Common use of Use of the Equipment Clause in Contracts

Use of the Equipment. 3.2. The Customer shall provide the necessary space, electricity supply and environmental conditions required for the equipment 3.3. Ownership in and to the equipment shall remain vested in Centracom or its network operator and the customer shall be obliged to return the equipment in the same working order as delivered upon termination of this Agreement 3.4. All risk in and responsibility for the equipment shall pass to the Customer on delivery of the equipment 3.5. The Customer shall permit Centracom to enter its premises to inspect the equipment or perform any other lawful function in the bona fide interest of Centracom in respect of the equipment, or to carry out any necessary repairs, replacement of equipment or other maintenance work, in respect of the equipment 3.6. The Customer shall at all times keep the equipment in its possession and control at the Customer Premises and shall not be entitled to give up possession of the equipment, in whole or in part, to any third party or remove and / or re-install the equipment at a different location 3.7. The Customer shall in writing advise the landlord of the customer premises of Centracom’s ownership of the equipment and make sure the relevant landlord waiver is signed and submitted to Centracom 3.8. If the equipment is repossessed by the landlord for any reason and the landlord waiver has not been received by Centracom, the customer shall be liable for the cost of the equipment 3.9. Unless expressly authorised by Centracom, the Customer and any 3rd party may not make any alteration or modification to the equipment, including the software incorporated in the equipment 3.10. If the equipment is lost, stolen or damaged, the Customer shall remain liable for the replacement and reinstallation thereof 3.11. The cost of the equipment will be charged to the customer as a monthly rental which will be collected over the duration of the contract 3.12. The hardware fee quoted is an estimate according to call traffic. Centracom will carry out a pre-installation site audit which will provide the necessary information to more accurately cost the hardware requirement. This may affect the fees quoted on. Any amendments will be made accordingly 3.13. The customer will remain liable for the monthly rental for a minimum of 24 months regardless of the airtime contractual obligation stipulated in the Subscriber Agreement and shall continue thereafter on a monthly basis until cancellation of the contract by either party giving three months’ notice. 3.13.1. Equipment rentals will increase by 10% (ten percent) annually 3.14. In the case where Centracom does not supply the equipment – 3.14.1. Centracom cannot provide any service level agreement to the customer for the services 3.14.2. The customer is still liable for any and all calls made from the Centracom SIP Accounts provided 3.14.3. The customer accepts the mandatory monthly administration fee of R75 in respect of the equipment leased by the customer 3.14.4. The customer agrees that in the case of theft, damage or fire, an excess amounting to 10% of the insurance claim or a minimum of R2500 will be charged in respect of each claim

Use of the Equipment. 3.25.1. If required Centracom shall provide and install Customer premise equipment at the premises of the Customer (“equipment”) required for the purpose of accessing the services which shall be charged for on a monthly basis. 5.2. The cost of the equipment will be charged to the Customer as a monthly rental which will be collected over the duration of the contract. 5.3. The Customer will remain liable for the monthly rental for a minimum of 24 months, or the Contract Term, or Renewal Period, whichever is the greater, regardless of the airtime contractual obligation stipulated in the Agreement and shall continue thereafter on a monthly basis until cancellation of the Agreement in terms of clause 4. 5.3.1. Equipment rentals will increase by 10% (ten percent) annually. 5.4. The Customer shall provide the necessary space, electricity supply and environmental conditions required for the equipment. 3.35.5. The Customer is obliged to obtain the required permission for the installation of the equipment on the premises. Upon signing this Agreement, the Customer agrees that it has obtained the necessary consent/permission to install the equipment. Should it be found that the Customer hasn’t obtained consent/permission, the Customer agrees that Centracom may terminate this Agreement and the Customer will be liable for all charges in connection with clause 4.1 together with the costs for damages associated therewith. 5.6. Ownership in and to the equipment shall remain vested in Centracom or its network operator and Wholesale Supplier. Upon termination of this Agreement the customer Customer shall be obliged to return the equipment in the same working order as delivered upon termination of this Agreementdelivered. 3.45.7. All risk in and responsibility for the equipment shall pass to the Customer on delivery of the equipment. 3.55.8. The Customer acknowledges that it is responsible for the insurance of the equipment for the duration of this Agreement. 5.9. The Customer shall permit Centracom to enter its premises to inspect the equipment or perform any other lawful function in the bona fide interest of Centracom in respect of the equipment, or to carry out any necessary repairs, upgrades to the service/equipment/software, replacement of equipment or other maintenance work, in respect of the equipment. 3.65.10. The Customer shall at all times keep the equipment in its possession and control at the Customer Premises and shall not be entitled to give up possession of the equipment, in whole or in part, to any third party or remove and / or re-install the equipment at a different location. 3.75.11. The Customer shall in writing advise the landlord of the customer Customer premises of Centracom’s ownership of the equipment and make sure the relevant landlord waiver is signed and submitted to Centracom. 3.85.12. If the equipment is repossessed by the landlord for any reason and the landlord waiver has not been received by Centracom, the customer Customer shall be liable for the cost of the equipment. 3.95.13. Unless expressly authorised by Centracom, the Customer and any 3rd party may not make any alteration or modification to the equipment, including the software incorporated in the equipment, nor may they move the equipment nor transfer it to another location. 3.105.14. If the equipment is lost, stolen or damaged, the Customer shall remain liable for the replacement and reinstallation thereof 3.11. The cost of the equipment will be charged to the customer as a monthly rental which will be collected over the duration of the contract 3.12. The hardware fee quoted is an estimate according to call traffic. Centracom will carry out a pre-installation site audit which will provide the necessary information to more accurately cost the hardware requirement. This may affect the fees quoted on. Any amendments will be made accordingly 3.13. The customer will remain liable for the monthly rental for a minimum of 24 months regardless of the airtime contractual obligation stipulated in the Subscriber Agreement and shall continue thereafter on a monthly basis until cancellation of the contract by either party giving three months’ notice. 3.13.1. Equipment rentals will increase by 10% (ten percent) annually 3.14. In the case where Centracom does not supply the equipment – 3.14.1. Centracom cannot provide any service level agreement to the customer for the services 3.14.2. The customer is still liable for any and all calls made from the Centracom SIP Accounts provided 3.14.3. The customer accepts the mandatory monthly administration fee of R75 in respect of the equipment leased by the customer 3.14.4. The customer agrees that in the case of theft, damage or fire, an excess amounting to 10% of the insurance claim or a minimum of R2500 will be charged in respect of each claim

Use of the Equipment. 3.25.1. If required Centracom shall provide and install Customer premise equipment at the premises of the Customer (“equipment”) required for the purpose of accessing the services which shall be charged for on a monthly basis. 5.2. The cost of the equipment will be charged to the Customer as a monthly rental which will be collected over the duration of the contract. 5.3. The Customer will remain liable for the monthly rental for a minimum of 24 months, or the Contract Term, or Renewal Period, whichever is the greater, regardless of the airtime contractual obligation stipulated in the Agreement, and shall continue thereafter on a monthly basis until cancellation of the Agreement in terms of clause 4. 5.3.1. Equipment rentals will increase by 10% (ten percent) annually. 5.4. The Customer shall provide the necessary space, electricity supply and environmental conditions required for the equipment. 3.35.5. The Customer is obliged to obtain the required permission for the installation of the equipment on the premises. Upon signing this Agreement, the Customer agrees that it has obtained the necessary consent/permission to install the equipment. Should it be found that the Customer hasn’t obtained consent/permission, the Customer agrees that it is liable for all charges in connection with clause Error! Reference source not found. together with the costs for damages associated therewith. 5.6. Ownership in and to the equipment shall remain vested in Centracom or its network operator and Wholesale Supplier. Upon termination of this Agreement the customer Customer shall be obliged to return the equipment in the same working order as delivered upon termination of this Agreementdelivered. 3.45.7. All risk in and responsibility for the equipment shall pass to the Customer on delivery of the equipment. 3.55.8. The Customer acknowledges that it is responsible for the insurance of the equipment for the duration of this Agreement. 5.9. The Customer shall permit Centracom to enter its premises to inspect the equipment or perform any other lawful function in the bona fide interest of Centracom in respect of the equipment, or to carry out any necessary repairs, replacement of equipment or other maintenance work, in respect of the equipment. 3.65.10. The Customer shall at all times keep the equipment in its possession and control at the Customer Premises and shall not be entitled to give up possession of the equipment, in whole or in part, to any third party or remove and / or re-install the equipment at a different location 3.7. The Customer shall in writing advise the landlord of the customer premises of Centracom’s ownership of the equipment and make sure the relevant landlord waiver is signed and submitted to Centracom 3.8. If the equipment is repossessed by the landlord for any reason and the landlord waiver has not been received by Centracom, the customer shall be liable for the cost of the equipment 3.9. Unless expressly authorised by Centracom, the Customer and any 3rd party may not make any alteration or modification to the equipment, including the software incorporated in the equipment 3.10. If the equipment is lost, stolen or damaged, the Customer shall remain liable for the replacement and reinstallation thereof 3.11. The cost of the equipment will be charged to the customer as a monthly rental which will be collected over the duration of the contract 3.12. The hardware fee quoted is an estimate according to call traffic. Centracom will carry out a pre-installation site audit which will provide the necessary information to more accurately cost the hardware requirement. This may affect the fees quoted on. Any amendments will be made accordingly 3.13. The customer will remain liable for the monthly rental for a minimum of 24 months regardless of the airtime contractual obligation stipulated in the Subscriber Agreement and shall continue thereafter on a monthly basis until cancellation of the contract by either party giving three months’ notice. 3.13.1. Equipment rentals will increase by 10% (ten percent) annually 3.14. In the case where Centracom does not supply the equipment – 3.14.1. Centracom cannot provide any service level agreement to the customer for the services 3.14.2. The customer is still liable for any and all calls made from the Centracom SIP Accounts provided 3.14.3. The customer accepts the mandatory monthly administration fee of R75 in respect of the equipment leased by the customer 3.14.4. The customer agrees that in the case of theft, damage or fire, an excess amounting to 10% of the insurance claim or a minimum of R2500 will be charged in respect of each claimgive

Use of the Equipment. 3.24.1. The Customer acknowledges that the CPE is and remains the property of LUCERT GROUP and shall provide use the necessary space, electricity supply and environmental conditions required CPE only for the equipmentpurpose for which it is intended and in accordance with any laws or regulations. 3.34.2. Ownership in and Upon delivery to the equipment shall remain vested in Centracom Customer, or its network operator and collection by the customer shall be obliged to return Customer, of the equipment in the same working order as delivered upon termination of this Agreement 3.4. All CPE, risk in and responsibility for respect of the equipment CPE, but not ownership thereof, shall pass to the Customer on delivery who shall ensure that: 4.2.1. the CPE is kept in the Customer’s possession and control, protected against any material loss or damage and free from any attachment, lien, hypothec or other encumbrance; 4.2.2. the CPE is used with due care and diligence, The Customer specifically acknowledges that the fly-lead is extremely fragile and may not be bent, tightly coiled or manhandled; 4.2.3. should the Customer move from the Customer’s premises, the CPE shall remain at the premises, or be returned to LUCERT GROUP. 4.3. Should the Customer not be the owner of the Premises the Customer shall notify the owner of such premises of LUCERT GROUP’s ownership of the equipment. 3.54.4. In the event of theft of or loss or damage to the CPE, the Customer shall immediately inform LUCERT GROUP thereof in writing. The Customer shall permit Centracom to enter its premises to inspect be responsible for the equipment cost of repairing or perform any other lawful function in replacing the bona fide interest of Centracom in respect of the equipment, or to carry out any necessary repairs, replacement of equipment or other maintenance work, in respect of the equipmentCPE. 3.64.5. The Customer shall ensure that the CPE remain at all times keep the equipment Premises. Only LUCERT GROUP is allowed to relocate the CPE. The Customer will be charged a relocation fee if relocation is requested by the Customer after having accepted the Service. 5.5. LUCERT GROUP may, at any time during the Agreement, reconfigure, upgrade or exchange any part of the CPE should LUCERT GROUP, in its possession and control at sole discretion, deem it necessary to do so in order to meet its obligation to provide the Customer Premises and Services. LUCERT GROUP shall not be entitled obliged to give up possession of the equipment, in whole or in part, to any third party or remove and / or re-install the equipment at a different location 3.7. The Customer shall in writing advise the landlord of the customer premises of Centracom’s ownership of the equipment and make sure the relevant landlord waiver is signed and submitted to Centracom 3.8. If the equipment is repossessed by the landlord for any reason and the landlord waiver has not been received by Centracom, the customer shall be liable for the cost of the equipment 3.9. Unless expressly authorised by Centracom, the Customer and any 3rd party may not make any alteration or modification upgrades unless it deems it necessary to the equipment, including the software incorporated in the equipment 3.10. If the equipment is lost, stolen or damaged, the Customer shall remain liable for the replacement and reinstallation thereof 3.11. The cost of the equipment will be charged to the customer as a monthly rental which will be collected over the duration of the contract 3.12. The hardware fee quoted is an estimate according to call traffic. Centracom will carry out a pre-installation site audit which will provide the necessary information to more accurately cost the hardware requirement. This may affect the fees quoted on. Any amendments will be made accordingly 3.13. The customer will remain liable for the monthly rental for a minimum of 24 months regardless of the airtime contractual obligation stipulated in the Subscriber Agreement and shall continue thereafter on a monthly basis until cancellation of the contract by either party giving three months’ noticedo so. 3.13.1. Equipment rentals will increase by 10% (ten percent) annually 3.14. In the case where Centracom does not supply the equipment – 3.14.1. Centracom cannot provide any service level agreement to the customer for the services 3.14.2. The customer is still liable for any and all calls made from the Centracom SIP Accounts provided 3.14.3. The customer accepts the mandatory monthly administration fee of R75 in respect of the equipment leased by the customer 3.14.4. The customer agrees that in the case of theft, damage or fire, an excess amounting to 10% of the insurance claim or a minimum of R2500 will be charged in respect of each claim

Use of the Equipment. 3.25.1. If required Centracom shall provide and install Customer premise equipment at the premises of the Customer (“equipment”) required for the purpose of accessing the services which shall be charged for on a monthly basis. 5.2. The cost of the equipment will be charged to the Customer as a monthly rental which will be collected over the duration of the contract. 5.3. The Customer will remain liable for the monthly rental for a minimum of 24 months, or the Contract Term, or Renewal Period, whichever is the greater, regardless of the airtime contractual obligation stipulated in the Agreement, and shall continue thereafter on a monthly basis until cancellation of the Agreement in terms of clause 4. 5.3.1. Equipment rentals will increase by 10% (ten percent) annually. 5.4. The Customer shall provide the necessary space, electricity supply and environmental conditions required for the equipment. 3.35.5. The Customer is obliged to obtain the required permission for the installation of the equipment on the premises. Upon signing this Agreement, the Customer agrees that it has obtained the necessary consent/permission to install the equipment. Should it be found that the Customer hasn’t obtained consent/permission, the Customer agrees that Centracom may terminate this Agreement and the Customer will be liable for all charges in connection with clause 4.1 together with the costs for damages associated therewith. 5.6. Ownership in and to the equipment shall remain vested in Centracom or its network operator and Wholesale Supplier. Upon termination of this Agreement the customer Customer shall be obliged to return the equipment in the same working order as delivered upon termination of this Agreementdelivered. 3.45.7. All risk in and responsibility for the equipment shall pass to the Customer on delivery of the equipment. 3.55.8. The Customer acknowledges that it is responsible for the insurance of the equipment for the duration of this Agreement. 5.9. The Customer shall permit Centracom to enter its premises to inspect the equipment or perform any other lawful function in the bona fide interest of Centracom in respect of the equipment, or to carry out any necessary repairs, upgrades to the service/equipment/software, replacement of equipment or other maintenance work, in respect of the equipment. 3.65.10. The Customer shall at all times keep the equipment in its possession and control at the Customer Premises and shall not be entitled to give up possession of the equipment, in whole or in part, to any third party or remove and / or re-install the equipment at a different location. 3.75.11. The Customer shall in writing advise the landlord of the customer Customer premises of Centracom’s ownership of the equipment and make sure the relevant landlord waiver is signed and submitted to Centracom. 3.85.12. If the equipment is repossessed by the landlord for any reason and the landlord waiver has not been received by Centracom, the customer Customer shall be liable for the cost of the equipment. 3.95.13. Unless expressly authorised by Centracom, the Customer and any 3rd party may not make any alteration or modification to the equipment, including the software incorporated in the equipment, nor may they move the equipment nor transfer it to another location. 3.105.14. If the equipment is lost, stolen or damaged, the Customer shall remain liable for the replacement and reinstallation thereof. 3.115.15. The cost of the equipment will be charged to the customer as a monthly rental which will be collected over the duration of the contract 3.12. The hardware fee quoted Customer is an estimate according to call traffic. Centracom will carry out a pre-installation site audit which will provide the necessary information to more accurately cost the hardware requirement. This may affect the fees quoted on. Any amendments will be made accordingly 3.13. The customer will remain liable for the monthly rental for a minimum of 24 months regardless of the airtime contractual obligation stipulated in the Subscriber Agreement and shall continue thereafter on a monthly basis until cancellation of the contract by either party giving three months’ notice. 3.13.1. Equipment rentals will increase by 10% (ten percent) annually 3.14. In the case where Centracom does not supply the equipment – 3.14.1. Centracom cannot provide any service level agreement to the customer for the services 3.14.2. The customer is still liable for any and all calls made from the Centracom SIP Accounts provided 3.14.3. The customer accepts the mandatory monthly administration fee of R75 in respect , regardless of the equipment leased whether these calls are legitimate or have been made as a result of hackers gaining access to the Customer’s SIP accounts. 5.16. Centracom is not responsible for the supply and commissioning of Open Source IP PBX systems, such as Asterisk platforms and other PBX systems. If the Customer has installed such a system and wishes to access the Centracom service by means of such system, the Customer acknowledges that such systems are vulnerable to hacking and other fraudulent misuse, and therefore warrants that it has adequate security measures in place to protect its system from such attacks. 5.17. Without limiting the generality of these Terms and Conditions, Centracom shall not (other than in circumstances of its gross negligence or fraudulent intent) be liable for any damage or loss suffered by the customer 3.14.4Customer caused by and /or attributable to the unlawful or fraudulent accessing by a third party of the Customer’s telecommunication lines, PBX, data networks, wireless links or other links or equipment. The customer agrees that in In such circumstances, the case of theftCustomer shall remain liable for all charges incurred pursuant to such unlawful or fraudulent access and hereby indemnifies Centracom against all loss, liability, damage or fire, an excess amounting to 10% of expense which Centracom or the insurance claim or Customer may suffer as a minimum of R2500 will be charged in respect of each claimresult thereof.

Use of the Equipment. 3.2. The Customer shall provide the necessary space, electricity supply and environmental conditions required for the equipment 3.3. Ownership in and to the equipment shall remain vested in Centracom or its network operator and the customer shall be obliged to return the equipment in the same working order as delivered upon termination of this Agreement 3.4. All risk in and responsibility for the equipment shall pass to the Customer on delivery of the equipment 3.5. The Customer shall permit Centracom to enter its premises to inspect the equipment or perform any other lawful function in the bona fide interest of Centracom in respect of the equipment, or to carry out any necessary repairs, replacement of equipment or other maintenance work, in respect of the equipment 3.6. The Customer shall at all times keep the equipment in its possession and control at the Customer Premises and shall not be entitled to give up possession of the equipment, in whole or in part, to any third party or remove and / or re-install the equipment at a different location 3.7. The Customer shall in writing advise the landlord of the customer premises of Centracom’s ownership of the equipment and make sure the relevant landlord waiver is signed and submitted to Centracom 3.8. If the equipment is repossessed by the landlord for any reason and the landlord waiver has not been received by Centracom, the customer shall be liable for the cost of the equipment 3.9. Unless expressly authorised by Centracom, the Customer and any 3rd party may not make any alteration or modification to the equipment, including the software incorporated in the equipment 3.10. If the equipment is lost, stolen or damaged, the Customer shall remain liable for the replacement and reinstallation thereof 3.11. The cost of the equipment will be charged to the customer as a monthly rental which will be collected over the duration of the contract 3.12. The hardware fee quoted is an estimate according to call traffic. Centracom will carry out a pre-installation site audit which will provide the necessary information to more accurately cost the hardware requirement. This may affect the fees quoted on. Any amendments will be made accordingly 3.13. The customer will remain liable for the monthly rental for a minimum of 24 months regardless of the airtime contractual obligation stipulated in the Subscriber Agreement and shall continue thereafter on a monthly basis until cancellation of the contract by either party giving three months’ months notice. 3.13.13.12.1. Equipment rentals will increase by 10% (ten percent) annually 3.143.13. In the case where Centracom does not supply the equipment – 3.14.13.13.1. Centracom cannot provide any service level agreement to the customer for the services 3.14.23.13.2. The customer is still liable for any and all calls made from the Centracom SIP Accounts provided 3.14.33.13.3. The customer accepts the mandatory monthly administration fee of R75 in respect of the equipment leased by the customer 3.14.43.13.4. The customer agrees that in the case of theft, damage or fire, an excess amounting to 10% of the insurance claim or a minimum of R2500 R2 500 will be charged in respect of each claim