This Agreement is entered into by and between Presentor Limited, hereinafter referred to as "the Operator", and "the Subscriber", and the Parties agree as follows:
1. Definitions in the Agreement
The Parties agree that for the term of validity of this Agreement the meaning of the terms used in the Agreement shall be as defined as follows:
Service - the right of access to a package of TV programs.
Subscription - Subscriber's access to the Service for the period specified in the Agreement.
Equipment - equipment intended for watching TV channels and complying with MPEG-4 DVB norms and technical requirements defined by the Operator, and other additional equipment required for the Service performance.
Public screening - any display or communication of Operator's programs by technical means in a place open for free visiting or in a place visited by a significant number of persons not belonging to the family circle.
2. Subject of the Agreement
2.1. The Subscriber purchases the Service from the Operator, and the Operator provides the Service to the Subscriber (pursuant to clause 1 of this Agreement). Should it be deemed necessary, the Operator provides the Subscriber with necessary Equipment for extra charge. In case the Subscriber purchases the Equipment by prepayment, the Equipment ownership shall be transferred to the Subscriber immediately upon receipt of payment by the Operator to its bank account. In this case, the Operator shall provide warranty support for the Equipment for 2 years from the date of purchase.
2.2. Access to the Service shall be provided to the Subscriber as soon as the Subscriber's payments for Services are credited to the Operator's account.
2.3. The Operator provides maintenance and warranty support to Subscribers in Europe.
3. Terms and Conditions of use and return
3.1. The Subscription is considered activated and the Service is provided from the moment of the first login, i.e. from the moment the login and password are first entered on any user Equipment.
3.2. The Subscriber is fully responsible for proper use and storage of the Equipment during the warranty period. Unauthorized use of the Equipment is prohibited and will be prosecuted.
3.3. The Subscriber may not use the Equipment and Services for public screening, as well as for organizing and providing access to the Services to third parties. The Subscriber agrees that the Equipment is intended for home use only. Any violation of this provision will result in termination of access without refund. The Operator also reserves the right to seek compensation through the court.
3.4. Should the Subscriber lose the password, the access code or the Equipment, the Operator shall not be responsible for losses incurred to the Subscriber.
3.5. The Subscriber has the right to return a non-activated Subscription by notifying the Operator by e-mail to firstname.lastname@example.org within 6 months from the date of payment for the Subscription. The Subscription will be automatically activated after 6 months from the date of payment for the Subscription.
3.6. The Subscriber has the right to return an activated Subscription by notifying the Operator by e-mail to email@example.com within 5 days from the date of activation. In this case, the Operator will block access to the Service and return the Subscription fee in full to the Subscriber within 20 working days.
3.7. The Agreement cannot be terminated by the Subscriber due to his/her relocation (changing his/her place of residence), disconnection of the Subscriber from the Internet, changes in speed and other parameters of data transfer from the Operator's server to the Subscriber's equipment or any other changes in terms of Service performance that result from reasons beyond the Operator's control.
4. Terms of payment for the Services
4.1. All amounts under this Agreement shall be paid in EURO at prices approved by the Operator, valid at the time of provision of the Service and including value added tax.
4.2. The Payer is to provide the Operator with all the necessary information about himself, such as name, full address and telephone number. The above mentioned information is to be up to date.
4.3. The payment date is the day when the payable amount is credited to the Operator's bank account. The Subscriber shall bear all banking costs resulting from payment of the Subscription fee.
4.5. If an individual mistakenly transfers funds to the Operator's account, then when returning these funds, the Operator has the right to withhold a commission fee of 20.00 EUR
5. Price of the Service
5.1. This Agreement establishes the prices that are indicated on telecola.tv website on the Agreement date.
5.2. The Subscription fee shall not be changed until the term of validity of the Agreement ends.
6. Obligations of the Operator
6.1. The Operator undertakes to provide complete information on the scope of the Service, number of channels and technical characteristics of video broadcasts. The Operator undertakes to inform the Subscriber of all changes in the Equipment and the Service, including releases of new applications and software. The Operator undertakes to notify the Subscriber on scheduled maintenance.
6.2. The Operator shall not be liable for the scope and image quality of channels broadcasted as part of the Service.
6.3. The Operator is obliged to provide consultations on setup and adjustment of the Equipment's software to the Subscriber within the scope of liability and during working hours of the Operator's Technical Support Service.
7. Obligations of the Subscriber
7.1. The Subscriber undertakes to use the Equipment and Services in accordance with the terms and conditions stipulated in this Agreement.
7.2. The Subscriber undertakes to perform the obligations specified in this Agreement. The undersigned person shall be deemed to be acting on his/her own behalf and at his/her own expense. The Subscriber shall notify the Operator about any changes in his/her name, address and banking details by any convenient means within 15 days from the date of such a change.
7.3. Should the Subscriber have got possession of any information (or suspects) that an unauthorized person uses his/her access codes to the Services, he/she shall immediately inform the Operator to have the code changed.
8. Suspension of use of Services
8.1. If the Operator considers that an event corresponding to any one of the following items has occurred, the Operator may suspend access to the Service to which the Subscriber is subscribed without notification to the Subscriber concerned and without any compensation:
- failure in performance of the Subscriber's obligations under this Agreement,
- unauthorized use of the Service,
- Force Majeure.
9. Term of validity and termination of the Agreement
9.1. The Agreement is valid for the period of the Subscription and commences, when the goods are received or the service begins to be provided.
9.2. During the term of validity of this Agreement the Operator may at any time terminate the contract indefinitely for a valid reason, namely:
a) The Subscriber is entering or has entered into bankruptcy proceedings;
b) The Subscriber uses services and goods provided by the Operator for fraudulent purposes, violates civil and criminal law, public order or customs in force, or raises such suspicions.
c) Other compelling reasons.
10. Force Majeure
10.1. The Operator shall not be responsible or liable to the Subscriber for any failure in the performance of its obligations under this Agreement arising out of or caused by forces beyond the Operator's control, which could not have been foreseen, avoided and overcome, such as natural disasters, laws, decrees, resolutions or omissions by governments, other authorities or other parties, for which the Operator is not responsible.
10.2. Since the Operator is not a program and channel creator, the Operator shall not be responsible for the content, changes in the broadcasting grid or complete cessation of broadcasting of programs that are transmitted as part of the Service for which the Subscriber is subscribed.
11. Dispute Resolution
11.1. All disputes between the parties are to be settled through negotiations. In case no agreement has been reached, the dispute between the parties shall be settled by arbitration in accordance with applicable law in force. The decision of the arbitration court shall be final and binding to both Parties. Court costs are to be paid by the losing party, unless decided otherwise by the court. The place of jurisdiction is Nicosia, Cyprus.
12.1. The Subscriber confirms that he/she agrees to the terms and conditions of this Agreement. Should any provision of this Agreement be deemed null and void by law, other provisions shall remain in force.
12.2. All amendments and additions to this Agreement are valid only if they are formalized as a supplementary agreement made in writing and signed by both Parties.
13. Details of the Parties
Presentor Limited LLC
Tenarou 4, Agios Dometios, 2360 Nicosia, Cyprus