Terms of Use
TV-Desi TV and TV-Desi.com Terms of Service
1. Agreement: This Agreement (the "Agreement") sets out how TV-Desi Inc. ("TV-Desi") will provide the access to TV-Desi IPTV broadcasts, Video on Demand ("VOD") and video related services through TV-Desi Set Top Box ("STB") and TV-Desi.com (the "Services") to you. For purposes of this Agreement, "you" and "your" shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Service electronically during registration; (iii) your initialing the TV-Desi Term of Service in an order form ("Order Form"); (iv) your signing an Order Form at a TV-Desi Reseller; or (v) your use of Services, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your TV-Desi subscription package will be treated as part of this Agreement.
2. Authorized User, Use, and Responsibility:
A. You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete.
B. You understand that all information provided by you will be relied upon by TV-Desi for the provision of Services thus shall be true and accurate. You agree that TV-Desi may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify TV-Desi whenever your personal information or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
C. You agree to use the Services for personal use only and in compliance with the then current TV-Desi Authorized Use Policy and any applicable laws and regulations. If you want to subscribe TV-Desi Service and Equipment for a commercial establishment, you must first contact TV-Desi and obtain written approval from TV-Desi.
D. You accept that TV-Desi considers anyone using the Services at the installation address you provided to be authorized by you and you must pay all charges due from that use.
3. Term: This Agreement goes into effect upon your acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.
4. Payment of Charges:
A. The current effective subscription fees for TV-Desi packages are set out at http://www.tv-desi.com.
B. You agree to pay all charges for the Equipment(s) and the Services, including any charges for late payment. The method of payment will be either as set out in this Agreement or as we otherwise agree with you.
C. You agree to provide TV-Desi with a valid major credit card as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information while your subscription is active unless we otherwise agree upon.
D. Authorization: You agree to authorize TV-Desi to automatically charge your designated credit card for the following types of fees:
i. Monthly Subscription Fee: For subscription of any Monthly Plans (the "Monthly Subscription"), you will be charged at the beginning of each calendar month for the balance of that month's subscription fee and taxes applicable. Billing for new Monthly Subscriptions will begin on the earlier of (i) seven (7) days after the date TV-Desi receives and processes the new order; or (ii) the date you start using the Services. If the billing start date falls in the middle of the month, you will be charged the full monthly fee at the beginning of the next month and a pro-rated fee for the partial month.
ii. Prepaid Subscription Fees: For Subscription of Prepaid Plans (the "Prepaid Subscription"), you will be charged upfront for the subscription fee of the complete mandatory subscription period at the time the order is received by TV-Desi. However, the billing start date will begin on the earlier of (i) seven (7) days after the date TV-Desi receives and processes the new order; or (ii) the date you start using the Services. TV-Desi will provide you access to the Services for the number of consecutive months period as specified in terms of applicable Prepaid Plan beginning from the billing start date. You can elect to either change subscription plan as instructed in Section 8 or cancel the Services as instructed in Section 10 at least thirty (30) days before the expiration of the subscription period of Prepaid Plan. If you do not choose either of the options at the end of the Prepaid Subscription period, your subscription will be automatically renewed for another subscription period of the same Prepaid Plan ("Renewed Subscription"). You agree that TV-Desi can automatically debit your credit card for all fees under the Renewed Subscription.
iii. For All Subscription Plans:
(a) Shipping and Handling, Activation, and Applicable Service Fees: The charges for shipping and handling, activation and applicable service fees are set out in your Order Form. TV-Desi will charge your designated credit card for shipping and handling fees, activation fee, as well as other applicable service fees that you have pre-approved either during your initial subscription order or during the course of your usage of TV-Desi. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable.
(b) Equipment Fee and Equipment Deposit: as set forth in Section 5A and 5B.
(c) Late Payment Charge: as set forth in Section 6.
(d) Suspension Fee: as set forth in Section 9.
(e) Cancelation Fee: as set forth in Section 10.
(f) Any additional charges for failure to return Leased Equipment: as set forth in Section 5C.
B. Dispute of Charges: Your monthly statement of TV-Desi Services will be available online through your TV-Desi account. If there is any dispute item in the statement, you shall notify TV-Desi of such disputed items within thirty (30) days of receipt, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Fee as described in Section 6. Disputes can be filed either by calling TV-Desi at 1-888-9TV-DESI or sending e-mail to billing@tv-desi.com. Please retain your proof of filing a dispute claim.
C. You agree that TV-Desi is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by TV-Desi. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), TV-Desi will suspend the Services until you pay all amounts due upon demand by TV-Desi.
D. Customer Reaffirmation: Every time you use TV-Desi Services, you reaffirm that (i) TV-Desi is authorized to charge your designated credit card; (ii) TV-Desi may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your Subscription is canceled or terminated.
5. Equipment: To receive the Services on Television set from TV-Desi, you may either purchase or lease the equipment which constitutes primarily by, but not limited to, cables, wires, amplifiers, STB/receivers and remotes (the "Equipment").
A. Purchased Equipment: If you elect to purchase TV-Desi Equipment(s) ("Purchased Equipment"), you agree to pay the then effective market price of the Equipment in your account registration country and any applicable sales, usage, and other taxes for the Equipment you purchase.
B. Leased Equipment: If you elect to lease Equipment from TV-Desi (the "Leased Equipment"), you will need to pay a one-time deposit for each Equipment you lease (the "Equipment Deposit") equals to the amount of (i) fifty US dollars ($50) if your account is in the United States and your designated form of payment is credit card; or (ii) sixty-five Canadian dollars ($65) if your account is in Canada and your designated form of payment is credit card; or (iii) then effective market price if your designated form of payment is other than credit card. TV-Desi will automatically charge your designated credit card for the applicable Equipment Deposit at the time the order is received.
C. TV-Desi Property; Return of Leased Equipment: All Leased Equipments remain the property of TV-Desi. You must return all Leased Equipments within 10 days upon termination or cancelation of the Services. If the Leased Equipment is returned on time and in good working condition, TV-Desi will credit your designated credit card account for the amount of the original Equipment Deposit you paid within 90 days of receipt. You need to keep the tracking number provided by the delivery service you use (for example, UPS tracking number) as evidence of your compliance with your obligation to return the Equipment. You agree to bear any additional costs incurred by TV-Desi to insure return of the Equipment. Failure to timely return Leased Equipment at the end of your subscription will result in for each Leased Equipment not returned: (i) forfeiture of the Equipment Deposit, and (ii) a charge for the difference between then effective market price of the Equipment and the Equipment Deposit you paid. You agree to pay such charges whether the Equipment is lost (through theft or otherwise) or destroyed (through accident, act of God or otherwise).
D. Care of TV-Desi Property: You agree that neither you nor any other person (except TV-Desi's authorized personnel) will open, tamper with, service, make any alterations to, or remove any Leased Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of Leased Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of Services and is prohibited. During the Term of the Agreement, rights of lien and retention by third parties over the Leased Equipment are expressed waived.
E. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment provided by TV-Desi. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.
6. Late Payment: If you delay payment, TV-Desi will send you a reminder or call you and temporarily disconnect you to the Services. The Services will be reinstated soon after you pay in full the amount demanded by TV-Desi. If you delay your payment for one (1) months from the date of billing, TV-Desi will initiate the collection procedure and charge you a late payment charge of twenty-five US dollars ($25) (the "Late Payment Charge") by way of compensation to TV-Desi for breaking the terms of this Agreement. If you delay your payment for three (3) months from the date of billing, your action will be deemed as early termination of this Agreement ("Early Termination") as of the date of billing. If you are leasing the Equipment and the Early Termination occurs in the initial 6 months of your subscription, you will be subject to an early termination fee ("Early Termination Fee") equal to (i) ninety-nine US dollars ($99) if your account is in the United States; or (ii) one hundred and twenty-five Canadian dollars ($125) if your account is in Canada. You agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, TV-Desi, in its sole discretion, may report such late payment or nonpayment to credit reporting agencies.
7. Renewal: You may change your subscription in accordance with Section 8 of this Agreement or cancel the Services in accordance with Section 10. If you do not choose either of the actions as instructed in each section, Monthly Subscriptions will automatically be renewed each month at the then prevailing subscription fee for the same package and Prepaid Subscription will automatically renew at the completion of the subscription period of the Prepaid Plan as calculated from that period's billing start date at the then prevailing subscription fee for the same plan. The subscription fee will be charged in accordance with Section 4 (D).
8. Subscription Plan Changes:
A. Changing between Monthly Subscription Plans can be done at any time upon your request. Request will be processed by the close of next business day. TV-Desi will credit you a pro-rated fee for the partial month and bill you for the new Monthly Plan according to Section 4(D) (i).
B. Changing from Monthly Subscription Plan to Multi-Month Prepaid Plan can be done any time upon your request. We will process the requests by the close of the next business day. We will credit you a pro-rated fee for the partial month and bill you for the new Multi-Month Prepaid Fee according to Section 4(D) (ii).
C. Changing from Multi-Month Subscription Plan to Monthly Plan requires you to notify TV-Desi at least thirty (30) days before the expiration of the existing Multi-Month Subscription. When the existing Multi-Month Subscription expires, you will be billed for the new Monthly Subscription as described above under Section 4(D)(i).
9. Suspension: You may request suspension of your subscription up to a maximum period of three (3) consecutive whole months for the Equipment activated under your account at a suspension fee ("Suspension Fee") of (i) five US dollars ($5.00 USD) per month if your account is in the United States; or (ii) seven Canadian dollars and fifty cents ($7.50 CAD) if your account is in Canada. The minimum period for suspension is one (1) month and the maximum is three (3) months. You must specify the suspension start date and duration in whole months at the time of request. You will be charged in advance the one-time non-refundable Suspension Fee at time of request for the number of months requested. Services will be stopped on the suspension start date and will be automatically reactivated on the same calendar date of the last elapse month for the period specified.
A. For Monthly Subscriptions, there will be no Monthly Subscription Fee, apart from the monthly Suspension Fee, for the number of months requested beginning with the next calendar month following the suspension date. You agree that there will be an extension of the Subscription period by the number of elapsed months specified at the time of suspension;
B. For Prepaid Subscriptions, you agree that there will be an extension of the Subscription period of Prepaid Plan by the number of elapsed months specified at the time of suspension.
10. Cancellation:
A. For Monthly Subscriptions and Promotional Packages requiring monthly subscription, except otherwise set out in this Agreement, you may cancel the subscription at anytime. In the event that your account is cancelled, you will not receive any partial credit for the Monthly Subscription Fee you already paid for that month, and at the time of cancellation, all VOD movies and TV Drama Episodes viewed during that month will be charged. You will be subject to a ninety-nine US dollars ($99.00) cancellation fee ("Cancelation Fee") if you cancel the subscription of packages listed this Section prior to reaching six (6) months of subscription if you are leasing the Equipment and your account is in the United States; the Cancellation Fee shall be one hundred and twenty-five Canadian dollars ($125) if your account is in Canada.
B. For Monthly Subscription with Purchased Equipment, you may cancel the Monthly Subscription at anytime without subject to a Cancellation Fee. In the event that your account is cancelled, you will not receive any partial credit for the Monthly Subscription Fee you already paid for that month, and at the time of cancellation, all VOD movies and TV Drama Episodes viewed during that month will be charged.
C. For Prepaid Plans, except where legitimate reason for cancelation exist, you may not cancel Prepaid Plans until the mandatory subscription period is fulfilled. If you terminate your subscription prior to the completion of the mandatory subscription period, TV-Desi will not prorate, nor refund you the Subscription Fees of the Prepaid Plan you ordered.
11. Disruption of Services: You agree that in no event shall TV-Desi be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond TV-Desi's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to TV-Desi and TV-Desi will either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that TV-Desi shall not be liable for any incidental or consequential damages.
12. Repair of Leased Equipment: TV-Desi will repair and/or replace defective Leased Equipment as long as such damage was not caused by your misuse or other improper operations or handling. A service charge may be imposed if damage to Leased Equipment is due to your negligent use or abuse or if no fault is discovered in TV-Desi's system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged TV-Desi Leased Equipment. TV-Desi makes no warranties, with respect to TV-Desi Leased Equipment or Services provided by TV-Desi or with respect to the Equipment's compatibility with any Customer-owned equipment.
13. TV-Desi Purchased Equipment Warranty:
A. TV-Desi warrants to you that the Purchased Equipment will be free from defects in workmanship and materials, under normal use and service, for one year from your date of purchase. You agree that TV-Desi's sole obligation under this express warranty shall be, at TV-Desi's option and expense, to repair the defective Purchased Equipment or part, deliver to you equivalent Purchased Equipment or part to replace the defective item, or if neither of the two foregoing options are reasonably available, TV-Desi may, on its sole discretion, refund to you the purchase price paid for the defective Purchased Equipment. All Purchased Equipment that is replaced will become the property of TV-Desi. Replaced Purchased Equipment or parts may be new or reconditioned. TV-Desi warrants any replaced or repaired Purchase Equipment or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
B. You shall promptly notify TV-Desi for warranty claims that Purchased Equipment is non-conforming to obtain a Return Materials Authorization number and return shipping information. Upon receipt and verification of non-conformity, TV-Desi will ship the repaired or replaced Purchased Equipment to you.
C. TV-Desi will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the Purchased Equipment does not exist or results from: (i) failure to follow TV-Desi's installation, operation, or maintenance instructions; (ii) unauthorized product modification or alteration; (iii) abuse, misuse, negligent acts or omissions of you and persons under your control; or acts of third parties, acts of God, accident, fire, lightning, power surges or outages, or other hazards.
D. You acknowledge and agree that IF PURCHASED EQUIPMENT DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT TV-DESI'S OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TV-DESI NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
14. Communication Charges: In order to receive Services from TV-Desi, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access TV-Desi Services. You also agree to bear any communication charges incurred by accessing TV-Desi Services through a third-party network, such as a cable or wireless carrier.
15. Customer Property: You are responsible to obtain and maintain equipment to access TV-Desi Services on www.TV-Desi.com. TV-Desi assumes no responsibility for the maintenance or repair of equipment you provided, including but not limited to television sets, VCRs, computers, laptop or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you provided.
16. Access to Customer Premises: When you elect onsite installation, you agree to provide TV-Desi's representatives with access at reasonable times to your premises to inspect and maintain the Leased Equipment, and upon termination of Services, to remove the same from the premises. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the TV-Desi onsite installation is carried out.
17. Customer Information:
A. TV-Desi maintains your personal identification information for the purpose of account management, billing and collections, and customer support and service management. You agree that TV-Desi may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of TV-Desi Services.
B. You agree that TV-Desi may record your conversations with TV-Desi call center representatives for the purpose of tracking records and improvement of our Customer Service.
18. Reproduction of Programs: You agree that the programs provided by TV-Desi will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Service, we may take immediate action to disconnect you to the Services or terminate your agreement with us.
19. TV-Desi's Rights:
A. TV-Desi has no obligation to monitor content or Services accessible by means of the TV-Desi STB or wireless card. However, you acknowledge and agree that TV-Desi has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers.
B. TV-Desi shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of TV-Desi's Equipment and Services.
20. Customer Service: If you have any technical faults and administration questions or want to request any changes in your TV-Desi account, you may contact TV-Desi customer service. The contact information of TV-Desi is available at 1-888-9TV-DESI.
21. Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
22. Breach of Agreement: TV-Desi, at its option, may suspend or terminate the Services and remove the Leased Equipment without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any details supplied to us; or (ii)you fail to pay the payment due for the Services within 30 days after TV-Desi's written notice; or (iii) if for reasons outside TV-Desi's control, TV-Desi cannot continue to provide the Services; or (iv) if you are involved in unlawful copying of content of any of the TV Services. TV-Desi's failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney's fees to TV-Desi in the event that TV-Desi shall find it necessary to preserve and protect its rights under this Agreement.
23. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of TV-Desi and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: www.tv-desi.com.
24. Changing the Term of Service: Sometimes, TV-Desi will need to change the Term of Service. We will publish details of all changes online at:
http://www.tv-desi.com/company/terms.aspx.
25. Disclaimer: TV-Desi assumes no liability for any program or information distributed over the system unless locally produced by TV-Desi. TV-Desi shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by TV-Desi.
26. Limitation of Liability: TV-Desi aims to provide a continuous, high-quality service, but we do not warrant that the Services or Equipment provided by TV-Desi will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of TV-Desi. In no event shall TV-Desi (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if TV-Desi has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
27. Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern our provision of the Services to you.
28. Choice of Law: You and TV-Desi agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and TV-Desi, shall be construed by and covered under and in accordance with the laws of the State of New York without reference to its principles of conflicts of laws.
Glossary
"Add-on Package" shall mean the packages that are available only with order of Basic Package. It includes but not limited to Marathi package and Gujarati package.
"Basic Package" shall mean the packages which are required to be ordered before availability of Add-on Packages. It includes but not limited to Bangla Package, Urdu Package, Malayalam Package, Tamil Package and Hindi Plus Package.
"Monthly Plan" shall mean any subscription plan of Basic Packages, Add-on packages and Promotional Packages which requires monthly subscription;
"Prepaid Plan" shall mean the subscription plan of any Prepaid Packages, which requires full payment of subscription fee for the complete mandatory subscription period at the time of order.
"Promotional Packages" shall mean the special packages launched for a limited time promotion which have strict provisions of qualification, a minimum mandatory subscription period and benefits exclusively for qualified subscribers.
2. Authorized User, Use, and Responsibility:
A. You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete.
B. You understand that all information provided by you will be relied upon by TV-Desi for the provision of Services thus shall be true and accurate. You agree that TV-Desi may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify TV-Desi whenever your personal information or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
C. You agree to use the Services for personal use only and in compliance with the then current TV-Desi Authorized Use Policy and any applicable laws and regulations. If you want to subscribe TV-Desi Service and Equipment for a commercial establishment, you must first contact TV-Desi and obtain written approval from TV-Desi.
D. You accept that TV-Desi considers anyone using the Services at the installation address you provided to be authorized by you and you must pay all charges due from that use.
3. Term: This Agreement goes into effect upon your acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.
4. Payment of Charges:
A. The current effective subscription fees for TV-Desi packages are set out at http://www.tv-desi.com.
B. You agree to pay all charges for the Equipment(s) and the Services, including any charges for late payment. The method of payment will be either as set out in this Agreement or as we otherwise agree with you.
C. You agree to provide TV-Desi with a valid major credit card as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information while your subscription is active unless we otherwise agree upon.
D. Authorization: You agree to authorize TV-Desi to automatically charge your designated credit card for the following types of fees:
i. Monthly Subscription Fee: For subscription of any Monthly Plans (the "Monthly Subscription"), you will be charged at the beginning of each calendar month for the balance of that month's subscription fee and taxes applicable. Billing for new Monthly Subscriptions will begin on the earlier of (i) seven (7) days after the date TV-Desi receives and processes the new order; or (ii) the date you start using the Services. If the billing start date falls in the middle of the month, you will be charged the full monthly fee at the beginning of the next month and a pro-rated fee for the partial month.
ii. Prepaid Subscription Fees: For Subscription of Prepaid Plans (the "Prepaid Subscription"), you will be charged upfront for the subscription fee of the complete mandatory subscription period at the time the order is received by TV-Desi. However, the billing start date will begin on the earlier of (i) seven (7) days after the date TV-Desi receives and processes the new order; or (ii) the date you start using the Services. TV-Desi will provide you access to the Services for the number of consecutive months period as specified in terms of applicable Prepaid Plan beginning from the billing start date. You can elect to either change subscription plan as instructed in Section 8 or cancel the Services as instructed in Section 10 at least thirty (30) days before the expiration of the subscription period of Prepaid Plan. If you do not choose either of the options at the end of the Prepaid Subscription period, your subscription will be automatically renewed for another subscription period of the same Prepaid Plan ("Renewed Subscription"). You agree that TV-Desi can automatically debit your credit card for all fees under the Renewed Subscription.
iii. For All Subscription Plans:
(a) Shipping and Handling, Activation, and Applicable Service Fees: The charges for shipping and handling, activation and applicable service fees are set out in your Order Form. TV-Desi will charge your designated credit card for shipping and handling fees, activation fee, as well as other applicable service fees that you have pre-approved either during your initial subscription order or during the course of your usage of TV-Desi. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable.
(b) Equipment Fee and Equipment Deposit: as set forth in Section 5A and 5B.
(c) Late Payment Charge: as set forth in Section 6.
(d) Suspension Fee: as set forth in Section 9.
(e) Cancelation Fee: as set forth in Section 10.
(f) Any additional charges for failure to return Leased Equipment: as set forth in Section 5C.
B. Dispute of Charges: Your monthly statement of TV-Desi Services will be available online through your TV-Desi account. If there is any dispute item in the statement, you shall notify TV-Desi of such disputed items within thirty (30) days of receipt, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Fee as described in Section 6. Disputes can be filed either by calling TV-Desi at 1-888-9TV-DESI or sending e-mail to billing@tv-desi.com. Please retain your proof of filing a dispute claim.
C. You agree that TV-Desi is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by TV-Desi. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), TV-Desi will suspend the Services until you pay all amounts due upon demand by TV-Desi.
D. Customer Reaffirmation: Every time you use TV-Desi Services, you reaffirm that (i) TV-Desi is authorized to charge your designated credit card; (ii) TV-Desi may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your Subscription is canceled or terminated.
5. Equipment: To receive the Services on Television set from TV-Desi, you may either purchase or lease the equipment which constitutes primarily by, but not limited to, cables, wires, amplifiers, STB/receivers and remotes (the "Equipment").
A. Purchased Equipment: If you elect to purchase TV-Desi Equipment(s) ("Purchased Equipment"), you agree to pay the then effective market price of the Equipment in your account registration country and any applicable sales, usage, and other taxes for the Equipment you purchase.
B. Leased Equipment: If you elect to lease Equipment from TV-Desi (the "Leased Equipment"), you will need to pay a one-time deposit for each Equipment you lease (the "Equipment Deposit") equals to the amount of (i) fifty US dollars ($50) if your account is in the United States and your designated form of payment is credit card; or (ii) sixty-five Canadian dollars ($65) if your account is in Canada and your designated form of payment is credit card; or (iii) then effective market price if your designated form of payment is other than credit card. TV-Desi will automatically charge your designated credit card for the applicable Equipment Deposit at the time the order is received.
C. TV-Desi Property; Return of Leased Equipment: All Leased Equipments remain the property of TV-Desi. You must return all Leased Equipments within 10 days upon termination or cancelation of the Services. If the Leased Equipment is returned on time and in good working condition, TV-Desi will credit your designated credit card account for the amount of the original Equipment Deposit you paid within 90 days of receipt. You need to keep the tracking number provided by the delivery service you use (for example, UPS tracking number) as evidence of your compliance with your obligation to return the Equipment. You agree to bear any additional costs incurred by TV-Desi to insure return of the Equipment. Failure to timely return Leased Equipment at the end of your subscription will result in for each Leased Equipment not returned: (i) forfeiture of the Equipment Deposit, and (ii) a charge for the difference between then effective market price of the Equipment and the Equipment Deposit you paid. You agree to pay such charges whether the Equipment is lost (through theft or otherwise) or destroyed (through accident, act of God or otherwise).
D. Care of TV-Desi Property: You agree that neither you nor any other person (except TV-Desi's authorized personnel) will open, tamper with, service, make any alterations to, or remove any Leased Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of Leased Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of Services and is prohibited. During the Term of the Agreement, rights of lien and retention by third parties over the Leased Equipment are expressed waived.
E. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment provided by TV-Desi. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.
6. Late Payment: If you delay payment, TV-Desi will send you a reminder or call you and temporarily disconnect you to the Services. The Services will be reinstated soon after you pay in full the amount demanded by TV-Desi. If you delay your payment for one (1) months from the date of billing, TV-Desi will initiate the collection procedure and charge you a late payment charge of twenty-five US dollars ($25) (the "Late Payment Charge") by way of compensation to TV-Desi for breaking the terms of this Agreement. If you delay your payment for three (3) months from the date of billing, your action will be deemed as early termination of this Agreement ("Early Termination") as of the date of billing. If you are leasing the Equipment and the Early Termination occurs in the initial 6 months of your subscription, you will be subject to an early termination fee ("Early Termination Fee") equal to (i) ninety-nine US dollars ($99) if your account is in the United States; or (ii) one hundred and twenty-five Canadian dollars ($125) if your account is in Canada. You agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, TV-Desi, in its sole discretion, may report such late payment or nonpayment to credit reporting agencies.
7. Renewal: You may change your subscription in accordance with Section 8 of this Agreement or cancel the Services in accordance with Section 10. If you do not choose either of the actions as instructed in each section, Monthly Subscriptions will automatically be renewed each month at the then prevailing subscription fee for the same package and Prepaid Subscription will automatically renew at the completion of the subscription period of the Prepaid Plan as calculated from that period's billing start date at the then prevailing subscription fee for the same plan. The subscription fee will be charged in accordance with Section 4 (D).
8. Subscription Plan Changes:
A. Changing between Monthly Subscription Plans can be done at any time upon your request. Request will be processed by the close of next business day. TV-Desi will credit you a pro-rated fee for the partial month and bill you for the new Monthly Plan according to Section 4(D) (i).
B. Changing from Monthly Subscription Plan to Multi-Month Prepaid Plan can be done any time upon your request. We will process the requests by the close of the next business day. We will credit you a pro-rated fee for the partial month and bill you for the new Multi-Month Prepaid Fee according to Section 4(D) (ii).
C. Changing from Multi-Month Subscription Plan to Monthly Plan requires you to notify TV-Desi at least thirty (30) days before the expiration of the existing Multi-Month Subscription. When the existing Multi-Month Subscription expires, you will be billed for the new Monthly Subscription as described above under Section 4(D)(i).
9. Suspension: You may request suspension of your subscription up to a maximum period of three (3) consecutive whole months for the Equipment activated under your account at a suspension fee ("Suspension Fee") of (i) five US dollars ($5.00 USD) per month if your account is in the United States; or (ii) seven Canadian dollars and fifty cents ($7.50 CAD) if your account is in Canada. The minimum period for suspension is one (1) month and the maximum is three (3) months. You must specify the suspension start date and duration in whole months at the time of request. You will be charged in advance the one-time non-refundable Suspension Fee at time of request for the number of months requested. Services will be stopped on the suspension start date and will be automatically reactivated on the same calendar date of the last elapse month for the period specified.
A. For Monthly Subscriptions, there will be no Monthly Subscription Fee, apart from the monthly Suspension Fee, for the number of months requested beginning with the next calendar month following the suspension date. You agree that there will be an extension of the Subscription period by the number of elapsed months specified at the time of suspension;
B. For Prepaid Subscriptions, you agree that there will be an extension of the Subscription period of Prepaid Plan by the number of elapsed months specified at the time of suspension.
10. Cancellation:
A. For Monthly Subscriptions and Promotional Packages requiring monthly subscription, except otherwise set out in this Agreement, you may cancel the subscription at anytime. In the event that your account is cancelled, you will not receive any partial credit for the Monthly Subscription Fee you already paid for that month, and at the time of cancellation, all VOD movies and TV Drama Episodes viewed during that month will be charged. You will be subject to a ninety-nine US dollars ($99.00) cancellation fee ("Cancelation Fee") if you cancel the subscription of packages listed this Section prior to reaching six (6) months of subscription if you are leasing the Equipment and your account is in the United States; the Cancellation Fee shall be one hundred and twenty-five Canadian dollars ($125) if your account is in Canada.
B. For Monthly Subscription with Purchased Equipment, you may cancel the Monthly Subscription at anytime without subject to a Cancellation Fee. In the event that your account is cancelled, you will not receive any partial credit for the Monthly Subscription Fee you already paid for that month, and at the time of cancellation, all VOD movies and TV Drama Episodes viewed during that month will be charged.
C. For Prepaid Plans, except where legitimate reason for cancelation exist, you may not cancel Prepaid Plans until the mandatory subscription period is fulfilled. If you terminate your subscription prior to the completion of the mandatory subscription period, TV-Desi will not prorate, nor refund you the Subscription Fees of the Prepaid Plan you ordered.
11. Disruption of Services: You agree that in no event shall TV-Desi be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond TV-Desi's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to TV-Desi and TV-Desi will either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that TV-Desi shall not be liable for any incidental or consequential damages.
12. Repair of Leased Equipment: TV-Desi will repair and/or replace defective Leased Equipment as long as such damage was not caused by your misuse or other improper operations or handling. A service charge may be imposed if damage to Leased Equipment is due to your negligent use or abuse or if no fault is discovered in TV-Desi's system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged TV-Desi Leased Equipment. TV-Desi makes no warranties, with respect to TV-Desi Leased Equipment or Services provided by TV-Desi or with respect to the Equipment's compatibility with any Customer-owned equipment.
13. TV-Desi Purchased Equipment Warranty:
A. TV-Desi warrants to you that the Purchased Equipment will be free from defects in workmanship and materials, under normal use and service, for one year from your date of purchase. You agree that TV-Desi's sole obligation under this express warranty shall be, at TV-Desi's option and expense, to repair the defective Purchased Equipment or part, deliver to you equivalent Purchased Equipment or part to replace the defective item, or if neither of the two foregoing options are reasonably available, TV-Desi may, on its sole discretion, refund to you the purchase price paid for the defective Purchased Equipment. All Purchased Equipment that is replaced will become the property of TV-Desi. Replaced Purchased Equipment or parts may be new or reconditioned. TV-Desi warrants any replaced or repaired Purchase Equipment or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
B. You shall promptly notify TV-Desi for warranty claims that Purchased Equipment is non-conforming to obtain a Return Materials Authorization number and return shipping information. Upon receipt and verification of non-conformity, TV-Desi will ship the repaired or replaced Purchased Equipment to you.
C. TV-Desi will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the Purchased Equipment does not exist or results from: (i) failure to follow TV-Desi's installation, operation, or maintenance instructions; (ii) unauthorized product modification or alteration; (iii) abuse, misuse, negligent acts or omissions of you and persons under your control; or acts of third parties, acts of God, accident, fire, lightning, power surges or outages, or other hazards.
D. You acknowledge and agree that IF PURCHASED EQUIPMENT DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT TV-DESI'S OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TV-DESI NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
14. Communication Charges: In order to receive Services from TV-Desi, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access TV-Desi Services. You also agree to bear any communication charges incurred by accessing TV-Desi Services through a third-party network, such as a cable or wireless carrier.
15. Customer Property: You are responsible to obtain and maintain equipment to access TV-Desi Services on www.TV-Desi.com. TV-Desi assumes no responsibility for the maintenance or repair of equipment you provided, including but not limited to television sets, VCRs, computers, laptop or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you provided.
16. Access to Customer Premises: When you elect onsite installation, you agree to provide TV-Desi's representatives with access at reasonable times to your premises to inspect and maintain the Leased Equipment, and upon termination of Services, to remove the same from the premises. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the TV-Desi onsite installation is carried out.
17. Customer Information:
A. TV-Desi maintains your personal identification information for the purpose of account management, billing and collections, and customer support and service management. You agree that TV-Desi may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of TV-Desi Services.
B. You agree that TV-Desi may record your conversations with TV-Desi call center representatives for the purpose of tracking records and improvement of our Customer Service.
18. Reproduction of Programs: You agree that the programs provided by TV-Desi will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Service, we may take immediate action to disconnect you to the Services or terminate your agreement with us.
19. TV-Desi's Rights:
A. TV-Desi has no obligation to monitor content or Services accessible by means of the TV-Desi STB or wireless card. However, you acknowledge and agree that TV-Desi has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers.
B. TV-Desi shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of TV-Desi's Equipment and Services.
20. Customer Service: If you have any technical faults and administration questions or want to request any changes in your TV-Desi account, you may contact TV-Desi customer service. The contact information of TV-Desi is available at 1-888-9TV-DESI.
21. Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
22. Breach of Agreement: TV-Desi, at its option, may suspend or terminate the Services and remove the Leased Equipment without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any details supplied to us; or (ii)you fail to pay the payment due for the Services within 30 days after TV-Desi's written notice; or (iii) if for reasons outside TV-Desi's control, TV-Desi cannot continue to provide the Services; or (iv) if you are involved in unlawful copying of content of any of the TV Services. TV-Desi's failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney's fees to TV-Desi in the event that TV-Desi shall find it necessary to preserve and protect its rights under this Agreement.
23. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of TV-Desi and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: www.tv-desi.com.
24. Changing the Term of Service: Sometimes, TV-Desi will need to change the Term of Service. We will publish details of all changes online at:
http://www.tv-desi.com/company/terms.aspx.
25. Disclaimer: TV-Desi assumes no liability for any program or information distributed over the system unless locally produced by TV-Desi. TV-Desi shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by TV-Desi.
26. Limitation of Liability: TV-Desi aims to provide a continuous, high-quality service, but we do not warrant that the Services or Equipment provided by TV-Desi will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of TV-Desi. In no event shall TV-Desi (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if TV-Desi has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
27. Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern our provision of the Services to you.
28. Choice of Law: You and TV-Desi agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and TV-Desi, shall be construed by and covered under and in accordance with the laws of the State of New York without reference to its principles of conflicts of laws.
Glossary
"Add-on Package" shall mean the packages that are available only with order of Basic Package. It includes but not limited to Marathi package and Gujarati package.
"Basic Package" shall mean the packages which are required to be ordered before availability of Add-on Packages. It includes but not limited to Bangla Package, Urdu Package, Malayalam Package, Tamil Package and Hindi Plus Package.
"Monthly Plan" shall mean any subscription plan of Basic Packages, Add-on packages and Promotional Packages which requires monthly subscription;
"Prepaid Plan" shall mean the subscription plan of any Prepaid Packages, which requires full payment of subscription fee for the complete mandatory subscription period at the time of order.
"Promotional Packages" shall mean the special packages launched for a limited time promotion which have strict provisions of qualification, a minimum mandatory subscription period and benefits exclusively for qualified subscribers.