| 1) | If, in terms of any agreement, a consumer agrees or is required to pay— |
| a) | a one-time or periodic membership fee or any similar charge; or |
| b) | any amount in respect of services or access to services to be provided at a date more than 25 business days after the payment is made, other than by way of a prepayment device contemplated in section 63, |
the amount so paid remains the property of the consumer until the supplier makes a charge against it in accordance with subsection (2).
| 2) | A supplier may make a charge against the consumer’s money contemplated in subsection (1) once each month in advance for the pro-rata portion of the amount so held, as required to pay the ensuing month’s cost of the membership or service. |
| 3) | If a supplier intends to close a facility to which the supplier has committed to provide future access in terms of an agreement with a consumer to provide any service, without making available a reasonably accessible alternative facility, the supplier must — |
| a) | give written notice of that intention to such consumer at least 40 business days before the intended date of closure; and |
| b) | no later than five business days after closing that facility, refund to such consumer the balance of any money belonging to that consumer in terms of this section. |
| 4) | Subsection (3)(b), read with the changes required by the context, applies equally in respect of any involuntary closing of a facility contemplated in this section. |
