1. Entering into the Agreement
   1. You agreed to let us provide you with the Services, on certain terms and conditions. This document records the additional terms and conditions of the supply of the Services to you.
   2. The terms and conditions agreed during the above mentioned telephone conversation and the terms and conditions recorded in this document constitute the entire agreement, between us and you, regarding the provision of the Services to you.
   3. We have defined some of the words which have particular meanings in clause 13 of the Agreement.
   4. If there are any words or terms and conditions which you have difficulty understanding, please contact our customer service department at support@yellodata.co.za / 0861 000 550 and we will contact and assist you.
2. Duration and Termination
   1. We will provide you with the Services from the conclusion of the Agreement, until such time as the Agreement is terminated by you (or us).
   2. Either you or we may, for any reason, terminate the Agreement by giving each written notice. Any notice by you to terminate the Agreement must be support@yellodata.co.za / 0861 000 550.
3. The Services
   1. These terms and conditions, together with the general terms govern the use of all of the YelloData Mobile Data services.
   2. By contracting with YelloData for the services the client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
   3. It is the customer's responsibility to ensure that they are an active post-paid or top-up MTN customer in order to use the YelloData services.
   4. You will have access to the Services, subject to payment by you of the monthly subscription referred to in clause 4.
   5. Delivery of Mobile bandwidth is dependent on signal availability and demand for data services in any particular area. YelloData does not warrant or guarantee service for any specific areas, whilst every effort will be made to give clients an indication of possible service (via the MTN Coverage Map). YelloData accepts no liability should the aforementioned map differ to actual data service experienced.
   6. It is the customer's responsibility to be aware at all times of which APN they are consuming their date through. YelloData will not be liable for any data costs consumed or generated by the customer on their primary account through their default APN with MTN.
   7. Please note that the rollover of unused bandwidth is not offered. Bandwidth not utilised during the relevant period is not carried over and is lost. Should a subscriber reach their assigned limit, data will then be re-allocated on the 1st of the next month.
   8. If the client exhausts the purchased bandwidth and/or reaches their credit limit, the client will be hard-capped. This means that no further access will be provided thereafter for the remainder of the month. Additional once-off bundles are available for purchase. As per clause 3.7 bundles are refreshed on the 1st of the month.
   9. The Services are provided through our affiliate, iOnline. When accessing the Services you will also be subject to the network terms and conditions of iOnline and its upstream mobile network operators.
   10. As the Services are provided by another party we cannot and do not guarantee that the Services will always be fault-free. The Services can be affected by factors outside of our control. You will have access to the Services, subject to payment by you of the monthly subscription referred to in clause 4.
   11. The Services can only be accessed through a MTN post-paid or top-up sim card.
4. Payment for the Services
   1. You have agreed to pay a monthly subscription fee for the Services, which amount is inclusive of VAT.
   2. You have authorised us to collect payment for the Services by way of a monthly debit order on a date nominated by you. In the event that a monthly debit order fails, for any reason, we shall be entitled to debit your account on any other date for that month's subscription.
   3. You cannot cancel your monthly debit order without our prior written consent.
   4. If the date of your debit order falls on a Sunday or public holiday, you agree that your debit order will go off on the last Business Day before the Sunday or public holiday.
   5. Should you generate out of bundle usage, a per megabyte rate of 0.79c will be charged for.
   6. Your debit order date will be aligned with your salary date to account for seasonal or economic changes.
5. Changes in price
   1. We reserve the right to increase the YelloData charges with 30 days notice, provided that such an increase is reasonable.
6. Failure to pay for the Services

If you do not pay for the Services in full and on time, via the debit order, you will be in breach of the Agreement and we may cease providing you with the Services, and can implement the provisions of clause 10.

7. Vouchers
   1. This clause 7 shall apply to all voucher holders.
   2. A voucher will offer you full access to the YelloData service for the period specified on your voucher only. If no period is specified on the voucher you can call us on 0861 000 550 or email us at support@yellodata.co.za and we will supply you with the access period applied to your voucher code.
   3. The Vouchers may only be redeemed at www.yellodata.co.za.
   4. A Voucher is valid for only 36 months from the date that the Voucher is created and a Voucher cannot be redeemed once the 36 month period has elapsed.
   5. Expired Vouchers will not be refunded or replaced.
   6. Only 1 Voucher may be used at any one time.
   7. Vouchers cannot be exchanged for money and are non-refundable.
8. Complaints

We have a complaints department which is used to resolve disputes when they first arise. If you have a complaint, please contact the customer service department at support@yellodata.co.za

9. Information and disclosure
   1. In entering into the Agreement with you and providing the Services to you, we will come into possession of information pertaining to you. Insofar as it is permissible in law, and save for your banking details, we will hold that information as our own and will be entitled to disclose it to such third parties as we deem appropriate.
   2. You warrant and guarantee that all information supplied to us is true and correct.
   3. Should your address, or any other information which you have given to us, change you must inform us of the change immediately in writing to support@yellodata.co.za / 0861 000 550
10. Indemnity and waiver
    1. You indemnify us, our employees and agents against any loss or damage which any person (including ourselves) may suffer arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services.
    2. To the extent permitted by law, we exclude and you waive all liability against us, our employees and agents, for any direct, indirect or consequential loss, costs, expenses or damage incurred by you or anyone else, whether in common law, in terms of statute or otherwise arising directly or indirectly from the Agreement, the accessing of the Website and the provision of the Services, save for instances of gross negligence on our part.
11. Breach
    1. In the event that you breach the Agreement we have the right to:
       1. Enforce the Agreement; or
       2. Terminate the Agreement.
12. Lost, Stolen or Destroyed Products

If your Device and/or SIM is lost, stolen or destroyed, you must immediately report this to the police and ask us to blacklist the Device and/or block the SIM. You are liable for all costs incurred until we blacklist the Device and/or block the SIM. If you request a replacement SIM, you may have to pay a replacement fee. This Agreement does not come to an end if your SIM Card or Device is lost, stolen or destroyed and you agree that you are liable to continue paying the Monthly Subscription in terms of this Agreement.

13. In-Bundle Data, Out-of-Bundle Data and Bill Limit

In exchange for payment of your Monthly Subscription, the Package you have chosen will provide to you a pre-determined amount of In-Bundle Data. Your In-Bundle Data expires on the 1st of every month in which In-Bundle Data is allocated to you each month. When you have used your In-Bundle Data, you can continue to enjoy our Services by using your Bill Limit. We do not guarantee that your invoice amount will be less or equal to your Bill Limit. If you exceed your Bill Limit, you are liable for the full amount of the invoice. You agree and accept that we cannot guarantee to implement the Monthly Usage Limit and you remain responsible to pay for all usage on your SIM Card including any usage over and above your Monthly Usage Limit. Notwithstanding this, we reserve the right to stop further use of our Services and/or Products if you reach or exceed your maximum Monthly Usage Limit.

14. Charges

We charge you for your use of the Service and Products once your SIM is activated on the Network. Our charges may include a connection fee, chargeable items agreed to at the time you conclude your purchase, a Monthly Subscription, a TAB and any additional usage, including international roaming ("Charges”). We charge you for data and content at our then current rates. Our rates are available on our website or from Customer Service. We may change and update our rates from time to time. We may change the Charges at any time with notice to you, but the change will, during the Contract Period, be limited to 25% in the case of a change constituting an increase.

15. Payment of Charges

Charges for your In-Bundle Data are payable monthly in advance. Out-of-Bundle Data usage which will be billed for and paid in arrears. The use by you of the Bill Limit (if applicable) must be paid monthly in arrears. We will send to you a monthly invoice detailing, amongst other pertinent items, your Monthly Subscription amount, the amount payable by you by reason of your use of your credit facility (if applicable). You must pay all taxes, including VAT, associated with the Services and Device which we provide to you. The invoice is payable immediately and you agree to pay for all charges on your invoice on time. If you have any query or dispute regarding a charge, you must immediately contact Customer Service. You have 30 calendar days from the date of our invoice to query any amount or detail on that invoice. If you do not raise the query within 30 calendar days then it is assumed you accept the invoice as correct. You agree that our invoice to you is prima facie proof of what you owe us. 

16. Payment by debit orders

You must pay the full amount owing to us by debit order. If we agree that you do not have to pay by debit order, we will charge an administration fee on payments received through another manner of payment. You agree that: if the date of your debit order falls on a weekend or public holiday, debit order will go off on the last business day before the weekend or public holiday; and if your debit order fails or is rejected, we may change the date of your debit order or resubmit the debit order on another date without notifying you of this and you will pay for any fees charged by your bank in this regard. We may request that a debit order goes off your account earlier than on the date selected. We will notify you of this in advance and if you do not want us to do this, you must tell us. You cannot cancel your monthly debit order without our prior written consent.

17. NAEDO Clause

You understand that NAEDO is a National Credit Act initiative and you have read, understood and completed the applicable terms and conditions. You authorise us to deduct from the specified account via the banks NAEDO debit order system the monthly instalment amount or other amount if specified for the chosen course.

18. Failure to pay

If you do not pay to us all Charges in full and on time, you are in breach of this Agreement and we may: suspend or stop you using some or all of our Services until the Charges are paid in full. If you do not make payment within 20 Business Days’ notice of us notifying you of your breach; inform any credit bureau of your payment default; and/or hand-over your account to external debt collection agencies or attorneys for collection. You will be responsible for all of debt collectors and/or attorneys’ charges, tracing fees and legal fees.

19. General
    1. Notwithstanding anything to the contrary, a written notice actually received by you will be adequate written notice.
    2. You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.
    3. If you are under the age of 18 years you warrant that you have the assistance of a parent or guardian in entering into the Agreement.
    4. If any term or condition is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.
    5. If the Agreement arose through direct marketing you may terminate the Agreement, in writing, within 5 Business Days' after the date on which the Agreement was concluded.
20. Definitions
    1. "the Agreement" means the terms and conditions agreed to by you and us during the course of a telephone conversation between you and us (or our direct marketing agents) and the terms and conditions recorded in this document;
    2. "Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
    3. "the Services" means the provision by our business partner, iOnline, of data bandwidth on the MTN network
    4. "we", "us" and "our" means YelloData, its affiliates, subsidiaries or its successors-in-title;
    5. "Website" means www.yellodata.co.za; and
    6. "you" and/or "your" means you the customer who applies for and receives the Services.

IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you or which may limit our liability or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into the Agreement you, in addition to accepting all the terms of the Agreement, also specifically signify that you understand the bold clauses and accept them.