Terms and Condition
Terms of Service
This Internet based TV Distribution Service Agreement is dated as Subscriber Signup, and is made by Distributors Collectively as ("Provider") and Online Signup Users ("Client").
Section 1 General Provisions
How we use the information we collect:
Article 1 Scope of Application
These Terms of Service shall apply to Provider and Client. Some contents have geography limitation so may apply different terms and block the access of contents from the region were we don't have rights.
Article 2 Amendments to these Terms of Service
1. The Company may amend these Terms of Service without the consent from the Subscribers. Service fees and other terms and conditions for the provision of the Service after the amendment of these Terms of Service shall be governed by the amended version of these Terms of Service.
Article 3 Notices, Communications, etc.
1. Any notices, communications, etc. from the Company to the Subscribers will be posted on the web site of the Company.
2. The Subscribers shall, from time to time, access the start-up screen or the web site of the Company to check for any notice or communication posted thereon.
3. If any notice shall be provided by the Company to the Subscribers in accordance with these Terms of Service or any other individual terms, the Company may, in lieu of delivery the notice to the Subscribers, post it on the start-up screen or the web site of the Company.
4. Any notice or communication shall be deemed to have been duly served to the Subscribers 24 hours after being posted on the start-up screen or the web site of the Company, regardless of whether or not the Subscribers have checked for the notice or communication posted thereon.
Article 4 Method of Provision of the Service
The Service shall be provided by the method specified in item 1 of Appendix 1.
Article 5 Service Items
Service items shall be specified per each category of Service.
Section 2 Service Use Agreement
Article 6 Individuality of Service Use Agreement
An agreement for the use of the Service shall be made individually for each Service item to be used by the Subscribers.
Section 3 Application for Use
Article 7 Application for Use
A person who wishes to apply for an agreement for the use of the Service (hereinafter referred to as the "Application for Use") shall submit to the Company an application containing the following information in the form prescribed by the Company.
1. The name or trade name and contact details of the person who applies for the Application for Use; the name of the representative if the person is a legal person;
2. The item of the Service to be applied for; and
3. Other information necessary to use the Service.
Article 8 Conclusion of Service Use Agreement
An agreement for the use of the Service is concluded upon acceptance by the Company of the Application for Use submitted by the applicant.
Article 9 Rejection of Application
1. The Company may refuse to accept the Application for Use of the Service for any of the following reasons.
1. It is difficult to provide the Service for technical or other reasons;
2. At the time of the Application for Use, the applicant is being suspended from the use of the Service for a breach of these Terms of Service or other reasons; or an agreement for the use of the Service with the applicant has been terminated in the past for a breach of these Terms of Service or other reasons;
3. The information provided in the Application for Use contains a false statement;
4. At the time of the Application for Use, the applicant is in arrears in respect of any payment of the Service fees or other charges; or the applicant has failed to meet any of such payment obligations in the past;
5. The applicant is a minor and is found to have not obtained the consent of his/her parent to make the application;
6. The acceptance of the application can create a serious obstacle for the operations of the Company; or
7. There are other reasons for the Company to determine that it is inappropriate to accept the application.
2. In the event that the Company has refused to accept the application in accordance with the provisions of the preceding paragraph, the Company will notify the applicant to that effect.
Article 10 Contracting with Other Service Providers for the Purpose of Using the Service
It is the responsibility of the Subscribers to contact with an ISP (internet service provider) and Associated Hardware used for the reliable Internet connection which is essential for the use of the Service. An Internet connection using broadband fiber or other high speed access will be required for the Subscribers to use services provided by the Company.
Section 4 Change with respect to Agreed Matters
Article 11 Change with respect to Agreed Matters
1. The Subscribers can change the location of the Access to the Service without notice but Stability of the Internet Service Provider matters so Client should make sure that everything are running fine with own responsibility. Client can contact and consult with Provider Support team anytime for any issue happened or need of consultation to make service stable.
Article 12 Succession to the Contractual Status of a Legal Person
1. If, in the case where a Subscriber is a legal person, the Subscriber undergoes a change in ownership through merger, consolidation or otherwise, the entity surviving the merger or the entity formed by consolidation shall provide the Company with a notice of such change together with a document to evidence the change within 30 days after the change becomes effective.
Article 12 Succession to the Contractual Status of a Legal Person
1. If, in the case where a Subscriber is an individual person, the Subscriber dies, the Service will cease to be provided with respect to such individual Subscriber; provided, however, that the successor of the deceased (in cases where there are more than one successor, a single one of them who has succeeded to the status of the Subscriber by the partition of the estate) may continue to use the Service by applying to the Provider for the continued use any time after the commencement of the inheritance. The successor shall take over the status of the deceased Subscriber under the relevant Service use agreement. Provider service is prepay basis so whatever amount paid shall have specific validity of the Service access so contract remains active for that valid period. Anytime Client request for renewal will again activate the continuation of Service Contract.
Article 14 Change of Address
1. If a Subscriber moves to a new address or location, the Subscriber can arrange the Service Setup by its own or can follow up with Provider Support. Service shall remain active until subscription expiry even if Customer do not use the service during moving to new location.
2. Client is responsible to pay for the Service Fee during the period of moving from one location and other. Company shall reserve the right to refuse to accept the change for technical or other reasons for next renewal
Article 15 Change to Service Package to Use
1. Any Subscriber may apply for a change of service package while doing the renewal of the package. If want to change it before the renewal shall subject to the additional fee on the top of actual changes as per package price.
Article 16 Prohibition of Assignment of the Subscriber? Fs Right
The Clients may not assign their right to use the Service to any third party. Subscriber dont have rights to re-use or misuse the service
Section 5 Suspension of the Provision of the Service
Article 17 Cessation of the Provision of the Service
- 1. If any one of the following events occurs in respect of a Subscriber, the Company may cease to provide the Service by establishing a certain period without any prior notice to the Subscriber.
- A report or notification submitted to the Company contains a false statement. If subscribe trying to misuse the contents like recording or archiving to reproduce, reseller to others and if we notice such act then service shall be suspended without any notice and no refund will be made even service suspended
- The Subscriber is in arrears or default of any payment of Service fees or other obligations due to the Company
- The Subscriber has breached any provision of these Terms of Service or any of the terms of an individual agreement with the Company;
- The Company determines that the Subscriber is not appropriate for the subscribership; or
- For STB users, if provided STB is relocated to a location outside the area where the Service is provided.
Article 18 Temporary Suspension of the Provision of the Service
- 1. If any one of the following cases occurs, the Company may temporarily suspend the provision of the Service.
- 2. The case where the suspension is necessary for the purpose of maintenance of or an engineering work on the Company?fs telecommunications system;
- 3. The case where the Company?fs telecommunications system runs into trouble, and/or Internet failure. Company does not and cannot control the flow of streaming to or from the Company Network or within to any portion of the internet. Such flow in a large part on the performance of the internet service provider or controlled by third parties. At times, action or omissions of such third parties can impair or disrupt subscriber connections to the internet (or portion thereof). Although Company will use commercially reasonable efforts to take actions it deems appropriate to a remedy and avoid such events, Company cannot guarantee that such events will not occur, which makes the suspension necessary
- 4. The case where the telecommunications system of the Internet service provider who provides the Internet connection to the Company is on maintenance or runs into trouble, which makes the suspension necessary;
- 5. The case where Restrictions on the Use of Telecommunications shall apply;
- 6. The case where the suspension is necessary as a protective measure in the event that there is a possibility that the provision of the Service may result in causing damage to the networks of the Company or other networks, or where it is determined that the provision of the Service may contribute to an action aimed at destroying or attacking the networks of the Company or other networks;
- 7.The case where as the result of the cessation by a designated telecommunication carrier of its telecommunications service it becomes difficult to provide the Service.
- 2.In the event that the Company intends to suspend the provision of the Service in, the Company will notify the Subscribers in website notice. Company is not responsible to pay or compensate for the service period that went down during continuous emergency failure for less than 24 hours. If anything happens or downtime occurred because of Client side issues including purchased STB trouble are not the responsibility of Provider
Article 19 Restrictions on the Use of Telecommunications
- 1. If, as a result of the occurrence of a natural disaster, accident event or other emergency situation, the communications lines are congested to such an extent that it becomes impossible to keep all or some of the communications lines open, the Company may take steps to restrict or temporarily suspend the provision of the Service in order to give priority to the handling of the communications relating to urgent matters that are necessary to protect the public interest.
- 2. When a natural disaster or other emergency occurs or threatens to occur, the Company may, in accordance with the provisions of the Telecommunications Business Law, take steps to restrict the use of the Service in order to give priority to the handling of the communications relating to matters that are essential for the prevention of or relief from disasters, for securing of transportation, communications or electric power supplies, or for the maintenance of public order, or of the communications that are urgently needed to protect the public interest.
- 3. The Company may restrict the use of the Service by a Subscriber if the Subscriber commits an act that causes excessive load on the telecommunications system of the Company.
- 4.The Company services for the channels (content ) may be changed, modified or altogether cut-off at the sole discretion of Company and/or upon the unavailability of the said channels (content ) for whatever cause without a prior notice.
Article 20 Permanent Discontinuance of the Service
- 1. The Company may permanently discontinue all or part of the Service for commercial, technical or other reasons.
- 2. In the case of the preceding paragraph, the Company will notify in advance the affected Subscriber of the details of the amendment in a manner prescribed by the Company.
- 3. The Company shall not be held liable for any damage incurred by the Subscribers as a result of the permanent discontinuance.
Section 6 Termination of the Service Use Agreement
Article 21 Termination of the Service Use Agreement by the Company
- 1. In cases where the Service ceases to be provided in accordance with the provisions Cessation of the Provision of the Service), if the Subscriber fails to eliminate the cause of cessation within the time frame of the cessation period, the Company may terminate the relevant Service use agreement without any prior notice to the Subscriber.
- 2. If, in respect of a Subscriber, any one of the events listed in the respective items Cessation of the Provision of the Service) occurs and if such an event is considered likely to cause an obstacle for the operations of the Company, the Company may, in lieu of ceasing the provision of the Service under the Article, terminate the relevant Service use agreement without any prior notice to the Subscriber.
- 3. In cases where the Service is permanently discontinued by the Company, the Company may terminate any applicable Service use agreement.4. In the event that the Company intends to terminate a Service use agreement in accordance with the provisions of preceding three paragraphs, the Company will notify the Subscribers in a manner specified by the Company.
Article 22 Termination of the Service Use Agreement by the Subscriber
If a Subscriber intends to terminate a Service use agreement, the Subscriber may terminate the agreement, effective as of the date desired by the Subscriber, upon application to the Company. Even after the application for the termination of the Service use agreement has been made pursuant to the preceding paragraph, the Subscriber shall be responsible for the payment of the Service fees or any other amounts payable to the Company which have accrued prior to the termination of the relevant Service use agreement. If a Subscriber terminates a Service use agreement, the Subscriber shall, at Subscriber's cost, return all equipment and other articles loaned by the Company in connection with that agreement at the instruction of the Company. In the event of termination of a Service use agreement by a Subscriber, the Company shall have no obligation to refund any amounts previously paid for the initial cost, Service fees or other charges due to the Company.
Section 7 Service Fees and Charges
Article 23 Service Fees and Charges
A Subscribers shall be obligated to pay the Service fees and other charges due from the date on which the Company commences to provide the Service to the Subscriber. The Subscriber shall pay the Service fees and other charges set forth in these Terms of Service in a manner prescribed by the Company. The Company may amend the Service fees and other charges at any time and from time-to-time. If the Service fees or other charges are amended, the Company will notify the affected Subscribers by posting the notice on the Company's website or by any other means that the Company considers appropriate. Article 24 Service Fees and Other Charges Billing Date and Date of Payment Except in the cases of the paragraphs 2 and 3, the Service fees and other charges shall be paid through the Bank, Online Credit Card (Paypal), Cash on Delivery, Smart Pit payment system in advance. The Company may charge the initial Service fee if onsite setup is needed to offer the service. Amount shall be defined in case by case as per the cost required for transportation and time that needs to spend by Compapny Onsite Technician. The payment of the initial Service fee shall be made in advance. The Subscriber shall pay 10% of Service Support Fee on the top of defined package price
Article 25 Surcharge
In the event that a Subscriber has illegally evaded the payment of Service fees or other charges, the Subscriber shall pay a surcharge equal to double the amount of the fees and/or charges evaded, on top of the amount so evaded, on or prior to a date designated by the Company in a lump sum payment.
Article 26 Adjustment of Payment in case of Unavailability of the Service
In cases where, for reasons attributable to the Company, a specific type of the Service becomes entirely unavailable and the unavailability (including the circumstance in which due to serious disturbances in all of the communications using the system of the Company relating to the relevant agreement the Service cannot practically be used; hereinafter the same shall apply in this Article) continues for 24 hours or more from the time when the Company becomes aware of it (which is referred to as the "starting point of counting"), the Subscribers shall be exempted from payment of the Service fees and other charges payable for the number of days calculated by dividing the total number of hours of unavailability by 24 hours (the number of days less than 24 hours shall be disregarded) (the exempt amount shall be calculated by multiplying the number of days as calculated above by the applicable daily amount which is obtained by dividing by 365 the monthly amount of the Service fees and other charges multiplied by 12; such exempt amount shall be hereinafter referred to as the "Exempt Subscriber Fees"); provided, however, that the foregoing provision shall not apply if the provision of the Service is suspended in accordance with the provisions of Article 18 (Temporary Suspension of the Provision of the Service). In the case of the preceding paragraph, the Company will refund the Exempt Subscriber Fees in a manner that the Company considers appropriate. The provisions of preceding two paragraphs shall not apply in cases where the Service is unavailable for any other reason except as a result of the willful misconduct or gross negligence of the Company. For the avoidance of doubt, an unavailability of the Service caused by the facilities of other service providers who entered into an agreement with a Subscriber in accordance with Article 10 (Contracting with Other Service Providers for the Purpose of Using the Service) shall not constitute a reason attributable to the Company for the purposes of the provision.
Article 27 No Refund of Service Fees and Other Charges
Unless otherwise expressly provided in these Terms of Service or any other individual terms, the Company shall be under no obligation whatsoever, for any reason, to refund any amounts previously paid for the initial cost, Service fees, Terminal Device (Set Top Box, STB) or other charges due to the Company. Company don't offer any refund policy so Company is offering Free Trail Access for the Service to make sure of Client Internet and other associated environment are favorable to access Company Service before buying the actual packages
Section 8 Connection to Network
Article 29 Contract for Internet Connection, etc.
The Subscribers shall contract with an ISP (internet service provider) for the Internet connection which is essential for the use of the Service.
Article 30 Connecting Method
The Company will provide the Subscribers with the Service of a technical level specified by the Company and in accordance with these Terms of Service.
Article 31 Connection to Network and Connecting Point
As a rule, the Subscribers shall connect its STB at a connecting point determined by the Subscribers themselves.
Article 32 Management of the STB by the Company
The Subscribers shall observe the following rules: The Subscribers shall not remove, alter, disassemble or destroy the STB without the approval of the Company. The Subscribers shall manage the STB of the Company with due care of a prudent manager. If a Subscriber has lost or damaged the STB of the Company in violation of the provisions of the preceding paragraph, the Subscriber shall retrieve or repair the device at its own expense on or before the date specified by the Company. The repair work shall be performed by the Company or a contractor designated by the Company.
Article 33 Procedure for Dealing with Troubles with the STB
If the STB of the Company in the possession of a Subscriber fails to operate properly, the Subscriber shall immediately notify the Company to that effect. Upon receipt of the notice under the preceding paragraph, Support team will investigate the cause of the failure and repair the device if possible. Any cost associated with repair shall be paid by Customer If the investigation finds that there is nothing wrong with the STB of the Company, the Subscriber shall bear the expenses incurred for the investigation conducted. Even in the event that the Subscriber is prevented from using the Service as a result of a fault with the STB of the Company, the provisions of Article 20 (Permanent Discontinuance of the Service) shall not apply and the Subscriber shall not be exempted from payment of the Service fees and other charges applicable to the period during which the Service was interrupted. Subject to the provisions of this Article, the Company shall not be liable for any damages resulting in connection with the fault of the STB of the Company, including cases where the fault prevented other devices than the STB of the Company from being utilized. Purchase or Rental use of STB and Subscription package purchase are separate deal and agreement.
Section 9 Miscellaneous Provisions
Article 34 Protection of Personal Information, etc. The Company will comply with the Act on the Protection of Personal Information (Law No. 57 of 2003), the Basic Policies on Protecting Personal Information (Cabinet Ordinance of April 2, 2004) and the Guidelines for the Protection of Personal Information of Broadcast Service Users in order to protect the personal information of the Subscriber acquired in connection with the provision of the Service, and will not disclose or divulge such personal information to any third party other than the Subscriber, nor use the same beyond the scope necessary for the purpose of providing the Service, except in the cases mentioned in the following items: Cases in which the Company provides personal information to an entity entrusted by the Company with, or cooperating with the Company in, the handling of matters necessary for the provision of the Service under an agreement by which the entity is obligated to manage the personal information in an appropriate manner; Cases in which personal information is collected or analysed for the purpose of improving the quality of the Service; In cases where the results of the collection or analysis under the preceding item are disclosed or provided to third parties in a manner that does not allow for the identification of individuals; In cases where the personal information of a specific Subscriber is used or disclosed with the voluntary consent of the Subscriber; In cases where under a judicial search warrant, seizure or some other compulsory process is carried out; where an inquiry concerning personal information is made by a person legally authorized to make such inquiry ; or where the provision of personal information is necessary to comply with applicable laws and regulations; In cases where the requirements for requesting for disclosure under Article 4 (Request for Disclosure of Sender Information etc.) of the Law concerning Limitation of Damages to Specific Telecommunications Service Provider and Disclosure of Sender Information are satisfied; or In cases where disclosure is permitted under the Act on the Protection of Personal Information.
Article 36 Maintenance
The Company will maintain the telecommunications facilities installed by the Company so that they continue to comply with the Regulations on Telecommunications Facilities for Business Purposes
Article 37 Obligations of the Subscribers
The Subscribers shall be responsible for managing the account and password issued by the online system of Company (hereinafter referred to as the "Account, etc."). If the Account, etc. has been forgotten or lost, the Subscriber shall promptly notify the Company. In cases where the Subscribers engage in communications through other networks (domestic), the Subscribers shall comply with the regulations of all networks involved. In addition to the preceding paragraph, the Company may impose certain restrictions on the use of the Service depending on the type of the Service, and the Subscribers shall comply with these restrictions. The Subscribers shall be responsible with respect to any information transmitted by them through the Service and shall not cause any trouble or damage to the Company in this respect. In the event that a Subscriber has caused any damage to or any dispute with other parties in connection with the use of the Service, the Subscriber shall resolve such problem or dispute at its own expense and responsibility and shall not cause any trouble or damage to the Company in this respect. Article 38 Prohibitions When using the Service, the Subscribers shall not engage in any of the following acts: An act that violates, or is likely to violate, the copyrights or other rights of others or the Company; An act that that impairs, or is likely to impair, the property, the privacy or the rights of likeness of others or the Company; An act that that interferes with the receipt of e-mails by others, an act that causes disadvantage or damage to others or the Company or an act that is likely to cause such interference, disadvantage or damage; An act that slanders or defames, or injures the reputation or credit of, others or the Company, or an act that is likely to cause such slander, defame or injury; An act that contravenes, or is likely to contravene, public order and decency, or an act of providing others with information that offends public order and decency; An act that constitutes or leads to a crime, or an act that is likely to constitute or lead to a crime; An act of providing information that is contrary to fact or that may be contrary to fact; An act that violates the Law on Proscribing Stalking Behavior and Assisting Victims An act of operating a pyramid scheme or soliciting for participation in a pyramid scheme; An act of altering or deleting information of the Company or others that is accessible through the Service;/li> An act that violates the Public Offices Election Law, such as preelection campaigning; An act of sending others without permission e-mails for advertisement, promotion or solicitation purposes, or sending nuisance e-mails; or an act of requesting others to forward chain e-mails or of accepting such request to forward chain e-mails; An act of collecting personal information of any other person or private information of any other company without permission of the person or the company or in an unlawful manner; An act that disturbs the operation of the Service or harm the credibility of the Service; An act of using the Account, etc. in an unauthorized manner; An act of gaining access to the facilities of the Company or others without authorization; An act of using or providing computer viruses or other harmful programs through or in connection with the Service; Any other act that violates or threatens to violate any law or regulation; An act of providing links to the sites where any of the acts referred to in the preceding items is observed (including those performed by others), with the intention of encouraging such act; An act of permitting a third party to use the Service for consideration without the prior written consent of the Company; or Any other act that the Company considers inappropriate. If it is confirmed that any of the acts listed in paragraph 1 has been committed, the Company will terminate the relevant Service use agreement in accordance with Article 21 (Termination of the Service Use Agreement by the Company).
Article 38 Limitation of Liability
The Company makes no warranty with respect to the completeness, accuracy, reliability, usefulness or any other aspect of the content of the Service or of the information obtained through the Service. Provided contents may keeps on changes as per the agreement or understanding with respective content owners so numbe of channels (live or on demand) may keeps on UP and DOWN without prior notice Except as otherwise expressly provided in these Terms of Service or any other individual terms, the Company shall not be liable for any damage suffered by the Subscribers in connection with the Service including those resulting from the provision, delay in provision, change, suspension, cessation or permanent discontinuation of the Service, or the leakage or loss of the information registered or provided through the Service.
Article 40 Copyrights and Other Rights
The Subscribers acknowledge that all copyrights and other proprietary rights in the information and materials provided by the Company to the Subscribers through the Service (including without limitation images, sounds, texts, etc.; hereinafter the same shall apply.) shall be the sole property of the Company or a third party that provided the Company with the information and materials. The Subscribers shall use the information and materials provided by the Company through the Service solely for their personal purposes, and shall not use the information for any commercial purposes, or forward the information to others or post the information on a web site accessible by the general public, nor shall the Subscriber reproduce, publish, broadcast or publicly transmit, or permit any third party to reproduce, publish, broadcast or publicly transmit the information beyond the scope of personal use.
Article 40 Copyrights and Other Rights
Article 41 Jurisdiction
Any dispute between a Subscriber or Subscribers and the Company that may arise in connection with the Service shall be submitted to the exclusive jurisdiction of the Respective Content owners Headquarter based Country in the first instance. Executed On the Behalf of Content Owners and Providers Appendix 1 Provision of the Service TV CHANNEL SERVICES. ITEMS DESCRIPTION STB System A system that allows viewing of the distributed channels by connecting the set top box to the devices PC System A system that allows viewing of the distributed channels to PC or mobile device by login to our distribution website. Appendix 2 Service Fees and Other Charges 1-1 Initial Cost Ref to website as price keeps on changes upon Service Provider decisions of Service This Internet based TV Distribution Service Agreement is dated as Subscriber Signup, and is made by Distributors Collectively as ("Provider") and Online Signup Users ("Client").
Section 1 General Provisions
Article 1 Scope of Application
These Terms of Service shall apply to Provider and Client. Some contents have geography limitation so may apply different terms and block the access of contents from the region were we don't have rights.
Article 2 Amendments to these Terms of Service
1. The Company may amend these Terms of Service without the consent from the Subscribers. Service fees and other terms and conditions for the provision of the Service after the amendment of these Terms of Service shall be governed by the amended version of these Terms of Service.
Article 3 Notices, Communications, etc.
Any notices, communications, etc. from the Company to the Subscribers will be posted on the web site of the Company. The Subscribers shall, from time to time, access the start-up screen or the web site of the Company to check for any notice or communication posted thereon. If any notice shall be provided by the Company to the Subscribers in accordance with these Terms of Service or any other individual terms, the Company may, in lieu of delivery the notice to the Subscribers, post it on the start-up screen or the web site of the Company. Any notice or communication shall be deemed to have been duly served to the Subscribers 24 hours after being posted on the start-up screen or the web site of the Company, regardless of whether or not the Subscribers have checked for the notice or communication posted thereon.
Article 4 Method of Provision of the Service
The Service shall be provided by the method specified in item 1 of Appendix 1.
Article 5 Service Items
Service items shall be specified per each category of Service.
Section 2 Service Use Agreement
Article 6 Individuality of Service Use Agreement
An agreement for the use of the Service shall be made individually for each Service item to be used by the Subscribers.
Section 3 Application for Use
Article 7 Application for Use
A person who wishes to apply for an agreement for the use of the Service (hereinafter referred to as the "Application for Use") shall submit to the Company an application containing the following information in the form prescribed by the Company. The name or trade name and contact details of the person who applies for the Application for Use; the name of the representative if the person is a legal person; The item of the Service to be applied for; and Other information necessary to use the Service.
Article 9 Rejection of Application
The Company may refuse to accept the Application for Use of the Service for any of the following reasons. It is difficult to provide the Service for technical or other reasons; At the time of the Application for Use, the applicant is being suspended from the use of the Service for a breach of these Terms of Service or other reasons; or an agreement for the use of the Service with the applicant has been terminated in the past for a breach of these Terms of Service or other reasons; The information provided in the Application for Use contains a false statement; At the time of the Application for Use, the applicant is in arrears in respect of any payment of the Service fees or other charges; or the applicant has failed to meet any of such payment obligations in the past; The applicant is a minor and is found to have not obtained the consent of his/her parent to make the application; The acceptance of the application can create a serious obstacle for the operations of the Company; or There are other reasons for the Company to determine that it is inappropriate to accept the application. In the event that the Company has refused to accept the application in accordance with the provisions of the preceding paragraph, the Company will notify the applicant to that effect.
Article 10 Contracting with Other Service Providers for the Purpose of Using the Service
It is the responsibility of the Subscribers to contact with an ISP (internet service provider) and Associated Hardware used for the reliable Internet connection which is essential for the use of the Service. An Internet connection using broadband fiber or other high speed access will be required for the Subscribers to use services provided by the Company.
Section 4 Change with respect to Agreed Matters
Article 11 Change with respect to Agreed Matters
The Subscribers can change the location of the Access to the Service without notice but Stability of the Internet Service Provider matters so Client should make sure that everything are running fine with own responsibility. Client can contact and consult with Provider Support team anytime for any issue happened or need of consultation to make service stable.
Article 12 Succession to the Contractual Status of a Legal Person
1. If, in the case where a Subscriber is a legal person, the Subscriber undergoes a change in ownership through merger, consolidation or otherwise, the entity surviving the merger or the entity formed by consolidation shall provide the Company with a notice of such change together with a document to evidence the change within 30 days after the change becomes effective.
Article 13 Succession to the Contractual Status of an Individual
1. If, in the case where a Subscriber is an individual person, the Subscriber dies, the Service will cease to be provided with respect to such individual Subscriber; provided, however, that the successor of the deceased (in cases where there are more than one successor, a single one of them who has succeeded to the status of the Subscriber by the partition of the estate) may continue to use the Service by applying to the Provider for the continued use any time after the commencement of the inheritance. The successor shall take over the status of the deceased Subscriber under the relevant Service use agreement. Provider service is prepay basis so whatever amount paid shall have specific validity of the Service access so contract remains active for that valid period. Anytime Client request for renewal will again activate the continuation of Service Contract.
Article 14 Change of Address
If a Subscriber moves to a new address or location, the Subscriber can arrange the Service Setup by its own or can follow up with Provider Support. Service shall remain active until subscription expiry even if Customer do not use the service during moving to new location. Client is responsible to pay for the Service Fee during the period of moving from one location and other. Company shall reserve the right to refuse to accept the change for technical or other reasons for next renewal
Article 15 Change to Service Package to Use
1. Any Subscriber may apply for a change of service package while doing the renewal of the package. If want to change it before the renewal shall subject to the additional fee on the top of actual changes as per package price. Article 16 Prohibition of Assignment of the Subscriber? Fs Right The Clients may not assign their right to use the Service to any third party. Subscriber dont have rights to re-use or misuse the service
Section 5 Suspension of the Provision of the Service
Article 17 Cessation of the Provision of the Service
- 1. If any one of the following events occurs in respect of a Subscriber, the Company may cease to provide the Service by establishing a certain period without any prior notice to the Subscriber.
- A report or notification submitted to the Company contains a false statement. If subscribe trying to misuse the contents like recording or archiving to reproduce, reseller to others and if we notice such act then service shall be suspended without any notice and no refund will be made even service suspended
- The Subscriber is in arrears or default of any payment of Service fees or other obligations due to the Company
- The Subscriber has breached any provision of these Terms of Service or any of the terms of an individual agreement with the Company;
- The Company determines that the Subscriber is not appropriate for the subscribership; or
- For STB users, if provided STB is relocated to a location outside the area where the Service is provided.
Article 18 Temporary Suspension of the Provision of the Service
- 1. If any one of the following cases occurs, the Company may temporarily suspend the provision of the Service.
- 1. The case where the suspension is necessary for the purpose of maintenance of or an engineering work on the Company?fs telecommunications system;
- 2. The case where the Company?fs telecommunications system runs into trouble, and/or Internet failure. Company does not and cannot control the flow of streaming to or from the Company Network or within to any portion of the internet. Such flow in a large part on the performance of the internet service provider or controlled by third parties. At times, action or omissions of such third parties can impair or disrupt subscriber connections to the internet (or portion thereof). Although Company will use commercially reasonable efforts to take actions it deems appropriate to a remedy and avoid such events, Company cannot guarantee that such events will not occur, which makes the suspension necessary
- 3. The case where the telecommunications system of the Internet service provider who provides the Internet connection to the Company is on maintenance or runs into trouble, which makes the suspension necessary;
- 4. The case where Restrictions on the Use of Telecommunications shall apply;
- 5. The case where the suspension is necessary as a protective measure in the event that there is a possibility that the provision of the Service may result in causing damage to the networks of the Company or other networks, or where it is determined that the provision of the Service may contribute to an action aimed at destroying or attacking the networks of the Company or other networks;
- 6. The case where as the result of the cessation by a designated telecommunication carrier of its telecommunications service it becomes difficult to provide the Service.
- 2. In the event that the Company intends to suspend the provision of the Service in, the Company will notify the Subscribers in website notice. Company is not responsible to pay or compensate for the service period that went down during continuous emergency failure for less than 24 hours. If anything happens or downtime occurred because of Client side issues including purchased STB trouble are not the responsibility of Provider
Article 19 Restrictions on the Use of Telecommunications
- 1. If, as a result of the occurrence of a natural disaster, accident event or other emergency situation, the communications lines are congested to such an extent that it becomes impossible to keep all or some of the communications lines open, the Company may take steps to restrict or temporarily suspend the provision of the Service in order to give priority to the handling of the communications relating to urgent matters that are necessary to protect the public interest.
- 2. When a natural disaster or other emergency occurs or threatens to occur, the Company may, in accordance with the provisions of the Telecommunications Business Law, take steps to restrict the use of the Service in order to give priority to the handling of the communications relating to matters that are essential for the prevention of or relief from disasters, for securing of transportation, communications or electric power supplies, or for the maintenance of public order, or of the communications that are urgently needed to protect the public interest.
- 3. The Company may restrict the use of the Service by a Subscriber if the Subscriber commits an act that causes excessive load on the telecommunications system of the Company.
- 4.The Company services for the channels (content ) may be changed, modified or altogether cut-off at the sole discretion of Company and/or upon the unavailability of the said channels (content ) for whatever cause without a prior notice.
Article 20 Permanent Discontinuance of the Service
- 1. The Company may permanently discontinue all or part of the Service for commercial, technical or other reasons.
- 2. In the case of the preceding paragraph, the Company will notify in advance the affected Subscriber of the details of the amendment in a manner prescribed by the Company.
- 3. The Company shall not be held liable for any damage incurred by the Subscribers as a result of the permanent discontinuance.
Section 6 Termination of the Service Use Agreement
Article 21 Termination of the Service Use Agreement by the Companyt
- In cases where the Service ceases to be provided in accordance with the provisions Cessation of the Provision of the Service), if the Subscriber fails to eliminate the cause of cessation within the time frame of the cessation period, the Company may terminate the relevant Service use agreement without any prior notice to the Subscriber.
- If, in respect of a Subscriber, any one of the events listed in the respective items Cessation of the Provision of the Service) occurs and if such an event is considered likely to cause an obstacle for the operations of the Company, the Company may, in lieu of ceasing the provision of the Service under the Article, terminate the relevant Service use agreement without any prior notice to the Subscriber.
- In cases where the Service is permanently discontinued by the Company, the Company may terminate any applicable Service use agreement.4. In the event that the Company intends to terminate a Service use agreement in accordance with the provisions of preceding three paragraphs, the Company will notify the Subscribers in a manner specified by the Company.
Article 22 Termination of the Service Use Agreement by the Subscriber
- 1.If a Subscriber intends to terminate a Service use agreement, the Subscriber may terminate the agreement, effective as of the date desired by the Subscriber, upon application to the Company.
- 2.Even after the application for the termination of the Service use agreement has been made pursuant to the preceding paragraph, the Subscriber shall be responsible for the payment of the Service fees or any other amounts payable to the Company which have accrued prior to the termination of the relevant Service use agreement.
- 3. If a Subscriber terminates a Service use agreement, the Subscriber shall, at Subscriber's cost, return all equipment and other articles loaned by the Company in connection with that agreement at the instruction of the Company.
- 4.In the event of termination of a Service use agreement by a Subscriber, the Company shall have no obligation to refund any amounts previously paid for the initial cost, Service fees or other charges due to the Company.
Section 7 Service Fees and Charges
Article 23 Service Fees and Charges
- 1. A Subscribers shall be obligated to pay the Service fees and other charges due from the date on which the Company commences to provide the Service to the Subscriber.
- 2. The Subscriber shall pay the Service fees and other charges set forth in these Terms of Service in a manner prescribed by the Company.
- 3. The Company may amend the Service fees and other charges at any time and from time-to-time. If the Service fees or other charges are amended, the Company will notify the affected Subscribers by posting the notice on the Company's website or by any other means that the Company considers appropriate.
Article 24 Service Fees and Other Charges Billing Date and Date of Payment
- 1. Except in the cases of the paragraphs 2 and 3, the Service fees and other charges shall be paid through the Bank, Online Credit Card (Paypal), Cash on Delivery, Smart Pit payment system in advance.
- 2. The Company may charge the initial Service fee if onsite setup is needed to offer the service. Amount shall be defined in case by case as per the cost required for transportation and time that needs to spend by Compapny Onsite Technician. The payment of the initial Service fee shall be made in advance.
- 3.The Subscriber shall pay 10% of Service Support Fee on the top of defined package price
Article 25 Surcharge
In the event that a Subscriber has illegally evaded the payment of Service fees or other charges, the Subscriber shall pay a surcharge equal to double the amount of the fees and/or charges evaded, on top of the amount so evaded, on or prior to a date designated by the Company in a lump sum payment.
Article 26 Adjustment of Payment in case of Unavailability of the Service
- 1. In cases where, for reasons attributable to the Company, a specific type of the Service becomes entirely unavailable and the unavailability (including the circumstance in which due to serious disturbances in all of the communications using the system of the Company relating to the relevant agreement the Service cannot practically be used; hereinafter the same shall apply in this Article) continues for 24 hours or more from the time when the Company becomes aware of it (which is referred to as the "starting point of counting"), the Subscribers shall be exempted from payment of the Service fees and other charges payable for the number of days calculated by dividing the total number of hours of unavailability by 24 hours (the number of days less than 24 hours shall be disregarded) (the exempt amount shall be calculated by multiplying the number of days as calculated above by the applicable daily amount which is obtained by dividing by 365 the monthly amount of the Service fees and other charges multiplied by 12; such exempt amount shall be hereinafter referred to as the "Exempt Subscriber Fees"); provided, however, that the foregoing provision shall not apply if the provision of the Service is suspended in accordance with the provisions of Article 18 (Temporary Suspension of the Provision of the Service).
- 2. In the case of the preceding paragraph, the Company will refund the Exempt Subscriber Fees in a manner that the Company considers appropriate.
- 3. The provisions of preceding two paragraphs shall not apply in cases where the Service is unavailable for any other reason except as a result of the willful misconduct or gross negligence of the Company.
- 4.For the avoidance of doubt, an unavailability of the Service caused by the facilities of other service providers who entered into an agreement with a Subscriber in accordance with Article 10 (Contracting with Other Service Providers for the Purpose of Using the Service) shall not constitute a reason attributable to the Company for the purposes of the provision.
Article 27 No Refund of Service Fees and Other Charges
Unless otherwise expressly provided in these Terms of Service or any other individual terms, the Company shall be under no obligation whatsoever, for any reason, to refund any amounts previously paid for the initial cost, Service fees, Terminal Device (Set Top Box, STB) or other charges due to the Company. Company don't offer any refund policy so Company is offering Free Trail Access for the Service to make sure of Client Internet and other associated environment are favorable to access Company Service before buying the actual packages
Section 8 Connection to Network
Article 29 Contract for Internet Connection, etc.
The Subscribers shall contract with an ISP (internet service provider) for the Internet connection which is essential for the use of the Service.
Article 30 Connecting Method
The Company will provide the Subscribers with the Service of a technical level specified by the Company and in accordance with these Terms of Service.
Article 31 Connection to Network and Connecting Point
As a rule, the Subscribers shall connect its STB at a connecting point determined by the Subscribers themselves.
Article 32 Management of the STB by the Company
- 1. The Subscribers shall observe the following rules:
- 2. The Subscribers shall not remove, alter, disassemble or destroy the STB without the approval of the Company.
- 3. The Subscribers shall manage the STB of the Company with due care of a prudent manager.
- 4. If a Subscriber has lost or damaged the STB of the Company in violation of the provisions of the preceding paragraph, the Subscriber shall retrieve or repair the device at its own expense on or before the date specified by the Company. The repair work shall be performed by the Company or a contractor designated by the Company.
Article 33 Procedure for Dealing with Troubles with the STB
- 1. If the STB of the Company in the possession of a Subscriber fails to operate properly, the Subscriber shall immediately notify the Company to that effect.
- 2. Upon receipt of the notice under the preceding paragraph, Support team will investigate the cause of the failure and repair the device if possible. Any cost associated with repair shall be paid by Customer
- 3. If the investigation finds that there is nothing wrong with the STB of the Company, the Subscriber shall bear the expenses incurred for the investigation conducted.
- 4. Even in the event that the Subscriber is prevented from using the Service as a result of a fault with the STB of the Company, the provisions of Article 20 (Permanent Discontinuance of the Service) shall not apply and the Subscriber shall not be exempted from payment of the Service fees and other charges applicable to the period during which the Service was interrupted.
- 5. Subject to the provisions of this Article, the Company shall not be liable for any damages resulting in connection with the fault of the STB of the Company, including cases where the fault prevented other devices than the STB of the Company from being utilized. Purchase or Rental use of STB and Subscription package purchase are separate deal and agreement.
Section 9 Miscellaneous Provisions
Section 9 Miscellaneous Provisions
The Company will comply with the Act on the Protection of Personal Information (Law No. 57 of 2003), the Basic Policies on Protecting Personal Information (Cabinet Ordinance of April 2, 2004) and the Guidelines for the Protection of Personal Information of Broadcast Service Users in order to protect the personal information of the Subscriber acquired in connection with the provision of the Service, and will not disclose or divulge such personal information to any third party other than the Subscriber, nor use the same beyond the scope necessary for the purpose of providing the Service, except in the cases mentioned in the following items:
- 1.Cases in which the Company provides personal information to an entity entrusted by the Company with, or cooperating with the Company in, the handling of matters necessary for the provision of the Service under an agreement by which the entity is obligated to manage the personal information in an appropriate manner;
- 2. Cases in which personal information is collected or analysed for the purpose of improving the quality of the Service;
- 3. In cases where the results of the collection or analysis under the preceding item are disclosed or provided to third parties in a manner that does not allow for the identification of individuals;<
- 4. In cases where the personal information of a specific Subscriber is used or disclosed with the voluntary consent of the Subscriber;
- 5. In cases where under a judicial search warrant, seizure or some other compulsory process is carried out; where an inquiry concerning personal information is made by a person legally authorized to make such inquiry ; or where the provision of personal information is necessary to comply with applicable laws and regulations;
- 6. In cases where the requirements for requesting for disclosure under Article 4 (Request for Disclosure of Sender Information etc.) of the Law concerning Limitation of Damages to Specific Telecommunications Service Provider and Disclosure of Sender Information are satisfied; or
- 7.In cases where disclosure is permitted under the Act on the Protection of Personal Information.
Article 36 Maintenance
The Company will maintain the telecommunications facilities installed by the Company so that they continue to comply with the Regulations on Telecommunications Facilities for Business Purposes
Article 37 Obligations of the Subscribers
- 1. The Subscribers shall be responsible for managing the account and password issued by the online system of Company (hereinafter referred to as the "Account, etc."). If the Account, etc. has been forgotten or lost, the Subscriber shall promptly notify the Company.
- 2. In cases where the Subscribers engage in communications through other networks (domestic), the Subscribers shall comply with the regulations of all networks involved.
- 3. In addition to the preceding paragraph, the Company may impose certain restrictions on the use of the Service depending on the type of the Service, and the Subscribers shall comply with these restrictions.
- 4. The Subscribers shall be responsible with respect to any information transmitted by them through the Service and shall not cause any trouble or damage to the Company in this respect.
- 5. In the event that a Subscriber has caused any damage to or any dispute with other parties in connection with the use of the Service, the Subscriber shall resolve such problem or dispute at its own expense and responsibility and shall not cause any trouble or damage to the Company in this respect.
Article 38 Prohibitions
- 1. When using the Service, the Subscribers shall not engage in any of the following acts:
- 1. An act that violates, or is likely to violate, the copyrights or other rights of others or the Company;
- 2. An act that that impairs, or is likely to impair, the property, the privacy or the rights of likeness of others or the Company;
- 3. An act that that interferes with the receipt of e-mails by others, an act that causes disadvantage or damage to others or the Company or an act that is likely to cause such interference, disadvantage or damage;
- 4. An act that slanders or defames, or injures the reputation or credit of, others or the Company, or an act that is likely to cause such slander, defame or injury;
- 5. An act that contravenes, or is likely to contravene, public order and decency, or an act of providing others with information that offends public order and decency;
- 6. An act that constitutes or leads to a crime, or an act that is likely to constitute or lead to a crime;
- 7. An act of providing information that is contrary to fact or that may be contrary to fact;
- 8. An act that violates the Law on Proscribing Stalking Behavior and Assisting Victims
- 9. An act of operating a pyramid scheme or soliciting for participation in a pyramid scheme;
- 10. An act of altering or deleting information of the Company or others that is accessible through the Service;
- 11. An act that violates the Public Offices Election Law, such as preelection campaigning;
- 12. An act of sending others without permission e-mails for advertisement, promotion or solicitation purposes, or sending nuisance e-mails; or an act of requesting others to forward chain e-mails or of accepting such request to forward chain e-mails;
- 13. An act of collecting personal information of any other person or private information of any other company without permission of the person or the company or in an unlawful manner;
- 14. An act that disturbs the operation of the Service or harm the credibility of the Service;
- 15. An act of using the Account, etc. in an unauthorized manner;
- 16. An act of gaining access to the facilities of the Company or others without authorization;
- 17. An act of using or providing computer viruses or other harmful programs through or in connection with the Service;
- 18. Any other act that violates or threatens to violate any law or regulation;
- 19. An act of providing links to the sites where any of the acts referred to in the preceding items is observed (including those performed by others), with the intention of encouraging such act;
- 20. An act of permitting a third party to use the Service for consideration without the prior written consent of the Company; or
- 21. Any other act that the Company considers inappropriate.
- 22. If it is confirmed that any of the acts listed in paragraph 1 has been committed, the Company will terminate the relevant Service use agreement in accordance with Article 21 (Termination of the Service Use Agreement by the Company).
Article 38 Limitation of Liability
- 1. The Company makes no warranty with respect to the completeness, accuracy, reliability, usefulness or any other aspect of the content of the Service or of the information obtained through the Service. Provided contents may keeps on changes as per the agreement or understanding with respective content owners so numbe of channels (live or on demand) may keeps on UP and DOWN without prior notice
- 2. Except as otherwise expressly provided in these Terms of Service or any other individual terms, the Company shall not be liable for any damage suffered by the Subscribers in connection with the Service including those resulting from the provision, delay in provision, change, suspension, cessation or permanent discontinuation of the Service, or the leakage or loss of the information registered or provided through the Service.
Article 40 Copyrights and Other Rights
- 1.The Subscribers acknowledge that all copyrights and other proprietary rights in the information and materials provided by the Company to the Subscribers through the Service (including without limitation images, sounds, texts, etc.; hereinafter the same shall apply.) shall be the sole property of the Company or a third party that provided the Company with the information and materials.
- 2.The Subscribers shall use the information and materials provided by the Company through the Service solely for their personal purposes, and shall not use the information for any commercial purposes, or forward the information to others or post the information on a web site accessible by the general public, nor shall the Subscriber reproduce, publish, broadcast or publicly transmit, or permit any third party to reproduce, publish, broadcast or publicly transmit the information beyond the scope of personal use.
Section 10 Other Provisions
Article 41 Jurisdiction
Any dispute between a Subscriber or Subscribers and the Company that may arise in connection with the Service shall be submitted to the exclusive jurisdiction of the Respective Content owners Headquarter based Country in the first instance. Executed On the Behalf of Content Owners and Providers
Appendix 1 Provision of the Service
TV CHANNEL SERVICES.
ITEMS
- STB System
- PC System
DESCRIPTION
- A system that allows viewing of the distributed channels by connecting the set top box to the devices
- A system that allows viewing of the distributed channels to PC or mobile device by login to our distribution website.
Appendix 2 Service Fees and Other Charges
1-1 Initial Cost
Initial Signup Fee is Free for any Users who Buy IP Set-top-box with us. Cost for IP Set-top-box may varies time to time because of seasonal campaign so refere to the BUY STB section for updated price
1-2 Recurring Fee
- There is no any Recurring Fee on Basic/Default FTA Package for those who have purcahsed IP Set-top-box with us. Basic/Default FTA Package consist of Internet Available, Youtube, KODI, User Generated & Free to Air Contents only.
- Premium Upgrade Needs Recurring Subscription which varies time to time because of timely Campaign so Subscribers are Requested to Check Fee after login to their Account.
- Normally, Price Starts from 700 Yen per Month
1-3 Additional Cost for IP Set-top-box
Shipping Cost shall be charged seperately on the top of Actual Price (this varies location to location), Payment Gateway Fee Shall be charged to Users Seperately
1-4 Additional Cost for IP Set-top-box
IP Set-top-box Hardware warrney is for 3 Months from the date of Purchase with condition. If STB is damaged by the act of users careless on handling or positioning shall not be covered. Procedue for waranty is that Users need to send STB to Provider by their own shipping expenses. Provider will make the judgement as condition above before placing the replacment. User is responsible to pay both way shipping charge that will be charged.
1-5 Payment Methods
We support various method of Payment :
Cash On Delivery, Online Credit Card (3rd Party Payment Gateway), Cash Payment, Through Agents and Distributors.
1-6 Information Provision
Customers will be provided with useful information on a regular basis, especially for foreign nationals who live in Japan.