plans, as well as once-off airtime and data bundles.
- INTERNATIONAL ROAMING (ALSO APPLICABLE TO UCOUNT MOBILE)
- If you use our Services outside of South Africa, you will be roaming internationally.
- Depending on your Package, you can request us directly or through your Subscriber Account to activate international roaming.
- You must pay a deposit of R1 000 before we activate international roaming. We will set off the R1 000 deposit against your invoice for international roaming.
- Once you have paid the deposit, we will activate international roaming within 24 hours.
- When you use international roaming, you will be charged higher fees for the Services. These fees are based on what we are charged by Network Operators outside of South Africa, and they can be very high.
- The Network Operators outside of South Africa may only charge us some time after you have used international roaming, so we may take up to three months to charge you for international roaming.
- When you use international roaming:
- your Monthly Spend Limit will not apply. The fees we charge you may be much higher than your Monthly Spend Limit;
- you cannot use your Inclusive Airtime or any other bundle. You will be charged at the rates of the network operator outside South Africa;
- you will be charged for calls you make (outgoing calls) and calls you receive (incoming calls);
- if you divert calls to another phone number, you will be charged for the call to your number and the divert (call to the other number);
- if you divert your calls to voicemail, you will be charged for the incoming call to your voicemail and the outgoing call you make to listen to the message. If you do not listen to the message, you will still be charged for the incoming call to your voicemail;
- you will be charged for all calls you make, including calls that are normally free in South Africa;
- The estimates of the fees we may charge you for international roaming are set out in the Fee Schedule. Please note that these fees are estimates only and may change for a number of reasons, including currency fluctuations or pricing changes of the network outside South Africa. We will not be responsible if the estimates of the fees for international roaming we provide are not correct or for any fees for countries that are not set out in the Fee Schedule.
- INTERNATIONAL DIALLING (ALSO APPLICABLE TO UCOUNT MOBILE)
- You will be able to make calls to countries outside of South Africa (international dialling) as soon as your SIM has been activated.
- Calls to countries outside of South Africa are charged at higher rates. These rates are set out in our Mobile Pricing Guide.
- PORTING (ALSO APPLICABLE TO UCOUNT MOBILE)
- You can transfer your phone number from another network operator to us (Port-in) or from us to another network (Port-out).
- You can find details on Porting-in and Porting-out in the FAQs on our Website, or you can call the Contact Centre.
- When you Port-in, you will lose any unused airtime and any bundles from the network operator that you are Porting-in from. You will also lose any airtime and any bundles purchased from us that you have not used when you Port-out.
- When you Port-in, you are responsible for any charges due to the network operator that you are Porting-in from.
- When you Port-out, we will send you your final invoice and you must pay it immediately.
- If you Port-In or Port-Out, you will not be able to Port-In or Port-Out again for 60 days.
- NOTIFICATIONS
- We may inform you about special offers and promotions related to the Services. These offers will be available during the offer period, or until we will let you know otherwise. We may remove or change any offer without notice to you.
- We will try to notify you of events related to your SIM, for example if your airtime or data runs out, or related to a replacement SIM (SIM swap). We cannot be held liable for any delay in notifying you or for not notifying you at all.
- These notifications relate to the Services we provide to you. They are not marketing messages, so you cannot opt out of receiving them.
- FAQS
- We may also include important information regarding the Services in our FAQs.
- If there are any differences between the FAQs and these Terms, these Terms will apply.
- FEES
- The fees we charge you for using the Services and associated products (such as itemised billing and caller line identity (caller ID)) are set out in the Mobile Pricing Guide. All our fees include VAT.
- You will be liable for all the fees charged in connection with your SIM and the use of the Services, whether or not you personally used the Services.
- We may change our fees at any time. If we do, we will give you reasonable notice through your Subscriber Account, by posting the changes on the Website, by sending you an email or an SMS, or through another communication technology.
- PAYMENT
- We will send you a monthly invoice setting out the fees payable to us for your use of the Services. These will include fees for your Package, Airtime and any other fees. You can also access your invoices on the Website.
- If you have any queries or problems with an invoice, you must contact us within 30 days of the date of the invoice. If you don’t, we will consider the invoice to be final and correct.
- You must pay any amount due with your credit card or by debit order from your Account within 30 days. If the debit order fails, you can pay with an EFT (electronic funds transfer).
- If you do not pay an invoice in full and on time, you will be in breach of these Terms. We can suspend or cancel your use of the Services immediately and institute legal proceedings against you.
- AVAILABILITY OF SERVICES (ALSO APPLICABLE TO UCOUNT MOBILE)
- Our Services are available within the range of base stations that make up the Network.
- We can’t always guarantee that our Services will be continuous or fault-free. The Services may be affected by bad weather, physical obstructions, radio interference, the functionality of your Device, Network coverage, faults with other networks and/or the number of people trying to use the Network at the same time.
- The Network may need upgrading or maintenance, which may cause the Service to be unavailable or interrupted. Where possible, we will notify you of this in advance.
- DATA PROTECTION
- You give consent that we may collect your Personal Information from you and, where lawful and reasonable, from public sources for credit, fraud prevention and compliance purposes, as well as the purposes set out below.
- You confirm that if you give us Personal Information about or on behalf of another person, including Account signatories, shareholders, principal executive officers, trustees and beneficiaries, you are authorised to: (a) give us their Personal Information; (b) consent on their behalf to the Processing of their Personal Information, specifically any cross-border transfer of Personal Information to and from the country where the products or services are provided; and (c) receive any privacy notices on their behalf.
- You consent to us Processing your Personal Information:
- so that we may provide products and services to you in terms of these Terms and provide any other products and services for which you may apply.
- so that we may carry out statistical and other analyses to identify potential markets and trends, evaluate and improve our business (this includes improving existing products and services and developing new products and services).
- in countries outside of the country where the products or services are provided. (These countries may not have the same data protection laws as the country where the products or services are provided. Where we can, we will ask the receiving party to agree to our privacy policies.)
- by sharing your Personal Information with our third-party service providers and insurers, locally and outside of the country where the products or services are provided. We ask people who provide services to us to agree to our privacy policies if they need access to any Personal Information to carry out their services.
- within the Group.
- You will find our Processing practices in the Group’s and our privacy statements. These statements are available on the Group’s websites or on request.
- If you are unsure about your tax or legal position because your Personal Information is Processed in countries other than where you live, you should get independent advice.
- SANCTIONS (ALSO APPLICABLE TO UCOUNT MOBILE)
- You must not:
- use the SIM or the Services to assist or benefit any Sanctioned Entity;
- make the SIM available to any person who may use or intends to use it to assist or benefit a Sanctioned Entity;
- be involved in any Prohibited Activities; or
- use any product or service provided by the Standard Bank Group for any Prohibited Activities.
- You warrant (promise) that you are not and if you are a company, none of your Affiliates are:
- a Sanctioned Entity; or
- being investigated for any activities relating to Sanctions.
- Should you or anyone associated with you be investigated for any activities relating to Sanctions, you must let us know about this immediately and in writing.
- If we know or suspect that you are in breach of this clause 15 or that you are about to become subject to Sanctions, we can immediately, at our sole discretion:
- cancel or suspend access to the SIM, the Services and any other product or service we provide to you; and/or
- cancel these Terms and/or any other relationship we have with you.
- We are not responsible to you for any Losses you suffer if we cancel these Terms or any other relationship we have with you.
- You must not:
- INTELLECTUAL PROPERTY
Nothing in these Terms is a licence for you to use or a transfer to you of any intellectual property belonging to Standard Bank, including copyright or trademarks relating to the name “Standard Bank Mobile”, the Services, the SIM and the software in the SIM.
- YOUR RESPONSIBILITY FOR OUR LOSS OR DAMAGES
- You will be held liable for (and you must pay for) any loss or damages that we may suffer because:
- you breached any of these Terms;
- you gave us wrong instructions or information; or
- someone used your SIM without your permission.
- We may rely on third-party service providers to provide the Service. To the extent that this is allowed by Applicable Law, you will not hold us or any of our third-party service providers liable for any loss or damage that you suffer because of our actions, or the actions of the third-party service providers.
- We cannot be held liable for any failure, default or delay in providing the Services if it is caused by an event beyond our control.
- If we institute legal proceedings against you because you breach these Terms, you will have to pay for our costs, including tracing agent fees and legal fees on an attorney-and-own-client scale.
- You will be held liable for (and you must pay for) any loss or damages that we may suffer because:
- CANCELLATION
- We can cancel these Terms immediately if:
- you breach these Terms;
- we believe or suspect you are using the Services fraudulently or unlawfully (illegally); or
- you damage the Network or put the Network at risk;
- you do not use the SIM for three months; or
- we must do so for legal reasons or to comply with our internal policies.
- If these Terms are cancelled, you will not be able to access the Services and any unused Airtime and bundles purchased from us will be lost.
- If these Terms are cancelled, we will send you a final invoice setting out all fees you owe us. You agree that this final invoice will be proof of the amount you owe us and that it will be binding on you for the purposes of getting a judgment against you in a court.
- Where we believe or suspect that you are involved in any Prohibited Activity, we may also blacklist you on our database, refuse to accept or process payment on any order and/or cancel any order, on notice to you. We are not responsible for any liability as a result of this blacklisting and/or refusal to process any order.
- You can choose to stop using the Services at any time.
- We can cancel these Terms immediately if:
- LIMIT TO OUR RESPONSIBILITY TO YOU
- Your use of the Services depends on factors beyond our control, such as the Network coverage. To the extent allowed by law, we are not responsible for any direct or indirect loss or damages you may suffer if you cannot use the Services because of factors beyond our control.
- To the extent allowed by law, we are not responsible for any direct or indirect loss or damages related to your use of the Services, for any reason, even if we were told that loss or damage was possible.
- CHANGES TO THESE TERMS
- We reserve the right to change these Terms. We will let you know about such changes through your Subscriber Account, by posting the changes on the Website, by sending you an email or an SMS, or through another communication technology.
- The latest version of these Terms applies to you each time you use the Services. By continuing to use the Services, you agree to these updated Terms.
- You may not change any of these Terms.
- WHERE LEGAL DOCUMENTS AND NOTICES WILL BE SENT
- You choose the street address you gave us when you entered into these Terms as the address where any legal documents or notices may be served or delivered to you (your domicilium citandi et executandi).
- We can send other written communication or notices to the street, postal or email address that we have on record for you.
- GENERAL TERMS
- The singular includes the plural and the plural includes the singular. Unless we say otherwise, a reference to:
- a person includes a natural or a legal person (or entity).
- any gender includes all genders.
- a reference to a clause means a clause of these Terms.
- a reference to you or us includes your and our employees, agents or authorised representatives.
- the word including is not a word of limitation.
- South African law governs these Terms.
- Headings in these Terms are for information only and must not be used to interpret the Terms.
- If a word is defined, its other grammatical forms have a corresponding meaning.
- No extra time or other indulgence we may allow you will affect any of our rights, whether the indulgence is express or implied. We do not waive (give up) any of our rights.
- If any clause in these Terms is invalid or illegal or cannot be enforced, the other clauses will still be valid.
- You cannot transfer your SIM to anyone else without our consent. Under these Terms, you cannot transfer or assign your rights or obligations. We can transfer or assign our rights and obligations.
- The singular includes the plural and the plural includes the singular. Unless we say otherwise, a reference to:
- COMPLAINTS AND QUERY RESOLUTION
- You can contact us through our Customer Services department:
- by calling 080 121 2577 (at normal charges) or 135 (free of charge if you have a Standard Bank SIM card).
- by email at support@mobile.standardbank.co.za
- Customer Services’ operating hours are Monday to Friday, 9am to 5:30pm (it is closed on Saturdays, Sundays and public holidays).
- If you have a problem and we do not solve it, or if you are not happy with the way in which it was solved, you can contact:
- the National Consumer Commission by telephone on 012 428 7000 or 012 428 7726 or by email on complaints@thencc.org.za
- ICASA through the ICASA website at www.icasa.org.za, by email at consumer@icasa.org.za or by fax on 011 566 3444.
- the Ombudsman for Banking Services through the website at www.obssa.co.za, by telephone at 0860 800 900 or 011 838 0035, by fax at 011 838 0043 or by email at info@obssa.co.za.
- You can contact us through our Customer Services department: