OSN Customer Terms and Conditions
The following are the Conditions of your OSN Subscription Contract. This contract is between the OSN company detailed in the Application Form (“OSN”) and you as detailed in the Application Form (the “Customer”). In order to receive the Pay TV services as detailed in the Application Form you agree to abide by the following Conditions. Reference in this Contract to “we” or “us” shall be read as reference to “OSN”.
In this Contract:
Address: means the address of your private residence in the Territory which you have notified to us in the Application Form
Application Form: means the application form accompanying this Contract and which shall be deemed to form part of the Conditions
Cancellation Fee: means the amount specified on the Application Form.
Channel(s): the television channels we may include in any of the OSN program packages and the a la carte and PPV channels we may offer during the Term
Commencement Date: means the date OSN activates the Smart Card to enable you to receive the Service
Conditions: the terms and conditions of this Contract as we may amend from time to time or as otherwise varied or added to by the terms of any special offer we may grant to you or any additional service you may elect to take from OSN and as otherwise set out below and in the Application Form.
Contract: this contract incorporating the Conditions, made between you and us authorizing you to receive the Service for private viewing at your Address.
Equipment: means the Set Top Box, Smart Card, satellite dish and related equipment (or any of them) supplied to you by OSN
PPV: means movies offered to you by OSN on a pay per view basis
Minimum Term: means the period from the Commencement Date which is applicable to your Payment Option as set out in the Application Form
Package: the program package and other services you have selected in the Subscription Services section of the Application Form
Payment Option: the payment option elected by you in the Application Form
Reconnection Fee: the charge specified on the Application Form charged for re-subscription in the event that you are disconnected further to 3(d) below.
Replacement Cost: the cost to replace a Set Top Box as specified in the Application Form.
Service: the Package elected by you. If you elect to change your Package and we permit this, the Service is the new Package you elect
Set Top Box: the specific hardware provided to you by OSN under your Package to receive the Service incorporating a digital satellite decoder using a conditional access (encryption) system authorized by OSN (including the remote control, manual and associated TV cables) and additional DVR technology where included.
Smart Card: the card that permits you to view the Service when used with a Set Top Box
Subscription Payments: the payments you must pay us in order to receive the Service as set out in the Application Form or as otherwise notified by OSN to you
Term: means the Minimum Term together with any additional periods in accordance with clause 2(b) below
Territory: means the Country named in the Application Form.
Total Subscription Payments: means the total Subscription Payments payable by you under this Contract for the Term
2. The Service
(a) We shall provide and you shall use the Service and/or the Equipment subject to the Conditions of this Contract. We will provide the Service to you from the Commencement Date and will continue to do so during the Term unless this Contract is terminated as set out below.
(b) This Contract shall automatically renew at the expiry of the Minimum Term and any extensions thereof for an additional period equal to the Minimum Term subject to the Conditions (as amended from time to time), unless you give us written notice at least one (1) month prior to the expiry of the initial Minimum Term (or any subsequent renewed period equal to the Minimum Term) that you do not want to renew the Contract.
(c) This Contract shall only entitle you to use the Service and/or the Equipment at the Address in the Territory and for residential usage only.
3. Subscription Payments
(a) You agree to pay us the full Subscription Payments in accordance with the Payment Option you have chosen.
(b) If you have elected the credit card or direct debit Payment Option we will collect the amount due automatically from your account monthly from the Commencement Date. You agree to pay us the full amount of the Total Subscription Payments during the Term (including the Minimum Term).
(c) We may change your Subscription Payments at any time by giving you a minimum of one (1) months notice. We may also change your Subscription Payments (i) if required by law or if any regulatory authority requires us to change any aspect of our pricing which affects your Subscription Payments or (ii) if you change your Package as provided in clause 8 below.
(d) If you have failed to pay any of the payments you owe to us we can immediately suspend and/or disconnect the Service and terminate the Contract. We reserve the right to charge the Reconnection Fee should you wish to re-connect the Service after suspension or disconnection.
(e) You authorize us to alter your credit card or direct debit instructions if your Subscription Payments change for any reason. Additionally, you authorize us to charge any other payments due under this Contract (including any Cancellation Fee, Reconnection Fee or amounts due under clause 6(d) below) under your credit card or direct debit instruction together with any other payments which you agree that we may charge under that instruction from time to time during the Term.
(f) We may make special promotional offers from time to time during the Term. These special promotional offers may not be used in conjunction with any other offer from OSN. OSN reserves the right to amend/cancel any special promotional offers for any reason. OSN is not obligated to offer the same special promotional offers at the time of renewal in accordance with clause 2(b).
(g) Where your Payment Option is credit card you undertake and agree to maintain at all times throughout the Term the validity of such credit card and the authority for OSN to collect the payments due hereunder. You agree to notify us immediately if the credit card provided to OSN expires, terminates or otherwise becomes invalid whereupon you shall immediately provide us with a valid and authorized replacement credit card number, together with expiry date and issuing bank name from which we shall be authorized to collect the Subscription Payments due hereunder.
(h) Where your Payment Option is credit card, you hereby authorize OSN to directly contact the issuing bank for your credit card from time to time during the Term and request, and you hereby authorize and agree, that the issuing bank for your credit card shall directly provide OSN with your credit card number (and any replacement credit card number) together with expiry date.
(i) Where your Payment Option is direct debit from your bank account, you agree not to close your bank account during the Term. Without prejudice to the foregoing, in the event that your bank account is closed during the Term you hereby authorize OSN to directly contact your bank from time to time during the Term and request, and you hereby authorize and agree, that your bank shall directly provide OSN with any other bank account number in your name which you agree shall be used in substitution for the previous bank account number for the direct debit payment authorizations made by you in this Contract.
(a) To purchase a movie via PPV, you must be a current Customer under the Application Form to a Package that includes PPV.
(b) You may purchase PPV movies via our website, by SMS or by phone.
(c) You hereby authorize us to charge any payment for these services under the credit card or direct debit authorization instructions that you have provided to us in the Application Form.
(d) OSN will not be liable for any failure to provide the movie because of reasons outside our reasonable control or because of anything for which we have excluded liability under clause 9 of this Contract.
5. Your Smart Card
(a) To receive the Service, an activated Smart Card, a satellite dish and a Set Top Box are required. The Smart Card must be kept in your Set Top Box at all times and the Set Top Box must be connected to a mains supply and suitable satellite dish and be in stand-by mode when not in use.
(b) You can only use the Smart Card at your Address and you must only use it for private viewing purposes. You must not use it in a hotel, motel or other licensed premises, club, office, retail premise or similar place.
(c) For security reasons your Smart Card shall be replaced from time to time. We shall advertise when Smart Cards are to be replaced and shall try to send you a new Smart Card before the old one becomes invalid.
(d) The Smart Card shall remain the property of OSN after it is sent to you and if requested by us, you shall return it to us after this Contract terminates for any reason or when a replacement is sent to you.
(e) You may not transfer, hire out, lend or otherwise hand over the Smart Card. You are responsible for ensuring that the Smart Card provided is kept securely, used carefully and only in accordance with OSN instructions.
(f) The Smart Card must not be used outside the Territory. Any change of Address must be notified to OSN immediately. You must not tamper with your Smart Card or other Equipment or use them for anything we do not authorize.
(g) If you are late in any payments owed to us or if we believe you are using the Smart Card or other Equipment in any way which we have not authorized or if it is necessary to protect the security of our conditional access system we may make the Smart Card invalid without prior notice to you.
6. The Set Top Box
(a) Where we have supplied you with a Set Top Box under this Contract, the Set Top Box shall remain the property of OSN at all times and subject to you complying with your obligations hereunder shall be loaned to you during the term of this Contract.
(b) You shall not insert any unauthorized smart card into the Set Top Box or attempt to dismantle either the Set Top Box or Smart Card. Any such unauthorized use of the Set Top Box or Smart Card shall entitle us to terminate this Contract and/or charge you the cost of a replacement Set Top Box or Smart Card in the event that the Set Top Box and/or Smart card is damaged.
(c) You agree to keep the Set Top Box in a clean, safe environment at your Address free from any dust, dirt and moisture and operate the Set Top Box in accordance with the manual provided.
(d) In the event you cancel the Contract or the Contract otherwise expires or is terminated by us, you agree to immediately return the Set Top Box and Smart Card and any other Equipment to OSN. If you do not return the Set Top Box and Smart Card and any other Equipment within thirty (30) days of cancellation, expiry or termination of this Contract in good working condition and free from damage (fair wear and tear excepted) you agree to pay us the Replacement Cost
(e) OSN shall be entitled to up-date the software in your Set Top Box by downloading additional signals via satellite to the Set Top Box without prior notification. The Software in the Set Top Box remains OSN property. The downloading of the software may disrupt the appearance and operation of the Service. You agree to co-operate with any instructions issued by OSN to you in respect of the up-dating of the software.
7. Lost, stolen or malfunctioning Equipment
(a) If any Equipment is lost, stolen or damaged you must immediately contact OSN at the address detailed in the Application Form for further instructions. We can charge you the cost of replacing any Equipment if it is lost, stolen or damaged.
(b) If the Smart Card or Set Top Box does not work, you must notify us and if you return it we shall replace it free of charge if it was defective when supplied to you or as a result of a defect covered by the manufacturer’s warranty. If the Smart Card or Set Top Box is defective or damaged in any other way or is not returned to us we may charge you the cost of replacing it as specified in clause 6(d) above.
8. Your Package
(a) The programs that we provide as part of your Package are primarily supplied by third parties and their availability is outside our control. Consequently OSN accepts no responsibility for the content of such programs or the Channels and we reserve the right to withdraw or replace any Channel or advertised programs, or reduce or change the number of hours of any Channel’s broadcast.
(b) If you elect to change your Package, for instance to add an additional a la carte Channel or service (e.g. PPV) and we permit you to do so, you agree to immediately pay the then current price for such new Package.
(c) We can charge you a reasonable administration fee if you change your Package and we permit you to do so. You must continue and pay for your chosen Package for at least one month before we will allow any changes to your Package. You can only choose one of the Packages listed and you can only choose the a la carte Channels and/or other services we may offer as part of the Service that you receive. You cannot choose any individual channels within any Package.
(d) We will carry out upgrade services within forty eight (48) hours of receipt of such request, provided the payment terms are met by you.
(e) Downgrade services will be carried out at the time of the next payment date and are only allowed once and provided the Minimum Term of your Package has expired. Downgrade to certain program packages which are cheaper than the Package is only allowed if you pay for any previous subsidy or promotional offer given to you.
9. Our Liability
OSN will not be liable under this Contract for:
(a) any fault in any of the Equipment caused by your tampering with it, your negligence or failure to follow our instructions;
(b) use of the Smart Card in any Set Top Box which we do not supply;
(c) any fault in a Set Top Box or other receiving equipment you use which we do not supply;
(d) our failure to provide the Services caused by events outside our reasonable control;
(e) any loss or damage caused by our employees or agents in circumstances where:
(i) there is no breach of a legal duty of care owed to you by us or any of our employees or agents;
(ii) such loss or damage is not a direct or reasonably foreseeable result of such breach; or
(iii) any increase in loss or damage results from a breach by you of any terms of this Contract.
(a) You must not copy, distribute copies, show in public, rebroadcast or relay any part of the programs or Channels provided to you as part of the Service. You may only use the Service for private use and it must not be accessible by the general public or in a communal viewing area.
(b) The Smart Card is embedded with a unique identification number that we can use to identify any unauthorized use of the Service or illegal copying of programming or Channels. In the event that the Smart Card identification number is identified as the source of any illegal copying or being used for reception which is not authorised of programming or Channels delivered to you under the Service, we shall be authorized without notice to (i) suspend and/or terminate this Contract; and (ii) provide your details and your Address to any owner/licensor of copyright in the illegally copied program or Channel for the purpose of prosecution of such offence.
(c) We may disable or alter some functions of the Equipment to stop you from copying certain channels or programs in order to prevent the unauthorized copying of such Services. If the Equipment allows copying of these materials, which we are bound by copyright to prevent then we may prevent you receiving the Service.
(d) Any breach of this clause 10 may infringe the copyright of third parties in the programs and Channels provided as part of the Service. You will be responsible for any claims made against us for losses we may suffer as a result of actual or claimed copyright infringement committed by you or any other person using the Equipment in relation to the Service, for which you hereby indemnify OSN.
(e) We hereby reserve all rights we have at law and under the terms of this Contract in respect of any copyright infringement specified in this clause 10.
We may vary this Contract where it is reasonable to do so.
12. Transfer of Agreement:
(a) OSN reserves the right to partly or wholly transfer the rights under this Contract to a third party. You may not transfer your rights or obligations under this Contract to any third party.
(b) This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to clause 12(a) above
(a) This Contract is valid for the Term subject to our right to terminate due to your breach. If you decide to cancel the Contract prior to the expiry of the Term, you must write to us at the OSN contact address specified in the Application Form giving your name, address and OSN customer number. OSN shall contact you regarding any amounts you must pay us as set out below.
(b) If this Contract is terminated by you, or by us due to your breach of the Conditions prior to the expiry of the Term we shall be entitled to charge you the Cancellation Fee as specified on your Application Form in addition to any other amounts you may owe us hereunder , including, for the avoidance of doubt, any due under clause 6(d) above.
(c) The Cancellation Fee may be waived by OSN at its sole discretion.
(d) Upon termination of this Contract your Smart Card shall be made invalid and you shall not be entitled to receive the Service. We shall not refund any Subscription Payments or other payments made under this contract if this Contract is terminated by us due to your breach of any of the Conditions.
(e) On termination of this Contract OSN shall not be liable to refund any sums already paid by you under any circumstances.
(a) Where you have requested installation of the Equipment, upon approval of your application we shall contact you to arrange a time to install the Equipment at your Address.
(b) You must ensure that all necessary consents have been granted by your landlord and any local government authority for installation of the Equipment. You must provide us with access to your property at your Address on the agreed installation date in order to install the Equipment.
(c) If your installation requires additional cabling or brackets or other equipment or works beyond what is normally required for a standard installation we shall advise you and you shall pay any additional amounts required for such additional works and/or equipment.
(d) All Equipment installed by us comes with a warranty against faults for a period of twelve (12) months from installation. The warranty does not cover faults arising from misuse, accidental or deliberate damage, cosmetic damage which does not affect the functionality of the Equipment and damage caused outside the reasonable control of OSN and its suppliers. At our discretion, any faults shall either be repaired or the Equipment replaced with similar equipment (new or refurbished).
15. Additional Subscription
(a) Where we agree to provide you with an additional subscription and you will receive the service as provided under this Contract and subject to the same Conditions. You shall be required to maintain your first subscription during the Minimum Term of your second subscription and in the event you breach the Conditions for either subscription both subscriptions shall immediately terminate.
(b) You shall only be entitled to use the second subscription at your Address and subject to the payment of the additional Subscription Payments as notified by us.
16. Notices: All notices given by us under this Contract shall be in writing and shall either be addressed and sent to your Address, or sent to you by email, by message to your Set Top Box or mobile telephone SMS.
17. Law: This Contract is governed by the Laws of the Territory.