Cell C Elevate Terms and Conditions

Last Update: June 2023

1. It is important that you understand and agree to these Terms and Conditions before you purchase the
available Elevate plans.
2. IN THE EVENT THAT YOU DO NOT UNDERSTAND ANY OF TERMS AND CONDITIONS, PLEASE GET
IN TOUCH WITH US AND WE WILL EXPLAIN THEM TO YOU. IF YOU DO NOT UNDERSTAND OR
AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE PARTICIPATING IN THIS
OFFER. YOUR CONTINUED PARTICIPATION IN THE OFFER WILL CONSTITUTE YOUR AGREEMENT
TO BE BOUND BY AND COMPLY WITH THESE AND APPLICABLE TERMS AND CONDITIONS.
3. All standard Terms and Conditions of Cell C Limited and Cell C Service Provider Company Proprietary
Limited (together, “Cell C”) apply, which Terms and Conditions can be found at;
https://www.cellc.co.za/cellc/terms-conditions
4. All prices and usage rates advertised are inclusive of VAT, unless otherwise stated.
5. Standard RICA rules and processes apply. These shall be found at https://www.cellc.co.za/cellc/static-
content/PDF/RICA.pdf.

6. The Elevate plans are available on Postpaid, TopUp and Month-to-Month for new and existing customers.

7. The Price-plans comprise of Anytime Data, Anytime Social and Anytime local minutes.

8. Customers signing up for the Elevate plans (new and existing) must meet the credit vetting rules as
determined by Cell C.

9. Existing Postpaid and TopUp customers that are due for an upgrade shall be allowed to upgrade to the
Elevate plans.

10. A once-off SIM and Connection Fee of R199 will be charged for new activations.
11. SIM only Elevate deals are available on Month-to-Month, 6-, 12-, 18- and 24-month contract terms.

12. Elevate plans comprising of both a handset and SIM card are available on 24- and 36-month contract only.

13. Customers are allowed to create their own deals by selecting their preferred plan, handset, and contract
term. Please note that if you choose a deal (i.e., SIM card and device), you must take a 24- or 36-month
contract and you will not be allowed to choose a different contract term.

14. The total monthly subscription of a customised deal will depend on the plan and handset chosen by the
customer.

15. The Elevate plans will be available through all Cell C sales channels. Visit https://www.cellc.co.za/cellc/store-
locator to locate your nearest Cell C store.

16. The first month's inclusive benefits (minutes/SMS/data) and monthly subscription fee will be pro-rated
depending on the date of activation of the package; thereafter the inclusive benefits will be loaded monthly,
in full on the 1st of every calendar month and the standard/full monthly subscription fee will be charged.

17. The inclusive Anytime data can be used for Internet access at anytime of the day.

18. The inclusive Social data can be used for the following Internet based services at any time of day:

a. WhatsApp;

b. Instagram;

c. Facebook;

d. Twitter; and

e. TikTok.

19. Notwithstanding section 18 above, the inclusive Social data shall not apply to any VoIP calls including, but
not limited to, WhatsApp calling.
20. The inclusive minutes can be used for calls, including Wi-Fi Calling, to any local network in South Africa but
cannot be used for International Calling, Roaming and premium rated or special number calls.

a. Calls to 0800 numbers are free and will not be charged for or deplete from inclusive minutes.

b. Calls to 086X numbers are not depleted from inclusive minutes and will be billed for as usage
charges.

c. Cell C will not be liable for charges incurred where the subscriber dials non-qualifying numbers.

21. Any Unlimited minute allocation on the Elevate plans shall be subject to the following fair usage provisions:

a. The customer may consume a maximum of 5 hours (or 300 minutes) per calendar day.

b. Any minute of use over and above the maximum of 300 minutes on any given calendar day shall be
charged i) against any other applicable minutes allocated to the customer, or ii) out-of-bundle.

22. Data charges related to out-of-bundle usage will apply by default. Customers can use the out-of-bundle
Spend Control features in the Cell C app and / or portal (https://www.cellc.co.za) and / or the *147# USSD
menu to manage their out-of-bundle charges.

23. There is a 1-month carryover of any unused inclusive voice minutes and anytime data.

24. The billing increment will be:

a. per second billing from the 1st second for a voice calls; and

b. 25KB for data usage.

25. The existing International Calling and Roaming rates will apply. International Calling and Roaming will be
charged as out-of-bundle usage and added to the customer's monthly invoice.

26. International SMS/MMS, Premium Rated SMS/MMS, Value-Added Services and subscription services or
bundle purchases will be charged as out-of-bundle usage or additional purchase and will be added to the
customer's monthly invoice or deducted from available airtime for TopUp.

27. Data consumption while roaming internationally will not deplete from the inclusive value or any bundles
purchased. Data roaming rates will apply and will be charged as out-of-bundle usage.

28. Where the customer has fully depleted the inclusive value before end of the month, the following out-of-
bundle rates will apply:

Out-of-Bundle Data R0.40 per MB

Out-of-Bundle Voice R0.99 per min
SMS R0.50 per SMS
MMS R0.50 per MMS
International SMS R1.50 per SMS
International MMS R1.50 per MMS
29. All out-of-bundle usage charges for Postpaid customers will be added to the customer's monthly invoice.

a. These charges will be added to the customer’s bill subject to i) the customer having available spend
limit; and ii) the customers self-selected Spend Control settings.

30. All out of bundle usage charges for TopUp customers will be charged to available airtime (customers must
have sufficient airtime in their airtime wallet to make use of such services).

31. Value Added Services activated at point of sale or added to the customer’s bill at any point in time thereafter
via Cell C self-service channels and / or via Cell C Customer Care will be included in the customer's monthly
invoice as per customer's request.

32. Upward and downward migrations within the Cell C Elevate price plans are allowed, subject to the following
provisions:

a. The remaining device commitment fee will be carried over upon migration;

b. The monthly device fee portion of the total monthly subscription fee will be carried over to the new
plan upon migration, and added to the applicable plan monthly subscription fee; and

c. Existing inclusive benefits on the old plan will be forfeited upon migration.
33. Cancellation of your contract is subject to standard Cell C cancellation terms and conditions which can be
found at https://www.cellc.co.za/terms-and-conditions, under individual or corporate subscriber terms and
conditions. Cancellation fees and penalties will include all remaining device costs and any applicable
cancellation fees. Visit the nearest Cell C store for more information on contract cancellation.

Elevate Bolt-On Bundles

34. The Elevate Bolt-On Bundles will be available to customers on the Elevate plans from the date upon which
the Elevate plans becomes available.

35. Customers on the Elevate plans will have access to the following Data Bolt-On Bundles.

Anytime Data Anytime Social Data Price (incl. VAT)

500 MB 500MB R49
1 GB 1GB R85
2 GB 2GB R149
5 GB 5GB R249
10 GB 10GB R469

36. Customers on the Elevate plans will have access to the following Voice Bolt-On Bundles.

Anynet Minutes Price (incl. VAT)

100 min R49
200 min R85
500 min R149
1000 min R249

37. Customers on the Elevate plans will have access to the following SMS Bolt-On Bundles.

SMS Price (incl. VAT)

50 SMS R5
100 SMS R10
500 SMS R40
1000 SMS R80

38. The Bolt-On Bundles are valid for 30 days from the day upon which they are activated.

39. Standard Cell C Terms and Conditions for Transfer and Rollover apply in the context of the Elevate Bolt-On
Bundles, which terms and conditions can be found at https://www.cellc.co.za/cellc/terms-conditions. Elevate
Bolt-On Bundle data transfer shall only be permitted to other active customers on a Cell C Elevate plan.

40. The Anytime data allocated as part of any applicable Bolt-On Bundle can be used for Internet access at any
time of the day.

41. The Social data allocated as part of any applicable Bolt-On Bundle can only be used for usage on the
following services at any time of the day:

a. WhatsApp

b. Instagram

c. Facebook

d. Twitter

e. TikTok

42. The Social data allocated as part of any applicable Bolt-On Bundle may not be used for voice-over-IP (VoIP)
services including, but not limited to, WhatsApp Voice Calling and WhatsApp Video Calling.

43. The Any-Net minutes allocated as part of any applicable Bolt-On Bundle can be used for voice calling to any
local network at any time of day.
Use of your Personal Information and Direct Marketing

44. You warrant and guarantee that all personal information supplied by you to Cell C in the application for the
Elevate plan is true and correct.

45. By accepting these Terms and Conditions, you understand and acknowledge that Cell C, their affiliate
companies, their service providers, suppliers and partners (“Group”) are required to comply with the
provisions of the Protection of Personal Information Act of 2013 (“POPIA”) to, amongst other things, ensure
the privacy and confidentiality of your Personal Information (as such term is defined in the POPIA).

46. For purposes of this, you confirm, agree, understand, acknowledge that by accepting these Terms and
Conditions, –

a. You disclose and provide your Personal Information to the Group voluntarily and consent and
authorise the Group to collect, use, process, share and/or transfer your Personal Information in
accordance with Cell C’s Privacy Policy accessible by you on Cell C’s website
(https://www.cellc.co.za) (“Privacy Policy”);
b. you agree to immediately inform the Group in writing if there is any change of whatsoever nature in
any of your personal information, including your physical address, previously supplied to the Group;
and
c. you agree and consent to be bound by the terms and conditions of the Privacy Policy, which you
have read, understood and agreed to as part of your application for the Elevate Plan.
47. In order to fulfil the obligations set out in these Terms and Conditions, Cell C will process your personal
information. Such processing may include sharing personal information with:

a. the Group, FNOs and/or Electronic Communications Service Providers, but only to the extent
necessary and in order to provide Cell C Elevate plan services and devices to you;
b. either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order
to ascertain information relating to your creditworthiness (before Cell C accepts your application for
the Elevate plan) and for fraud prevention purposes, to improve the accuracy of contact details and
in order to process any payment transactions necessary for and relative to these Terms and
Conditions;
c. attorneys and/or debt collection agencies if you breach these Terms and Conditions.
48. As and when necessary, you agree and consent to be contacted by Cell C in respect of their direct marketing
campaigns in relation to similar and/or related products and/or services, which contacts will be in accordance
with the terms and conditions of the direct marketing provisions of the Consumer Protection Act, 68 of 2008
(“CPA”) as amended and the CPA regulations and POPIA, including the provisions relating to the direct
marketing registry.

49. You can ask Cell C to stop marketing to you (opt-out) at any time. You may register a block on marketing
from the Group.

50. You are entitled to withdraw your consent for using your personal information under clauses 46 and 48
above on written notice or notice in any other recorded form to Cell C. In the event you decide to withdraw
your consent the Group will not be able to use your information for the purposes listed under clauses 46 and
48 to the extent that you withdraw your consent from the date your withdrawal notice is received.

General

51. If a customer does not comply with these terms and conditions and/or the processes applicable, Cell C
reserves the right to refuse the customer from taking up the Elevate offer.

52. Cell C reserves the right to suspend the Elevate plans in its sole and absolute discretion, including when any
fraudulent activity is suspected, and if the outcome of an investigation proves that fraudulent activity did
occur, Cell C shall be entitled to terminate.

53. Cell C has the right to withdraw or shorten the duration of the Elevate plans and / or the accompanying
Bundle Promotion in its sole and absolute discretion and will notify customers if it chooses to do so.
Customers will not have a claim against Cell C in this event.

54. Cell C may amend, modify and/or otherwise change these terms and conditions in its sole and absolute
discretion from time to time and the amended version will be posted at https://www.cellc.co.za/terms-and-
conditions or may be displayed in any other media as may be communicated to you.
55. Cell C will notify you before it amends or otherwise changes the terms and conditions. By continuing to use
the Tariff Plan, you agree and understand that you will be bound by these terms and conditions as amended
from time to time. Please note however that it is your responsibility to review these terms and conditions
regularly. Any changes to the terms and conditions are effective from the date that they are published on the
abovementioned website or elsewhere in any media.

56. All Premium rated voice calls, SMSs, MMSs, and Internet usage will be charged for at the applicable rate.

57. The Elevate plans and any benefits can only be used for private and personal use and cannot be used for
commercial purposes or any form of on-seller usage where the customer uses this product and charges for
the Service. The customer agrees that the benefits shall not be resold and/or used for purposes of least cost
routing, SIM boxes, international bypass, payphones, WASP services and/or call centres. Failure to adhere
to this condition shall be a breach of these product terms and conditions and Cell C shall have the right to
immediately suspend the customer and all benefits.

58. Cell C and any of its agents, directors, affiliates, members, or employees (each an “Indemnified
Person”) shall not be responsible in any way for claims, loss, or damages (either direct, indirect,
consequential, or otherwise), arising from customers’ use of the product. Additionally, no
Indemnified Person shall be liable to you or any third party, in any manner whatsoever, and you
indemnify each Indemnified Person accordingly, for –

a. any damage, loss liability, costs, or expense whether direct, indirect or of a consequential
nature that resulted from a breach of these terms and conditions by you or arising out of or
in connection with the failure or delay in the performance of the product or your use of the
product, other than in respect of losses caused by the gross negligence or intentional
misconduct of an Indemnified Person; and

b. any breach of these terms and conditions or failure to perform any obligations as a result of
technical problems relating to the Cell C network, termination of any license to operate or
use the Cell C network, act of God, government control, restrictions or prohibitions or other
government act or omission, whether local or national, act of default of any supplier or
service provider, agent or sub-contractor, industrial disputes, or any other cause beyond
Cell C’s reasonable control.