Terms and Conditions for Smartphones or Tablets supplied by FNB

These terms and conditions, together with the qualifying FNB Cheque Account Terms and Conditions, the FNB General Terms and Conditions, and the Remote Banking Agreement apply to you when acquiring a Smartphone, Tablet, Laptop(hereinafter referred to as “device”) through FNB.

Purchase and ownership of the device?

To acquire a device from FNB you must meet all of the following conditions:

  • You must have an FNB Cheque Account with the mobile device pricing option.
  • You must pay your salary into this FNB Cheque Account and meet the minimum income requirements for the account each month.
  • If switching to an FNB qualifying cheque account, your salary and debit orders must be switched through FNB. If you select to switch your salary and debit orders on your own,FNB will release the device Three Months after salary and debit orders have gone through the qualifying cheque account. Failure to switch your salary and debit orders will result in you being disqualified to acquire a device through FNB at a reduced rate.
  • Your credit report/record must be in good standing.
  • You must switch your Debit Orders to this FNB Cheque Account.
  • You must register for FNB Online Banking, email statements & the FNB Banking App.
  • Only the specified devices will be available. FNB only allows one device per customer.
  • You will become the owner of the device once you have paid all amounts due in term of the voice logged contract, online contract, or contract signed at dot FNB(as may be applicable),and have met all the terms and conditions as stipulated below.

*Your FNB accounts must also be in good standing means that:

  • Your accounts should not be overdrawn or in arrears
  • You should not be under sequestration, nor should you have a pending sequestration,application,
  • FNB or any of its subsidiaries should not have any legal action against you.

Your voice logged or FNB Online contract

In addition to the terms and conditions set out herein , your voice logged contract, your FNB Online contract, or the contract signed at dot FNB, (as may be applicable) with FNB will also apply. This contract sets out the agreement in terms of which you purchase the device, the price payable as well as under which circumstances you will become liable to pay FNB the full retail value of the device.

Early Termination of Contract

Should you wish to cancel the contract prior to expiry of the 24 month contract, you will become liable to pay FNB an early cancellation penalty, which will be calculated taking the following into account:

  • the amount you are still liable for, to FNB up to the date of cancellation;
  • the value of the transaction up to cancellation;
  • the value of the goods which will remain in your possession after cancellation (if applicable);
  • the value of the goods that are returned to FNB (if applicable);
  • the duration of the consumer agreement as initially agreed;
  • losses suffered by or benefits accrued to you as a result of you entering into the agreement(discounted price of device may be taken into account);
  • the nature of the goods or services;
  • the length of notice of cancellation provided by you;
  • the reasonable potential for FNB,acting diligently, to find an alternative consumer; and
  • the general practice of the relevant industry.

In addition to the above, FNB reserves the right to charge for:

  • the necessary restoration costs to render the device fit for re-stocking, and/or resale
  • Use of the goods during the time in the consumers’ possession.
  • Delivery and collections costs.

Additional telecommunication services required to use the device are for your own account

To be able to use the device you will need certain telecommunication services. This includes a SIM Card from a Mobile Network Operator (MNO). FNB does not provide telecommunication services and they are not included with the device. You must arrange for the necessary telecommunication services yourself and pay for them separately.

Faults must be reported to the manufacturer by calling the specified national call centres

If your device is faulty while it is still under the manufacturer’s warranty, you must call the national support centre of the relevant manufacturer to arrange for the manufacturer to assess your device. If the fault relates to a manufactures fault, repairs to the device will be covered under the manufacturers warranty. The manufacturer’s warranty is only valid for a period of one year from date of activation of your device. If the fault is found to be caused by user negligence(water damage, being dropped, misused etc), this will be communicated to you, and the cost of repairs will be for your account.

How and when you must pay for the device

Every month over a 24 month period, FNB will automatically deduct the agreed monthly fee from your FNB Cheque Account. The payment for the device will appear on your monthly FNB Cheque Account statement or on a separate statement. You can contact FNB on 0860 102 970 if you require information about the outstanding balance you owe for your device.

Legal Responsibility

You will become legally responsible to pay FNB the full retail value of the device in one payment if any of the following happens:

  • If you pay for the device before the end of the 24 month payment period (early settlement).
  • If your FNB Cheque Account is closed for any reason before the 24 month payment period has ended.
  • If FNB cannot deduct your monthly payment for any reason.
  • If your credit report/record is not in good standing.*
  • If you do not switch your Debit Orders to this FNB Cheque Account.
  • If you do not register for FNB Online Banking, email statements and FNB Banking App.
  • If you do not pay your salary into this FNB Cheque Account and meet the minimum income requirements for the account each month.
  • If you change your account type to an account that does not qualify for the device (you must have an FNB Cheque Account with the Mobile Device pricing option).
  • If you breach any of your other agreements with FNB.

*Your FNB accounts must also be in good standing means that:

  • Your accounts should not be overdrawn or in arrears,
  • You should not be under sequestration, nor should you have a pending sequestration application,
  • FNB or any of its subsidiaries should not have any legal action against you.

If any of the above happens, FNB will block the device and cancel your agreement in writing.
You will have to pay the full retail value of the device which will be calculated as follows:
The normal retail selling price of the device at the time you purchased the device from FNB less the total amount paid by you for the device until the date of breach. If you do not pay FNB the full retail value of the device when required, legal action will be taken to recover what you owe to FNB. FNB reserves the right to charge you default administration charges, legal and collection costs. Interest will then become applicable at a rate of 2% per month.

Breach

Should you breach any of FNB’s terms and conditions, including failing to pay any amount owing to FNB on due date, then without limiting FNB’s rights, FNB may on notice to you cancel this contract, and/or demand that you perform all your obligations under the relevant contract(voice logged, online or signed at dot FNB) FNB will charge you default administration charges. Default administration charges will be equal to the amount payable for a registered letter of demand in undefended actions under the Magistrates Court Act 1944. FNB will also charge you any reasonable and necessary expenses FNB incurs to deliver the letter to you. Default administration charges are payable for each letter FNB sends you under part C of Chapter 6 of the National Credit Act (“NCA”).
FNB will also charge you collection costs. Collection costs may not exceed the amount it costs FNB to collect the debt to the extent limited by Part C of Chapter 6 of the NCA or under the following laws:

  • The Magistrates’ Courts Act 1944.
  • The Attorneys’ Act 1979.
  • The Debt Collectors’ Act 1998.

Early Settlement

If you decide to or have to pay for the device before the end of the 24 month period (early settlement) you will become responsible to pay FNB the full retail selling price of the device.

Lost/stolen and damaged devices

If your device is lost or stolen you must immediately report this to your Mobile Network Operator (MNO) so that your MNO can list the device on its blacklist according to the policy of the MNO at the time. You must also report the matter to the police. You will remain responsible to pay FNB for the device even if it is lost, stolen or if it is damaged.
For this reason we recommend that you insure the device against loss or damage. The risk of loss or damage to the device passes onto you upon delivery of the Device to you from FNB. Your device may be pre-loaded with the FNB Banking App. You must read the Remote Banking Agreement, which is available on www.fnb.co.za, carefully and follow the safety tips and precautions recommended by FNB from time to time to prevent unauthorised persons from accessing your electronic banking profile using the device.
If your device is lost or stolen, or if you think that your access codes may have been stolen or become known to anybody else, you must also immediately notify us so that we can block your electronic banking access until your access codes have been changed.

Limitations of Liability

FNB will not be liable to you or any other person for any loss or damage suffered(whether direct or indirect) if:

  • FNB for any reason whatever does not supply and/or deliver any device, either on the required date, or at all, and/or
  • The Network Services are interrupted, suspended or cancelled, for whatever reason, having the effect of limited use of the device, and/or
  • The loss or damage was caused by any negligent act or failure to act by FNB, its employees or its agents.

Dispute Resolution

Should a dipute arise between you and FNB, you may refer a complaint in writing to smartphonequeries@fnb.co.za smartphonequeries@fnb.co.za, or call 0860 102 970. We will address a response to you writing. Should you not be satisfied with the response, you may then refer a complaint to the Ombudsman for banking at 0860 800 900.

General

FNB may change the terms and conditions for the Smart Devices as a result of changes in legislation, changes to the agreements with our suppliers, and/or changes to FNB’s business rules. Should these changes have a material effect on your agreement, these changes will be communicated to you in writing.

FNB Device Insurance

ALL RISK Terms and Conditions

For this section:

1.Where the words you/your/yours/yourself are used this includes members of your family normally resident with you
2.Specified property described in the specified article schedule.

INDEMNITY TO YOU

Smart Phones and Tablets
If Smart Phone or Tablet insured is accidentally lost or damaged we will pay for or may choose to Repair or replace it. The amount payable will be the current replacement cost. If at the time of Theft Loss or damage the cost of replacing the property insured as new is greater than the sum Insured you will be your own insurer for the difference and will bear a rateable proportion of the loss or damage.

Special Exclusions

  • Property insured lost from a unattended motor vehicle unless:
  • The property insured was concealed in a locked boot or compartment forming part of a locked vehicle and there is violent and forcible entry to the vehicle or
  • There is violent and forcible entry to the vehicle and you bear the first amount payable shown in the schedule of any claim
  • Wear and Tear and Depreciation
  • Electrical or Mechanical Breakdown not accompanied by other damage
  • The special value which any article may have part of a set
  • The cost of reproducing sounds data and images on tapes, records, films or magnetic media
  • Loss or Damage caused by Vermin, moths or gradual operating causes
  • During any process of cleaning
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