TERMS AND CONDITIONS FOR SUBSCRIPTION AGREEMENT
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR THE AKASH DTH SERVICES. BY ACCEPTING THESE TERMS AND CONDITIONS PROVIDED HEREINAFTER, SUBSCRIBER CONFIRMS ACCEPTANCE OF THE TERMS AND CONDITIONS POSTED ON WEBSITE OF AKASH AND THE TERMS AND CONDITIONS PROVIDED IN THE MOBILE APPLICATION (IF AVAILABLE). AKASH RESERVES THE RIGHT TO UPDATE OR REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME POSTED ON THE WEBSITE OF AKASH AND IN THE MOBILE APPLICATION (IF AVAILABLE). AKASH MAY GIVE NOTICE OF AMENDMENT TO SUBSCRIBER IN SUCH A MANNER AS AKASH DEEMS APPROPRIATE. CONTINUATION IN THE ACCESS TO OR USE OF AKASH SERVICES SHALL BE DEEMED AS ACCEPTANCE BY SUBSCRIBER OF CHANGES TO THESE TERMS AND CONDITIONS.
“Account Balance” means the current available amount in the Subscriber’s Personal Account.
“Activation” means such procedure or sequence of actions specified by AKASH representing the order resulting in granting the access to the Services for the Subscriber.
“Active Account Status” means status of Subscriber’s Personal Account when the Subscriber has Minimum Account Balance or is within the grace period (if applicable).
“Address” means Subscriber’s address in Bangladesh as per SAF and/or AKASH records or any new address in Bangladesh to which the Subscriber relocate the Services in accordance with the Subscription Agreement.
“Authorized Distributor/Dealer” means any person or legal entity appointed and authorized by AKASH to distribute the Services.
“AKASH” means Beximco Communications Limited, a company duly registered under the laws of Bangladesh, owning a valid license for the provision of such Services issued by the Ministry of Information of Bangladesh.
“AKASH’s Website” means www.akashdth.com
“Broadcaster” means broadcaster of the individual channels which are provided by AKASH to the Subscribers.
“Call Center” means the authorized call center, the number of which is provided at the AKASH’s Website.
“Content” means any scheduled programming channel, platform service and any other programming services that AKASH may offer as part of any Package.
“Coverage Area” means the area within the Territory where it is technically possible to receive the Services.
“CPE” means the Customer Premises Equipment, components and accessories recommended by AKASH and installed at the premises of the Subscriber to enable reception of the Services, which shall include all indoor and outdoor units including dish antenna and low noise block feed horn, STB for providing the Services to the Subscriber.
“Direct to Home (DTH)” means distribution of multi-channel TV programs by using a satellite system by providing TV signal directly to the premises of the Subscriber without passing through an intermediary such as cable operators or other distributor of TV channel.
“Fees” means any charge levied by AKASH in accordance with schedule of tariffs published by AKASH from time to time including any tax, duty, charge and imposition levied in connection with the Services.
“Grace Period” means any discretionary period, to be given by AKASH at its sole discretion, starting from the notified due date i.e. the date on which Subscriber’s Personal Account is due for recharge until the date the Services to the Subscriber is deactivated for failure to maintain the Monthly Subscription Fee.
“Helpline” means Call center of AKASH, the number of which to be notified by AKASH.
“Installation” means set-up of CPE at the Address of the Subscriber.
“Installation Service Fee” means the amount payable by the Subscriber to AKASH towards services rendered in connection with installation of CPE at the Address as specified by the Subscriber.
“Installation Team” means Team of technical personnel of AKASH or its Authorized Distributor/Dealer who will undertake the installation of CPE at the Subscriber’s premises.
“Letter of Acknowledgement” means a form duly signed by the Subscriber at the time of acquisition of CPE.
“Lock-in-Period” means a period 6 (six) months starting from the Activation date when the Subscriber shall be obligated to take the Services from AKASH as per the applicable Directives.
“Long Duration Subscription” means a subscription pack with a pre-defined period where the entire subscription is required to be paid in advance for the period subscribed to.
“Multi Dwelling Unit (MDU)” means a unit situated in a building with two or more floors with single or multiple units on each floor.
“OTA” means Over-the-Air, the principal method of transferring the information between the AKASH’s broadcasting stations and Subscriber’s Set Top Box over the open airwaves.
“Packages” means the packages of TV channels, which are bundled and offered by AKASH.
“Personal Account” means virtual account of the Subscriber that has been created by AKASH in order to allocate Subscriber’s funds and keep track of his balance and possibility to receive the Services.
“PVR” means Set Top Box having the Personal Video Recorder (PVR) functionality.
“Reconnection Fees” means an amount of money that AKASH charges, at its sole discretion, to the Subscriber in order to reconnect the Services after it has been stopped by the Subscriber for a period of consecutive 60 days.
“Registered Mobile Number” means the mobile phone number provided in the SAF or recorded with AKASH.
“Refund Table” means the refund table available or published at www.akashdth.com detailing the refund value for the STB.
“Services” means the Direct to Home (DTH) services provided by AKASH in Bangladesh.
“Set Top Box or STB” means the device, together with a Remote Control and associated accessory which is compatible and able to receive and/or decode the AKASH signals which may also include products capable of receiving Services in High Definition (HD), digital video recording devices, speaker systems etc. or any other similar products capable of viewing Services.
“Subscriber” means any person in Bangladesh who is granted or permitted by AKASH to receive the Services via the CPE and enters into an Agreement with AKASH and provides filled out SAF to AKASH.
“Subscription ID” means the unique subscriber identification number/code issued to Subscriber for purposes of accessing to Subscriber’s Personal Account and availing the Services at the specified Address.
“Subscriber Application Form (SAF)” means the application form that the Subscriber is obliged to fill out and provide to AKASH or its Authorized Distributor/Dealer or submit to the designated mobile application of AKASH (if available).
“Subscriber’s Personal Data” means personal information provided by the Subscriber in the Agreement or SAF or in any other method to AKASH for recording in AKASH’s billing and other systems.
“Subscriber’s Personal Account” means Subscriber’s personal page, subject to availability, at the AKASH’s Website which is used to access Subscriber’s balance enquiries for using the Services.
“Subscriber’s Premises” means the address and location provided by the Subscriber for using the Services.
“Subscription” means granting access to the Subscriber for certain period for certain Package on the prepaid or postpaid basis as offered by AKASH.
“Subscription Fees” means pre-paid fee, either for a period of 30 days or any other period of days, for Service Package(s) that is required to be paid by the Subscriber according to the AKASH’s fixed Tariffs in force in order to receive the Services. The Subscription Fee may be revised by AKASH from time to time without any prior notifications.
“Terms and Conditions” means these terms and conditions contained herein and on website for using the Services.
“Territory” means territory of the People’s Republic of Bangladesh, bounded by its geographical borders.
“TV Programs” means the contents or programs that are provided through the Services.
“VAS” means value added services, or other services provided by AKASH supplementary to the main Services (if and when available).
2. SCOPE OF THE AGREEMENT
2.1. The purpose of this Agreement is to set forth the terms and conditions for DTH Services and any related VAS as provided by AKASH.
2.2. AKASH will provide the Services and continue providing the Services subject to occurrence of force majeure events (Please refer Clause 19.8); legal, regulatory or governmental control and intervention and the observance of clauses of this Agreement.
3. CONNECTION TO AKASH AND PROVISION OF SERVICES
3.1 The Subscriber shall fill up or cause to fill up the Subscriber Application Form (SAF) and/or Letter of Acknowledgement. Subscriber shall ensure that all information provided in the SAF and/or Letter of Acknowledgement for the purpose of subscribing to the Services are accurate, current and complete and Subscriber undertakes to inform AKASH of any updates to such information.
3.2 Upon completion of SAF and/or Letter of Acknowledgement by the Subscriber, AKASH will grant a non-exclusive, non-transferable license to Subscriber to use the Services (including the license to use all necessary software in connection with the Services), and such license shall be automatically revoked once the term of the Services expires or once the Service(s) is terminated for whatever reason.
3.3 The Services will be provided to Subscriber in accordance with the laws of Bangladesh.
3.4 AKASH shall provide the Services to the Subscriber only for non-commercial use, and viewing at the Address and therefore, Subscriber shall not be able to use the Services or any part of it for any other purposes, especially for commercial purposes.
3.5 AKASH reserves the right to decline any SAF and/or Letter of Acknowledgement without assigning any reason whatsoever thereto.
4. CPE AND SERVICE PACKAGES
4.1 The Subscriber has the option to acquire CPE either through Contract Scheme (where AKASH is the owner of CPE) or Purchase Scheme (where Subscriber is the owner of CPE). Notwithstanding the foregoing, Subscriber has to subscribe to the Service Package(s) as offered by AKASH from time to time in order to access to the Services provided by AKASH.
4.2 AKASH shall decide on the pricing for the CPE and Service Packages mentioned in Clause 4.1 from time to time and the same shall be updated in the website of AKASH accordingly.
4.3 For CPE under Contract Scheme, the Contract Period shall commence on the date of Service Activation and expires upon the expiry of the Contract Period, which may vary depending on the mode of acquisition of CPE by the Subscriber. In the event of discontinuation of Services before the expiry of Contract Period, the Subscriber shall be liable to pay discontinuation fee (which may vary depending on the length of the Contract) as detailed on AKASH’s website.
4.4 Subscriber, under Contract, shall be liable to return CPE in good working condition within 7 (Seven) days of service discontinuation within the Contract Period. Unless otherwise provided in the Agreement, services shall be deemed to have discontinued by the Subscriber, if s/he fails to subscribe to the service package(s) for a consecutive period of two months within the contract period.
4.5 Once the Contract Period expires, the Services will continue as per the Service Package(s) upon payment of Subscription Fees and Subscriber will be the owner of CPE upon payment of all fees/charges associated with CPE and Service Package(s).
4.6 For package without Contract Period, the Services will commence upon registration and activation of CPE and will continue as long as the Subscriber continue to subscribe to the Service Package(s) as offered by AKASH.
4.7 The Subscriber acknowledges and agrees that the Content broadcasted by AKASH as a part of Service Package(s) is being supplied by other parties and availability of Content is outside of AKASH’s control.
5. DELIVERY OR RETURN OF CPE
5.1 Each Subscriber shall receive CPE along with a package for the Services subscribed. The Subscriber shall ensure that all CPE and any part thereof are in good and working conditions during the continuation of Services. In the event any CPE or any other items is/are damaged or lost due to the negligence of the Subscriber, the Subscriber shall immediately inform AKASH and purchase a replacement unit of CPE from AKASH or its authorized representative(s) only. In the above event, the replacement cost of CPE shall be the purchase price of CPE at the time of being replaced, and the replacement cost of unit of CPE shall be determined by AKASH from time to time.
5.2 If the Subscriber, under Contract Scheme, terminates the Services provided within the contract period, then, s/he has to return CPE or any other items included in the package to AKASH in good and working condition and to the standard acceptable by AKASH. In the event of failure to do so, Subscriber shall be charged with the full costs of CPE which shall be the Purchase Price of CPE, AND the payment of the same to AKASH shall be a continuing debt due, recoverable by legal action if necessary, for which the Subscriber shall be liable for all costs and expenses incurred by AKASH.
6.1 Installation will take place at a mutually convenient time and AKASH will make reasonable efforts to arrange an Installation Team to perform installation on the time and date requested by the Subscriber.
6.2 Prior to the installation, the Subscriber needs to obtain the necessary permission(s)/authorization(s) required for installation at the Address including the requisite permission(s)/authorization(s) to access any common (or third party) property (i.e. MDU) for the purpose. The Subscriber shall be solely responsible for resolving/addressing any and all third-party objections to the installation at the Address. The Subscriber must ensure that Installation Team of AKASH can safely access the Address and any common (or third party) property and carry out the installation in a safe and peaceful manner. Installation at the Address is subject to fulfillment of the requirements by the Subscriber of this clause.
6.3 Installations Fees will be charged at the prevailing rate schedule of AKASH. Such charges may be directly debited from Subscriber’s Personal Account.
6.4 AKASH reserves the right to charge the Subscriber and debit from Subscriber’s Personal Account if the Installation Team has visited and the installation has not taken place because: (i) any necessary permission(s)/authorization(s) have not been obtained or are withdrawn, or (ii) the Subscriber or its authorized representative are not present at the appointed time.
6.5 The Subscriber needs to contact the Helpline at least 36 (thirty-six) hours prior to the scheduled installation in the event Subscriber wishes to reschedule the installation time or wish to change the installation address.
7. RELOCATION TO NEW ADDRESS
7.1 If the Subscriber wants to relocate the Services to a new Address, the Subscriber must notify AKASH immediately and book a Relocation Work Order request providing the details of the new address to AKASH. The Subscriber will then be advised by AKASH on the procedure and the charges applicable for the relocation. AKASH cannot guarantee that the installation can be performed or that the Subscriber will be able to receive Services at the new Address. Installation at the new address will be carried out only in the presence of the Subscriber or its authorized representative.
7.2 AKASH reserves the right to deactivate the Services in case CPE is moved from the Address and installed at an alternative address without written authorization of AKASH.
7.3 Installation at a new Address will be subject to Subscriber’s fulfillment of the conditions laid down for Installation.
8. CHARGES AND PAYMENTS
8.1 Details of payment in relation to the acquisition of CPE, installation of CPE, Subscription Fees, Connection Charges and other charges are available at AKASH's Dealer Point and AKASH's website or shall be communicated to the Subscriber(s) through any other mode as AKASH determines appropriate.
- Costs of CPE - payable prior to the delivery and installation of the CPE ("Purchase Scheme"). CPE may also be available on a fixed monthly fees, under Contract Scheme, in which case the Subscriber shall be required to submit a security deposit with AKASH as per AKASH's prescribed, predetermined rates and in such a case CPE ("Contract Scheme") shall at all times be the property of AKASH until and unless payments of all fees/charges associated with CPE and Service Package(s) have been fully paid by the Subscriber.
- Connection Fees- a once only payment (where applicable), payable prior to the installation of CPE and before provisioning of the Services.
- Installation Fees- payable (where applicable) prior to installation or reinstallation or relocation and Connection of the Subscriber Device with the System.
- Subscription Fees- payable by the Subscriber to AKASH monthly in advance for the Services and from the date the Service(s) is made available to the Subscriber.
- Reconnection Fees- the Subscriber must pay AKASH an amount of BDT 200 or any other amount as communicated by AKASH as Reconnection fee to have access to AKASH Services after the Subscriber has been disconnected for non-payment of Subscription Fees for a period of consecutive 60 days and/or any breach(es) of the Subscription Agreement
- All Charges- payable in arrears/advance (as the case may be), including all charges incurred in relation to CPE and Services, whether or not the Subscriber used or authorized the use of CPE giving rise to those charges.
- AKASH agrees that it will refund or adjust from the next bill; such amounts to the Subscriber that it determines have been over-billed or incorrectly debited and are not in accordance with the usage of the Services by the Subscriber.
- By entering into this Subscription Agreement, the Subscriber is authorizing AKASH to automatically charge from Subscriber’s Personal Account for the Subscription Fee and for any other payments or charges in connection with the Services on the due date for such payments.
- The Subscriber may increase Subscriber’s Account Balance by using Scratch Card or any other authorized electronic mode of payment, as notified to the Subscriber by AKASH. The Account Balance of Subscriber is non-transferrable and non-refundable.
- The Services may be made available to the Subscriber during any Grace Period at the sole discretion of AKASH. Prior to expiry of any applicable Grace Period (if applicable), the Subscriber will be required to maintain a minimum account balance in the Personal Account of Subscriber.
- Without prejudice to AKASH’s rights to deactivate and cancel the Services, AKASH reserve the right to charge at 18% per annum or the maximum rate permitted by laws of Bangladesh on any past/current due payments.
- Taxes, Duties and Levies (collectively referred to as ‘Taxes’) which are or may be levied in accordance with applicable laws, rules and regulations. The Subscriber acknowledges and agrees that Taxes collected by AKASH from the Subscriber will not be refunded under any circumstances including in the event the Subscriber cancels the Subscription to the Service Package(s) or the Service/Subscription is deactivated for any reasons by AKASH or the Subscription is deactivated at a request made by the Subscriber or for any reason whatsoever. Moreover, if any taxing or government authority, (i) increases the taxes, duties, levies, charges, and makes it applicable retrospectively for any Services already rendered by AKASH to the Subscriber or (ii) asserts that AKASH should have made a deduction or withholding for or on account of any Taxes from the Subscriber which AKASH did not make, the Subscriber undertakes to make the payments as and when charged by AKASH and the Subscriber hereby agrees to indemnify AKASH for such taxes and hold AKASH harmless from and against any Taxes, interests or penalties levied or asserted in connection therewith.
Other terms specific to all Subscription:
- The Charges shall be determined exclusively by reference to details of Services recorded by AKASH.
- Only Subscribers who have made a written request to AKASH may receive information as regards to usage of Services and such information will be made available either in printed or electronic form, subject to payment of a charge to be stipulated by AKASH. The information will only be provided about usage of Services within the period of four weeks preceding the date of receipt of such a written request by AKASH. The invoices or printed/electronic record of such information shall be final and binding on the Subscriber unless the Subscriber can establish to the satisfaction of AKASH within one month of the date of the invoice/printed/electronic record that an entry contained therein is incorrect.
- The Subscriber may purchase AKASH Scratch Cards ("the Cards") or may use authorized electronic mode of payment for payment in connection with AKASH’s Services and shall be charged such other fees as AKASH may determine from time to time in connection with such connections. The value of any Card or payment through electronic mode shall be adjusted against any Charges and other amounts due to AKASH for utilization of the Services by the Subscriber. Notwithstanding the foregoing, AKASH's records regarding any charges shall be final and binding on the Subscriber. Furthermore, each Card shall contain an expiry date and the Card shall require to be dialed in for activation of Services prior to date of expiry and failure to do so will render the Card invalid with no obligation or liability of AKASH arising from such invalidity.
- AKASH shall have the right to suspend/disable/delete/permanently disconnect/retire the provisions of the Services to the Subscriber when Subscriber’s ID becomes invalid due to failure to make payment of Subscription Fees for a consecutive period of 90 days. A Subscriber will not be able to claim his/her Subscription ID after permanent deletion. AKASH is under no obligation to inform a Subscriber about the permanent deletion of his/her Subscription ID.
- AKASH shall have the right to re-use/recycle/resell any Subscription ID corresponding to a permanently deleted account.
- If there is no activity within a consecutive period of 90 days, AKASH has the right to block, cancel and resell the Subscription ID without giving any notice as AKASH has the sole right to determine any time the current state of any Subscriber's account.
9.1 The Subscriber, either postpaid or prepaid, has to subscribe to the Service Package(s) as offered by AKASH from time to time in order to access to the Services provided by AKASH and shall be liable for payment of all the Charges according to the terms of the package(s) or scheme(s) opted by the Subscriber and as modified by AKASH from time to time.
9.2 AKASH shall in its discretion determine an appropriate credit limit for the postpaid Subscriber and such credit limit is to be covered by a security deposit placed by the Subscriber with AKASH. No interest shall will accrue from this security deposit. In the event that the credit limit is exceeded at any time, AKASH shall be entitled to disconnect the Services of AKASH and the Subscriber hereby waives all claims and rights in respect thereof including the right to contest such disconnection. The security deposit less any amount certified by AKASH as being owed to it by the Subscriber shall be refunded by AKASH following termination of this contract.
9.3 All invoices of AKASH are due for payment by the Subscriber by the due date printed on the invoice/ provided in the Personal Account of Subscriber and/or notified to the Subscriber via sms. Failure to pay the entire invoice amount by this due date shall render the Subscriber liable to immediate disconnection from the Services and/or render the Subscriber liable to late payment surcharge and may further result in forfeiture of the security deposit or CPE. Before reconnection, the Subscriber shall be required to pay all outstanding amounts plus prevailing Reconnection Fees and may also be required to pay an advance against payment of future accounts of such amount as may be determined by AKASH. The reconnection charges shall be intimated to the Subscriber in advance.
10. DEACTIVATION AND CANCELLATION
10.1 Services will be deactivated by AKASH, if
- Subscriber fails to maintain a minimum account balance for Subscription Fee; or
- Subscriber requests for deactivation of Services in accordance with this Agreement.
10.2 Subscriber can request for cancellation of the Services via any of the modes made available by AKASH to Subsber for cancellation of the Services. Upon cancellation of the Services by AKASH, the Subscription Agreement shall stand automatically terminated from the date of cancellation.
10.3 AKASH reserves the right to deactivate or cancel the Services if at any time any license, permission or authorization necessary for AKASH to provide the Services is revoked or suspended.
10.4 AKASH may cancel the Services at any time, at its sole discretion, if AKASH determines that the Subscriber:
- are in breach of any provisions of the Subscription Agreement;
- have acted in a manner that is inappropriate;
- copy, redistribute, relay, re-broadcast, or transmit the Services and/or recordings made via Personal Video Recorder (PVR) integrated in STB in an unauthorised manner or otherwise allow the interception of the Services and/or recording made via PVR by any equipment which would allow for its distribution or redistribution from the Address to any neighboring premises, cable operator or any other person or entity or AKASH suspects that the Subscriber is copying, redistributing, relaying, re-broadcasting, or transmitting the Services and/or recording made via PVR in an unauthorized manner or otherwise allowing the interception of the Services and/or recordings made via PVR by any equipment which would allow for its distribution or redistribution from the Address to any neighboring premises, cable operator or any other person or entity;
- use the Services or CPE or any related facilities for transmitting objectionable content, messages or communications or anti-national activities;
- show or permit the viewing of the Services and/or any recordings including those made via PVR in public to an audience.
10.5 In case of cancellation, any available balance in the Subscriber’s Personal Account will be forfeited.
10.6 Upon termination of the Subscription Agreement, the Terms and Conditions which by their nature are intended to survive the termination of the Subscription Agreement will continue to apply after the term of the Subscription Agreement ends.
10.7 If the Subscriber breaches any provisions of this Subscription Agreement, the Subscriber agrees that:
- AKASH or any affected party may prosecute violations of the foregoing against the Subscriber and other responsible parties in any court of competent jurisdiction and under any applicable laws;
- AKASH may prevent the Subscriber from carrying on any unauthorised activities by any means available under applicable laws, including preventing the Subscriber from receiving the Services.
- for any act committed by the Subscriber in relation to the Services amounting to an offence under copyright and/or any other laws, the Subscriber shall pay AKASH such amount(s) as directed by AKASH. AKASH shall also be entitled to take such action as AKASH deems appropriate to curb such acts, including deactivation and/or cancellation of Services and avail of other civil or criminal remedies as provided under the law.
11. ANTI-PIRACY MEASURES
11.1 Notwithstanding anything contained in this Subscription Agreement, AKASH shall be entitled, at all times, to employ such measures for the direction of piracy and/or other unlawful activities with respect to the Services as AKASH deems fit, including but not limited to, fingerprinting or any other mechanism or systems deployed by AKASH and/or third parties authorized by AKASH for the purpose.
11.2 Subscriber’s usage of the Services shall be closely monitored for activities resulting in breach of the terms of this Subscription Agreement and/or other intellectual property rights of any party and/or violation of any law. In the event of a suspicion/ detection of misuse by the Subscriber of the Services, AKASH shall be entitled to take such action as AKASH deems appropriate to curb such misuse, including deactivation and/or cancellation of Services and civil or criminal remedies as provided under the laws.
11.3 AKASH shall not be liable to Subscriber for any bona fide action (including deactivation and/or cancellation) taken by AKASH to protect the intellectual property rights of any party and/or check other unlawful activities in relation to the Services, even if such action is based on information (whether generated by AKASH or provided to AKASH by authorized third party/ies) which is later proved to be incorrect.
12.1 AKASH reserves the right to reactivate any deactivated Subscriber Account at its sole discretion.
12.2 On reactivation upon recharge, the Subscription Fee for any viewing during the Grace Period (if applicable) will be charged to and debited from Subscriber’s Personal Account.
13. SUBSCRIBERS RIGHTS AND RESPONSIBILITIES
13.1 The Subscriber acknowledges that s/he was explained all the information for acquisition of CPE, package details and terms & conditions of the Services and s/he understood the same. The Letter of Acknowledgement duly signed by the Subscriber shall be considered as an integral part of this Subscription Agreement.
13.2 In order to conclude the Agreement and to ensure validity of Services, as well as for the technical and customer support of the Subscriber during entire period of providing the Services, the Subscriber must provide all the information as required by the mandatory field of SAF.
13.3 Upon signing the Agreement and/or Letter of Acknowledgement, installation of required CPE in the address as mentioned in the SAF or provided to AKASH by any other method, payment of required Subscription Fee for chosen Package and the Activation the Subscribers will have right to view the specific TV program Package subject to the Terms and Conditions of this Agreement.
13.4 It is the responsibility of the Subscriber to ensure the availability of a suitable location for installing the external dish antenna. Further, to enable the Services to commence and/or operate, the Subscriber must make provision for internal/ external wiring and also allow the Installation Team to have access to the required part of the Subscriber’s premises.
13.5 If the Subscriber is unable to provide a suitable location for installation of the CPE, such as, where a clear Line of Sight (LOS) of signal is not possible the Subscriber will be given a refund for CPE subject to the deduction of visitation fee (please find details in website).
13.6 Subscriber declares that the information as provided in the SAF and/or Letter of Acknowledgement is correct and valid. AKASH reserve the right to examine the information or request documentation for validation.
13.7 The Subscriber shall only purchase and use the CPE as specified and/or provided by AKASH for the purposes of receiving an access to the Services. No warranty shall be valid in case the Subscriber has chosen to use any CPE materials not specified or provided by AKASH or has not maintained the CPE with due care.
13.8 In order to receive access to the Services, the Subscriber must pay Subscription Fee. In case of non-payment and/or insufficient balance in Subscriber’s Personal Account, the Services will be discontinued. The Subscriber may seek the information related to status of his/her account or submit any request, through all means and/or channels (such as, call center, e-mail) made available to the subscriber by AKASH.
13.9 In the event of any disruption of Services, the Subscriber must inform AKASH and AKASH shall make best efforts to restore the Services at an earliest possible time.
13.10 The Subscriber shall seek the information related to status of his/her Personal Account that is available on the AKASH’s Website (if available) with personal login and password or by making enquiry to the Call Center.
13.11 The Subscriber understands, acknowledges and agrees that due to the nature of DTH technology, DTH services to be provided by AKASH can be temporarily obstructed or interrupted due to substantive fluctuation in the weather (such as, heavy rain, thunderstorm, solar outage etc.) and/or existence of any other related circumstances which is beyond the control of AKASH and in such premises, AKASH shall not be held responsible for unavailability of DTH Services.
13.12 This Subscription Agreement would be subject to a Lock-in Period. Should the Subscriber surrender the connection for the Services, the Subscriber shall have the option of returning the STB(s) to AKASH, if and only if, the STB is in good and working condition and will be able to get a refund as per applicable Directives.
13.13 The Subscriber acknowledges that AKASH shall have the right to use Subscriber’s Personal Data and information of his/her services usage for the purpose of services development, providing offers, informing subscribers, or any other purpose as deemed required by AKASH or its authorized business partners.
13.14 The Subscriber shall not have the right to re-sale CPE or assign the rights under this Agreement to a third party without the prior written permission of AKASH.
13.15 The Subscriber shall notify AKASH in the event the Subscriber wants to relocate or change his address. Upon approval from AKASH and availability of a suitable location for installation of CPE, AKASH may provide re-installation services to the Subscriber upon payment of re-installation fee.
14. RIGHTS AND OBLIGATIONS OF AKASH
14.1 AKASH shall provide warranty for CPE as per the warranty instruction as provided with CPE.
14.2 AKASH shall be entitled to employ all measures, including but not limited to “fingerprinting” for detection of piracy and/or any unlawful activities, with respect to the Services, as it deems fit and necessary.
14.3 AKASH reserves the right to offer the Subscribers VAS or other promotional offers as and when available.
14.4 AKASH reserves the right to add, deduct, enhance, modify, and discontinue any product, Services, number of channel in the Package at any time at its sole discretion for any reason without any prior notification. In such events, AKASH also reserves the right to assign a new product and/or Services to the Subscriber.
14.5 AKASH reserves the right to refrain from providing any Content/Channel in the interests of national security or in the event of emergency/war or similar situation or if the Content/Channel is anti-national or promotes political/religious propaganda or is against public policy or is banned/restricted from being distributed under any applicable laws or AKASH otherwise determines that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interests of the subscribers of AKASH or the general public.
14.6 AKASH reserves the right to modify in any way and at any time, in whole or in part, the conditions applicable for rendering the Services, including substitution and withdrawal of TV Channels and/or Programs included in the Packages, for any period as it deems fit.
14.7 AKASH shall have right to terminate, suspend, refuse or bar the Services for using unauthorized CPE, providing untrue or mismatching information on the SAF and/or Letter of Acknowledgement and/or not notifying in writing any changes in given information.
14.8 AKASH shall have the right to re-use, recycle, re-sale of any CPE as returned by any Subscriber.
14.9 AKASH shall be entitled to inspect the Address premises, without prior notice and during reasonable hours permitted under the law to verify compliances of the Subscriber with the Subscription Agreement and the intellectual property rights of any party and, in connection with such inspection, to take photographs and gather documents, materials, equipment or other information necessary as proof of any violations of this Subscription Agreement or intellectual property rights of any party.
15.1 AKASH reserves the right to terminate the Agreement with immediate effect unilaterally without assigning any reason whatsoever.
15.2 This Agreement may be terminated with immediate effect, due to legal or regulatory requirements and/or breach of any of the terms and conditions of this Agreement.
16.1 This Agreement is personal to the Subscriber and the transfer of Services to another person shall not be allowed without AKASH's written approval and implementation of AKASH's procedure for such transfer. Furthermore, the Subscriber is not permitted to commercially exploit the Service/s of AKASH without prior written permission of AKASH.
16.2 AKASH may at any time assign its rights under this Agreement to any third party without prior notice to the Subscriber. However, AKASH shall ensure that any such assignment shall not affect the provision of Services to the Subscriber adversely.
17. OTHER TERMS AND CONDITIONS
17.1 AKASH shall have the right to temporarily suspend, limit, disable or interrupt the entire Services or any part thereof for repair, maintenance, and circumstance beyond its control or as legal or regulatory requirements.
17.2 Along with anything stated in this Agreement, any information brochure, promotional offers, notification or any other matter which will be published by AKASH related to its product, Services conditions, Package price, Billing policy and Payment methods or any other shall be considered as an integral part of this Agreement.
17.3 With regards to the interpretation of any Terms and Condition under this Agreement, the decision of AKASH shall be final and binding upon the parties.
18. REPRESENTATIONS AND WARRANTIES:
18.1 Neither AKASH nor its authorized representative warrants that the Services will be uninterrupted or error-free or that any information, software or other material accessible on the Service(s) is free of viruses, worms, Trojans or other harmful components.
18.2 Both AKASH and Subscriber warrant and represent that no alteration, attachment, or repair will be made to CPE except by AKASH's authorized representative or agent.
18.3 Subscriber warrants and represents that the Subscriber, or its authorized representative has achieved the age of majority (i.e. 18), is otherwise competent to enter into or has the authority to execute this Subscription Agreement and be bound by it. Any breach of this clause shall be grounds for cancellation of the Services and/or termination by AKASH of this Subscription Agreement.
18.4 Save as expressly stated herein, all conditions, warranties and undertakings, expressed or implied, statutory or otherwise are excluded.
19. LIMITATION OF LIABILITIES
19.1 AKASH shall not be held liable for TV contents provided by different Broadcaster.
19.2 AKASH shall not be held responsible for any loss, damage or theft of CPE and the consequential usage of the Services for any purposes including but not limited to malicious, unlawful or criminal purposes.
19.3 AKASH shall not be held liable for any health hazard or harms to Subscribers or any other third parties, that may arise by the use or abuse of the services or the CPE.
19.4 AKASH shall not be held liable for any damages or losses that may cause to the CPE or associated instruments such as Subscriber’s premises or TV etc. due to Act of God, natural or non-natural events, including but not limited to, lightening, faulty power supply, flood etc.
19.5 AKASH shall not be held liable for any consequential or indirect damages or losses caused to Subscriber or to the property of Subscriber or third party on account of CPE, Services or any installation, whether based on AKASH’s negligence or otherwise. AKASH shall not be held responsible for loss or corruption of any data recorded by the Subscriber via PVR, which for technical reasons is beyond AKASH’s control. Regardless of the cause, AKASH’s total liability for any proven direct damages or losses to Subscriber and anyone else shall not exceed the amount that Subscriber has paid to AKASH for the Services during the six (6) months period immediately prior to the specific event that gave rise to such damage or loss.
19.6 AKASH shall not provide any refund/credit for any value on the lost/damaged STB and/or unused Scratch card once it is sold.
19.7 AKASH reserves the right, without any liability whatsoever to Subscriber, to interrupt, suspend, deactivate, cancel, modify or refuse to provide the Services or any part of the Services, (i) if AKASH determines, in its sole discretion, it is necessary under any laws; (ii) due to a failure or degradation of any facilities, equipment or systems used to provide the Services; (iii) to combat any acts of piracy, fraud or misuse the Services; (iv) due to any act beyond the control of AKASH; (v) for any legitimate business purpose.
19.8 AKASH shall endeavor to provide best quality services but does not guarantee to do so. AKASH will not be held liable for services interruptions or any other inconveniences or losses that the Subscribers may suffer for a “Force Majeure Event” i.e. any reason or cause beyond the control of AKASH including but not limited to an act of God including floods, windstorm or other natural disaster; failure of communications, equipment, machinery; transmission limitations/problem caused by topographical, geographical, hydrological, environmental conditions and/or such other factors/features/conditions, system(s) changes or capacity limitation for the reasons of up-gradation, variations, installation, relocations, repairs, operation and/or maintenance of systems/equipment/the services; revocation of license; breach of contract by any content and/or technology partner(s) of AKASH; threat to security of AKASH personnel; theft, tampering with or without damage to AKASH property or facility.
19.9 The Subscriber shall indemnify and hold AKASH harmless, its affiliates, contractors, distributors and the respective officers, employees and agents of the foregoing against any and all claims, lawsuits, demands, actions, costs, liabilities, judgments, losses, damages and expenses (including legal expenses of a lawyer or lawyers) which arise out of or relate to any acts or omissions by Subscriber, including any breach by the Subscriber of the Subscription Agreement or use or misuse of the Services by the Subscriber or anyone authorizing by the Subscriber.
20. END USER LICENSE AGREEMENT:
The Subscriber shall comply with the terms and conditions of all end user license agreements applicable to Subscribers accompanying any software or plug-ins to such software distributed or Channels provided in connection with the Services including the AKASH Software License Agreement. All these agreements will terminate on the termination of the Services and at such time the Subscriber shall destroy all versions and copies of all software received by him/her in connection with the Services.
21. DISPUTE RESOLUTION AND JURISDICTION
In case of any dispute arise under this Agreement; the parties shall try to resolve the issues through mutual agreement. In case of the parties fail to come to a mutual settlement within a reasonable time, shall be referred to the sole arbitration of an officer to be deputed by AKASH (“Arbitrator”) and such arbitration shall be held in Dhaka. The decision of such Arbitrator shall be final and binding on both parties.
22. GOVERNING LAWS
This Agreement shall be governed and construed in accordance with the laws of Bangladesh and the parties agree to submit to the exclusive jurisdiction of the Arbitrator appointed as per this Agreement.
23. ENTIRE AGREEMENT
The Terms and Conditions of this Agreement together with any referred documents hereto and the Letter of Acknowledgement shall constitute the entire Agreement between AKASH and the Subscriber subject to the amendments to be made in future and shall supersede all and any previous oral or written presentations, agreements or commitments.