STANDARD TERMS AND CONDITIONS
PARTIES. The agreement is made between Flex TV and the private individuals or corporations whose details are provided in the Flex TV Subscription Form (the “Subscriber”). The Subscriber hereby acknowledges that he/she has read and understood the terms and conditions hereof (the “Terms” or this “Agreement”) and agrees that his/her signature on the Subscription overleaf constitutes its acceptance to be bound by this Agreement.
SET TOP BOX (“STB”). To enable the Subscriber to receive the signal of the World audio-visual programming services (the “Service”) which is delivered via Internet protocol television (“IPTV”) the Subscriber will pay a monthly or yearly subscription fee. The subscriber may cancel at anytime no further charges will be made to your credit card after the date you cancelled.
WARRANTY ON STB. The TV Box purchased from Flextronic is warranted for twelve (12) months of normal use from the date of initial activation against any defective parts. The defective box will be repaired or replaced free of charge at the option of Flextronic if found defective within the warranty period provided it has not been mishandled, altered in any way or damaged by force majeure. Any defects or damages found in the Flex TV box after warranty period shall be subject to repair or replacement charges to be determined by Flextronic. All cost will be the responsibility of the subscriber.
AUTHORIZED USE. The payment of the Subscription Fee entitles the Subscriber only to receive and view the Service as provided by Flex TV. The Subscriber shall not authorize others to receive, transmit or exhibit by any means, whether now known or hereafter devised, the Service or any part thereof. Nor shall the Subscriber record, tape, transcribe or otherwise reproduce any portion of the Service. If the Subscriber becomes aware of any unauthorized reception, transmission or exhibition by any person of the Service or any part thereof, the Subscriber shall immediately notify Flex TV and take all steps reasonably necessary (including all steps reasonably requested by Flex TV) to prevent such unauthorized use or reproduction of the Service.
BILLING AND COLLECTION.
1. Generation of a billing statement follows a regular cycle coinciding with the Subscriber’s purchase date. The billing statement will indicate the previous balance, new charges, payments and credits within the period covered.
3. Any questions or discrepancies regarding charges or other transactions on the Subscriber’s billing statement must be reported to Flex TV’s customer service within 90 days of the billing date. Failure to contact us within this period will constitute acceptance of the bill.
The Subscriber may cancel his/her subscription at any time, if payment is made for 1 year in advance subscriber will not receive any refund if cancelled before the year is completed.
ASSIGNMENT / TRANSFERS. The Subscriber shall not transfer his/her Subscription to any other party without the prior written approval of Flex TV.
SUSPENSION OF ACCESS TO SERVICES. Without prejudice to its rights to terminate this agreement as provided below Flex TV may cancel access to the service or otherwise suspend the subscribers access to the service with or without notice to the subscriber it by reason of any act or omission directly or indirectly attributable to the Subscriber, including Flex TV’s inability to access, enter, and inspect the Subscriber’s Premises:
1. It reasonably believes that the Subscriber is in breach of this Agreement;
2. It becomes necessary to protect against unauthorized use of proprietary information or technology in the STB or any intellectual property rights in the Service;
3. It deems necessary to comply with or avert any violation of any law or regulation.
EFFECTS OF SUSPENSION. If the Subscriber’s access to the Service is suspended, the Subscriber shall continue to be liable for payment of the Subscription Fee and Flex TV shall not reinstate that access unless Flex TV determines, in its sole discretion, that the circumstances giving rise to the suspension have been resolved to its satisfaction. If Flex TV agrees to reinstate the Subscriber’s access to the Service, the fact that such access has been interrupted during the subscription period will not postpone the date on which the subscription period is due to expire.
CANCELLATION OF SERVICE/TERMINATION OF AGREEMENT. This agreement shall be terminated immediately upon the occurrence of any of the following.
1. Subscriber’s failure to pay the Subscription Fee or any other applicable fees in accordance with this Agreement;
2. Unauthorized transfer, lease or assignment of the STB and/or Service (or any such attempt) to a third party by the Subscriber;
3. Subscription fraud discovered after approval of the application for subscription;
4. Use of the Service for any illegal or immoral purposes or in breach of this Agreement, as determined by Flex TV;
5. Any other breach by the Subscriber of this Agreement; or continued transmission or broadcast of the Service would or might subject Flex TV to any liability or to litigation or threatened litigation by any third party.
LIMITATION OF LIABILITY. The Subscriber hereby agrees that, notwithstanding any other provision in this Agreement, Flex TV shall have no liability to the Subscriber with respect to any interruption, failure or loss of IPTV reception.
NO REFUND. Flextronic Media shall have no obligation to refund any paid Subscription Fees for any interruption, failure or loss of signal from force majeure including, but not limited to, acts of God, war, civil disturbance, signal failure, riots, strikes, work stoppage, or such causes beyond the reasonable control of Flex TV. Neither shall Flex TV be obliged to refund any paid Subscription Fees upon cancellation of the Service due to the causes giving rise to Flex TV’s right to terminate the Agreement as provided herein.
Service: The service provided by Flextronic Media is not part of the IPTV channel broadcasting services, Flextronic provides Hardware and Software designed to give easy access to thousands of free INTERNET PROTOCAL TV Channels. Flextronic is not responsible for the broadcast of any Internet “IPTV Channels”
SEVERABILITY. Each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provisions of this agreement shall be held to be invalid under applicable law, such provision shall be ineffective to the extent of such invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.