Terms and Conditions

GENERAL TERMS AND CONDITIONS

Viva Telecoms CC, a company incorporated in South Africa (Registration number. 2010/132319/23) having its registered office at 25 Canford Park, 53 Anthony Road, Umgeni Park, Durban.

WHEREAS the Customer wishes to appoint Viva Telecoms to render to it certain converged services;

NOW THEREFORE the parties agree as follows:

1. INTERPRETATION
   1.1 In this Agreement unless the context indicates a contrary intention –
   1.1.1 an expression which denotes any gender includes the other genders and a natural person includes an artificial person and vice versa;
   1.1.2 the singular includes the plural and vice versa;
   1.1.3 when any number of days is prescribed, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case it shall be inclusive of the first day following the said Saturday, Sunday or public holiday;
2. DEFINITIONS
   2.1 Unless otherwise determined by the context, the following words will bear the meanings assigned to them hereunder –
   2.1.1 “this Agreement” means these General Terms and Conditions together with all Service Schedules, the Acceptable Use Policy and any other annexures, schedules and/or amendments from time to time;
   2.1.2 “Acceptable Use Policy” means Viva Telecom’s Acceptable Use Policy posted on www.vivatelecoms.co.za, as amended from time to time by Viva Telecoms in its sole discretion;
   2.1.3 “Business Days” means Monday to Friday, both days inclusive, but excluding officially promulgated South African public holidays that fall on or between a Monday and Friday;
   2.1.4 “Business Hours” means those hours between 08:00 to 17:00 Monday to Friday on any Business Day;
   2.1.5 “Commencement Date” means date of service activation notwithstanding the date of signature of this Agreement;
   2.1.6 “Equipment” means equipment supplied by Viva Telecoms to the Customer, on the basis of a loan or rental, to enable the Customer to utilise the Services;
   2.1.7 “the Network” means the physical wireless and wired network operated and made available by Viva Telecoms as well as a virtual network (using Multi Packet Label Switching or related technologies) operated and made available by Viva Telecoms over its own network as well as the networks of ECNS providers;
   2.1.8 “the Services” means the converged solutions services provided by Viva Telecoms to the Customer pursuant to the conclusion of a Service Schedule;
   2.1.9 “Service Schedule” means, in respect of each Service which Viva Telecoms provides to the Customer, the Service Schedule concluded between the parties settingout, inter alia, a description of the Service, the fees payable, the service levels applicable.
   2.1.10 “the System” means, collectively, the Network, any network provided by an ECNS provider (if applicable), the Equipment and the Customer’s equipment.
3. COMMENCEMENT AND DURATION
   3.1 This Agreement will commence on the Activation Date of service and shall remain in force for the initial period as defined by the contract period (i.e. 24 months) where after it shall continue on a month to month basis unless terminated by either party on not less than 90 (ninety) days written notice of its intention to so terminate. For the avoidance of doubt, it is recorded that upon termination of all Service Schedules, this Agreement shall ipso facto terminate.
   3.2 Notwithstanding any termination of this Agreement in terms of clause 3.1 above, such termination shall not affect the validity of any Service Schedule in force at the time of termination which shall continue to be of full force and effect and subject to the terms and conditions herein contained until such time as all obligations of each party vis-à-vis the other have been discharged in full.
   3.3 Each Service Schedule shall commence on the date provided for therein and shall continue for the period provided for therein subject to termination as provided for therein.
   3.4 Notwithstanding the provisions of clause 3.1 above, the Customer may, on not less than 1 (one) calendar month’s written notice to Viva Telecoms, cancel any Service Schedule during the initial period provided for therein, subject to payment by the Customer of the then-applicable early termination penalty. For clarity and the avoidance of doubt, individual services comprising of a Service Schedule may not be terminated without written agreement between the parties and terms applicable to such termination.
   3.5 Any notice of termination by the Customer pursuant to the provisions of this clause shall not be valid where the Customer is in arrears with its payment obligations to Viva Telecoms.
4. SERVICE SCHEDULES
   4.1 Each Service Schedule shall be deemed to be a separate agreement on the terms and conditions set out herein and the termination of any specific Service Schedule shall not be deemed to constitute a termination of any other Service Schedule or this Agreement, all of which shall continue to be of full force and effect.
   4.2 In the event of any conflict or inconsistency between a Service Schedule and the main body of the Agreement, then the provisions of the Service Schedule shall prevail.
   4.3 Each Service Schedule shall be catalogued numerically for identification purposes and shall provide:
   4.3.1 a description of the Service to be rendered;
   4.3.2 the effective date, initial period and termination period particular to the Service.
5. CHARGES AND FEES AND PAYMENT TERMS
   5.1 The charges and fees payable by the Customer in respect of a Service shall be specified in the relevant Service Schedule as shall the applicable payment terms and any discounts.
   5.2 Where any Service is activated by Viva Telecoms on any day of a month other than the first day, the Customer shall be charged a pro-rata portion of the monthly fees in respect of that month.
   5.3 Save as expressly stated to the contrary, all prices specified in any Service Schedule shall be exclusive of value-added tax.
   5.4 Viva Telecoms may, in its sole discretion, levy interest equal to 2% (two per centum) above the prime rate of one of the 4 (four) large banks in South Africa, selected by Viva Telecoms on any unpaid or overdue amount.
6. ADJUSTMENT OF CHARGES
   6.1 Notwithstanding anything to the contrary herein contained, Viva Telecoms shall have the right, on each anniversary of the effective date of a Service Schedule, by written notice to the Customer, to vary the charges and fees payable by the Customer thereunder, on 1 (one) months’ notice to the Customer, provided that:
   6.1.1 in the case of Service which are not regulated by a regulatory authority, any increase levied by Viva Telecoms in terms of this clause 6 shall not exceed the latest published Consumer Price Index excluding interest rates on mortgage bonds (“CPI”) as published from time to time by Statistics South Africa, or any other relevant Government Agency on the anniversary date. For the avoidance of doubt, the latest officially published CPI figures immediately preceding the anniversary date will be used in the determination of such increase; and
7. THE CUSTOMER’S OBLIGATIONS
   7.1 The Customer shall, at all times, comply strictly with all restrictions imposed on computer networks by legislation through which any information and/or data transmitted by the Customer passes. In particular, the Customer shall at all times comply with the Acceptable Use Policy.
   7.2 The Customer shall not commit nor attempt to commit any act or omission which directly or indirectly:
   7.2.1 in any manner damages Viva Telecom’s technical infrastructure or the Network or any part thereof;
   7.2.2 impedes, impairs or precludes Viva Telecoms from being able to provide the Services in a reasonable and business-like manner; and/or
   7.2.3 constitutes an abuse or misuse, whether malicious or otherwise, of the Services.
   7.3 The Customer shall not:
   7.3.1 allow any person other than its personnel and authorised parties, access to the Services; and/or
   7.3.2 use or allow others to use the Services for any improper, immoral or unlawful purpose.
8. THE EQUIPMENT
   8.1 The Customer acknowledges and agrees that all rights of ownership in and to the Equipment shall, at all times, remain vested in Viva Telecoms and accordingly, the Customer shall not hold itself out as the owner of the Equipment, nor sell, transfer, dispose of, mortgage, charge or pledge the Equipment or permit the possession of the Equipment to be taken away from the Customer.
   8.2 Notwithstanding the provisions of clause 8.1 above, all risk in and to the Equipment shall pass to the Customer on delivery thereof to the Customer and the Customer shall be liable for any and all loss, theft or destruction of or damage thereto, howsoever arising.
   8.3 Viva Telecoms shall be entitled to recover from the Customer any costs relating to repairs, replacements, adjustments or error corrections arising out of a failure by the Customer to abide by the provisions of this clause 8 and the Customer shall make payment to Viva Telecoms in respect of such costs upon demand.
9. WARRANTIES
   9.1 Viva Telecoms warrants unto and in favour of the Customer that:
   9.1.1 it has the necessary competency to fulfil its obligations as set out in this Agreement read together with the relevant Service Schedule;
   9.2 Save as expressly otherwise stated in this Agreement or any Service Schedule, Viva Telecoms does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the Services (whether express, implied or tacit, by statute, common law or otherwise).
   9.3 Where any equipment is purchased by the Customer from Viva Telecoms, Viva Telecoms undertakes to cede to the Customer all warranties and/or guarantees on the equipment. provided by the manufacturer and shall provide the Customer with all documentation detailing the terms and conditions thereof as well as any exclusions therefrom.
10. MONITORING OF CONTENT AND COMMUNICATIONS
    10.1 The Customer acknowledges and agrees that in the event that Viva Telecoms, in consultation with the Customer and in its reasonable discretion or if obliged by any applicable law, determines that any content hosted by Viva Telecoms, published by Viva Telecoms on the Customer’s behalf or transmitted by the Customer by means of the Service (“Content”) is in violation of any law or the Acceptable Use Policy, Viva Telecoms shall be entitled to:
    10.1.1 request the Customer to forthwith remove such Content;
    10.2 terminate the Customer’s access, to any Service and/or suspend or terminate any Service with notice that is practicable in the circumstances; and/or
    10.3 The Customer acknowledges that any exercise by Viva Telecoms of its rights in terms of clause 10.1 above shall not be construed as an assumption of liability by Viva Telecoms for the Content and/or the publication thereof whether or not Viva Telecoms has knowledge of such Content, having cognisance of the fact that Viva Telecoms has no general obligation in law to monitor Content. The Customer hereby indemnifies Viva Telecoms and holds it harmless against any liability, claims, fines or other penalties of whatsoever nature imposed on Viva Telecoms by any person arising either directly or indirectly out of the Content or transmission thereof.
11. CHANGE CONTROL PROCEDURE
    11.1 Should either party wish to propose any change or amendment to any Service Schedule, such party shall address a written proposal to the other party detailing the desired changes or amendments.
12. SUSPENSION OF THE SERVICES
    12.1 Viva Telecoms shall be entitled, without prejudice to any right it may have in terms of this Agreement or at law, at any time and on such notice as may be reasonable in the circumstances to suspend provision of the Services or any part thereof in any of the following circumstances:
    12.1.1 for so long as the Customer remains in breach of its obligations under this Agreement;
    12.1.2 in the event that the quality of the Services, the System or the operation of the Network is adversely affected due to any act or omission on the part of the Customer; and/or
    12.1.3 in the event that the Customer infringes the intellectual property rights of any third party in relation to the provision of the Services.
    12.2 All liability on the part of Viva Telecoms for any loss or damage (whether direct or consequential) incurred or for any costs, claims, or demands of any nature arising out of the suspension of the Services as contemplated in clause 14.1 above, is excluded.
    12.3 Notwithstanding anything to the contrary contained herein, the Customer shall be obliged to continue to pay all charges and fees due under each Service Schedule during the period during which the Services is/are suspended and acknowledges and agrees that under no circumstances shall it be entitled to resile from this Agreement or withhold or defer payment or be entitled to a reduction in any charge or have any other right or remedy against Viva Telecoms, its servants, its agents or any other persons for whose acts and omissions Viva Telecoms is vicariously liable in law (and in whose favour this provision constitutes a stipulatio alteri).
13. LIMITATION OF LIABILTY
    13.1 The maximum liability of Viva Telecoms under this Agreement in respect of any claim for direct damages by the Customer in respect of any wilful misconduct and/or negligent act or omission of Viva Telecoms or any person for whose acts and omissions Viva Telecoms is vicariously liable in law, for any event or series of connected events, whether as a result of breach of contract, delict or any reason whatsoever, shall be limited to the total fees, excluding Value Added Tax, paid by the Customer to Viva Telecoms in the 12 (twelve) month period immediately preceding the month in which the incident arose which gave rise to the claim.
    13.2 Under no circumstances whatsoever shall any party shall be liable for any indirect, incidental or consequential damages, (including, but not limited to, damages for loss of business, profits, revenue, data, use, or other economic advantage) incurred by the other party, arising out of or relating to this Agreement and/or any Service Schedule.
14. ASSIGNMENT AND SUB-CONTRACTING
    14.1 The Agreement is specific to the Customer and the Customer shall not be entitled to cede or assign its rights and/or delegate its obligations, either partially or entirely, to a third party without the prior written consent of Viva Telecoms.
    14.2 Viva Telecoms shall be entitled with notice to the Customer, at any time, to cede, assign, transfer, encumber or delegate any of its rights, title, interest or obligations in terms of this Agreement to any Affiliate(s) without the Customer’s consent. For the purposes of this clause 19.2, “Affiliate(s)” means any corporation, company, or other entity which is (i) controlled by Viva Telecoms; (ii) controls Viva Telecoms; or (iii) is under common control with Viva Telecoms and “control” means that more than 50% (fifty percent) of the controlled entity’s shares or ownership interest representing the right to make decisions for such entity are owned or controlled, directly or indirectly, by the controlling entity.
    14.3 Viva Telecoms shall be entitled to sub-contract any or all of its obligations under this Agreement without the prior written consent of the Customer. Notwithstanding that any obligations may have been sub-contracted by Viva Telecoms under this clause 19.3, Viva Telecoms shall be, and at all times remain, fully responsible and liable for the fulfilment of all Viva Telecom’s obligations so sub-contracted.
15. TERMINATION
    15.1 In the event of the Customer on the one hand or Viva Telecoms on the other (hereinafter referred to as “the defaulting party”):
    15.1.1 committing or allowing the commission of any breach of this Agreement or any Service Schedule and failing to remedy that breach within a period of 10 (ten) days after receipt of written notice to that effect from the party not so in breach (“the aggrieved party”); and/or
    15.1.2 repeatedly breaching any of the terms of this Agreement or any Service Schedule in such manner as to justify the aggrieved party in reasonably holding that the defaulting party’s conduct is inconsistent with the intention or ability of the defaulting party to carry out the terms of this Agreement, then and in any of such events the aggrieved party shall have the right, (but shall not be obliged), forthwith to cancel this Agreement or the applicable Service Schedule (either wholly or in relation to the affected portion) or to claim specific performance, in either event without prejudice to the aggrieved party’s rights to claim damages. The aforesaid is without prejudice to such other rights as the aggrieved party may have at law.
    15.2 Upon termination of this Agreement for whatsoever reason:
    15.2.1 the Customer shall no longer be entitled to use of the Equipment and will forthwith tender return of the Equipment to Viva Telecoms who shall be entitled to enter any premises where the Equipment is located to recover same;
    15.2.2 the Customer shall forthwith make payment to VIVA TELECOMS all arrear amounts as well as all current amounts due as at the date of termination.
16. DISPUTE RESOLUTION AND ARBITRATION
    16.1 Any dispute arising out of or in connection with this Agreement shall, in the first instance, be referred for consideration and attempted resolution to the duly authorised senior management representatives of the Customer and Viva Telecoms.
    16.2 Should the representatives referred to in clause 21.1 above be unable to resolve the dispute within 7 (seven) days of same being referred to them, then they shall appoint a third party to act as a mediator (and not an arbitrator) to mediate in the resolution of the dispute. Such mediator shall be selected by the President for the time being of the Association of Law Societies of South Africa.
    16.3 Should the mediation referred to in clause 21.2 above fail to resolve the dispute within 7 (seven) days of appointment of the mediator, then such dispute shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.
    16.4 Notwithstanding the provisions of this clause 21, neither party shall be precluded from obtaining relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
17. FORCE MAJEURE
    17.1 Neither party shall be liable to the other for inability to perform or delayed performance in terms of the Agreement, should such inability or delay arising from any cause beyond the reasonable control of such party, provided that the existence/happening of such cause has been drawn to the attention of the other party within a reasonable time of occurrence of such cause (hereinafter referred to as “a Force Majeure Event”).
    17.2 For the purposes of this clause a Force Majeure Event shall without limitation of the generality of the aforegoing, be deemed to include strikes, lock outs, accidents, fires, explosions, theft, war (whether declared or not), invasion, foreign enemies, hostilities rights, civil insurrection, flood, earthquake, lightning, act of local or national Government, Martial Law or any other cause beyond the reasonable control of the party effected.
    17.3 Should Viva Telecoms be unable to fulfil a material obligation under this Agreement or any Service Schedule, as the case may be, for a period of not less than 30 (thirty) days due to circumstances beyond its control more fully set out in clauses 22.1 and 22.2 above, and be unable to provide a suitable temporary alternative to the affected Service or Service Element, as the case may be, then the Customer may terminate this Agreement or the applicable Service Schedule.
18. DOMICILIA AND NOTICES
    18.1 The parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any notice, the serving of any process, the payment of any monies and for any other purpose arising from this Agreement, as follows:
    18.1.1 Viva Telecoms – 25 Canford Park, 52 Anthony Road, Umgeni Park
    18.1.2 The Customer – (Address as shown on this agreement)
    18.2 Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante.
19. WHOLE AGREEMENT
    This Agreement, together with all schedules, appendices, Service Schedules, annexures and/or amendments from time to time and any specifically referenced documents if applicable, constitutes the complete and exclusive statement of the Agreement between the Parties and supersedes all prior or contemporaneous agreements, promises, representations, understandings and negotiations between the Parties, whether written or oral, with respect to the subject matter hereof. The terms and conditions of any and all schedules, appendices, Service Schedules (including any specifically referenced documents, if applicable) to this Agreement, as amended from time to time by mutual agreement of the Parties or in accordance with the terms of this Agreement, are incorporated herein by reference and shall constitute part of this Agreement as if fully set out herein.

FIBRE TERMS AND CONDITIONS

1. Viva Fibre is an optical fibre service offering data, voice and content to consumer customers.
2. Viva determines the most suitable technologies to provision data, voice and content services over the fibre network to meet its commercial requirements.
3. The Viva Fibre terms and conditions as detailed herein are subject to change from time to time.
4. Any change to the Viva Fibre terms and conditions will be communicated to the customer upon 30 days written notice or such other reasonable notice period as the circumstances require.
5. The Viva Fibre terms and conditions are available at www.vivatelecoms.co.za/terms-and-conditions.
6. The detailed Viva Fibre data and voice offering is available at www.vivatelecoms.co.za/terms-and-conditions.
7. The Viva Fibre service is subject to:
   7.1 Viva’s Standard contract terms and conditions.
   7.2 Viva’s Fair Usage Policy
   7.3 Additional service or device specific terms and conditions mentioned below.
8. Where there is any conflict between any other terms and conditions mentioned and the Viva Fibre specific terms and conditions, the last mentioned shall prevail.
   
   PROVISION OF SERVICES
9. The Viva Fibre service will only be available in selected urban areas where fibre is available.
10. The provision of the Viva Fibre service is subject to credit vetting and the successful conclusion of a Viva Fibre service contract.
11. The Viva Fibre service is only available on a 24month service contract.
12. Viva does not warrant an uninterrupted Viva Fibre service and does not offer quality of service, uptime and throughput guarantees.
13. Viva endeavour to maintain the fibre and the Viva Fibre service to the best of its ability.
14. A customer may not resell the Viva Fibre service or use the Viva Fibre service for any commercial activities where the service is on sold to other users.
15. Viva will terminate any customer’s Viva Fibre service if it is found that the customer is reselling the service or using the Viva Fibre service for commercial activities.
    
    COMMENCEMENT AND DURATION
16. The Viva Fibre service contract start date will be the customer account activation date.
17. The Viva Fibre service contract shall remain in force for the initial period as defined by the contract period (i.e. 24 months) where after it shall continue a month to month basis.
18. The customer can renew or cancel the contract after the initial Viva Fibre service contract period.
19. Any Viva Fibre service migration, due to discontinuation of a Viva Fibre service offer and options
    available to customers, will be communicated to the customer prior to the end of the Viva Fibre service contract initial period.
20. Any Viva Fibre service contract that includes free or discounted customer equipment can only be renewed or cancelled after the initial period without any penalty.
21. When a Viva Fibre service contract is terminated before the initial period, an early cancellation penalty will apply, equivalent to all the remaining subscriptions due for the initial period.
    
    SERVICE OFFERING AND PRICING
22. Viva reserve the right to adjust and amend the service offering and pricing from time to time without prior notice.
23. A customer has the option to purchase the following services:
    23.1 Viva Fibre Broadband offering data connectivity and internet access.
    23.2 Viva Fibre Fixed Voice offering voice calls.
    23.3 Optional services such as additional data and voice recording and devices such as Uninterrupted Power Supply (UPS).
    
    INSTALLATIONS
24. Viva will appoint an approved installer to install the Viva Fibre service at the customer’s premises.
25. The approved installer will require reasonable access to the customer’s premises.
26. The approved installer will install the Fibre service in accordance with the detailed installation guidelines for a standard installation as per Layer 2 SP Installation Schedule.
27. If the Viva Fibre service installation exceeds the standard installation specifications, then any additional installation expenses will be for the customer’s account.
28. Any additional installation expenses will be settled directly with the approved installer.
29. If the customer does not wish to proceed with the installation due to additional installation expenses, the installation and service contract will be cancelled.
30. The installation will be deemed fully operational if the approved installer successfully tests the Viva Fibre service with the CPE provided by Viva as part of the service contract.
31. The approved installer will not test the installation’s operational status with any other CPE than the CPE provided by Viva.
32. The customer undertakes to maintain the installation, including all equipment provided, in good order including environmental considerations as detailed in the Viva Fibre Service Schedule.
33. The customer may not move or alter the Viva Fibre service installation and must notify Viva if there is a need to move or alter the installation.
34. Only a Viva approved installer may move or alter a Viva Fibre service installation.
    
    CUSTOMER EQUIPMENT
35. The following equipment related to the Viva Fibre service will be installed at the customer’s premises:
    35.1 An optical network terminal (ONT) that forms part of the Viva fibre Service.
    35.2 A Customer Premises Equipment (CPE) with Wi-Fi capability, more commonly known as a router.
36. An optional telephonic device if voice services are included in the Viva Fibre services.
    36.1 An optional UPS.
    36.2 The ONT always remains the property of Viva.
37. The CPE will form part of the Viva Fibre service contract.
38. The Viva Fibre service charge will not be discounted if the customer elects to use their own CPE device.
39. After the Viva Fibre service contract initial period, the CPE and any other customer equipment (Excluding the ONT) becomes the property of the customer.
40. A 12-month warranty will apply to all customer equipment provided.
41. If customer equipment is swapped out by an approved installer as part of fault management, the warranty of the replacement customer equipment will be valid for the
    balance of the Viva Fibre services contract period.
42. The customer gives Viva permission to configure the router for additional SSID’s to enable supplementary services.
43. Any use of a customer’s router for additional SSID’s will be at no charge to the customer and will not impact the customer service.
44. Should the CPE equipment be damaged by lightning or power surge, it is the customer responsibility and replacement equipment is for the charge of the customer.
    
    SERVICE INTERRUPTIONS
45. Viva will endeavour to limit service interruption occurrences to the Viva Fibre service and the length thereof.
46. In the case of a service interruption in the Viva Fibre service, Viva will deploy technical teams to address any network faults.
47. If a customer detects a service interruption in the Viva Fibre service, the customer must notify Viva customer care of the interruption.
48. If the service interruption in the Viva Fibre service is traced to a customer’s Viva Fibre installation or customer equipment, then Viva will endeavour to rectify the fault remotely, failing which a service team will be dispatched to the customer’s premises to address the fault.
49. If in the event of a service interruption in the Viva Fibre service a service team is dispatched to the customer’s premises and it is found that the service interruption is attributable to the customer’s actions, then Viva will charge the customer the applicable rates for dispatching the service team to rectify the service interruption.
    
    LIABILITY
50. Viva accepts no liability for any loss or damage to the property or equipment of the customer arising out of the provision, installation or maintenance of Viva’s Fibre
    service including the customer’s use of the customer equipment.
51. Viva accepts no liability for any loss or damage arising out of the use of the Viva Fibre service, including loss or damage due to using the Internet and / or transferring files and content.
    
    FAIR USAGE POLICY
52. Viva reserves the right to use a Fair Usage Policy (FUP) to manage its’ networks in order to maintain acceptable levels of customer experience.
53. The Viva Fibre services are subject to a FUP.
54. The Viva Fibre FUP is subject to change from time to time, the detailed FUP (Fair Use Policy) is available at www.vivatelecoms.co.za/fiber.
    
    NON- PAYMENT
55. Viva Fibre services will be suspended in the event of non-payment.
56. A reconnection fee will be applied as per the credit management process.
    
    TERMINATION & CANCELLATIONS
57. Cancellations within the contract period will carry a penalty equivalent to all the remaining contract tariffs due for the remainder of 24-month contract period.
58. Any penalties applicable to customer equipment due to termination or cancellation will be included in the last invoice.
59. Viva will inform customers 30 days in advance of the initial contract end period.
    
    UPGRADES AND MIGRATIONS
60. The customer can migrate to any other Viva Fibre service offer on request.
61. No penalties will apply when upgrading or for an upward migration.
62. Downward migrations will attract a once-off fee.
    
    RE-LOCATION SERVICES
63. If the customer wishes to move the location of the Viva Fibre service from one geographical location to another and wishes to retain Viva Fibre service (ie: Physical address change) the following will apply:
    63.1 A relocation fee will be charged.
    63.2 Moves will be allowed subject to a feasibility study on whether a Viva Fibre service can be provisioned at the new location.
    63.3 Any additional costs relating to the provisioning of the Viva Fibre service at a new location will be charged to the customer with prior approval.
    63.4 If the service cannot be provisioned at the other geographical location, the Viva Fibre contract will be cancelled at no cost to the customer.
    63.5 If the Viva Fibre service contract is cancelled due to Viva not being able to provide a service at a new location, then the customer will be liable for any outstanding fees applicable to the customer equipment.
    
    FIXED VOICE
64. The Viva Fibre Fixed Voice service is not dependent on a Viva Fibre Broadband installation.
65. The customer will receive a Viva Fibre Fixed Voice non-geographic telephone number.
66. The customer can port a geographical telephone number to the Viva Fibre Fixed Voice service.
67. All national on-net (Viva Fibre to Viva Fibre and Viva Fibre to Viva Telecoms) and offnet (Viva Fibre to any other operators) calls will be deducted from the Viva Fibre Fixed Voice price plan allocations or at the default out-of-bundle rates if the price plan allocation is depleted.
68. All international calls will be charged at the current Viva international calling rates.