Terms and Conditions for Subscription to Pacific Media Pty Ltd TV Services
1. DEFINITIONS
Pacific Media means Pacific Media Pty Ltd, hereafter call Pacific Media.
"Agreement" means the Subscription Form together with the Installation Work Order and this Terms and Conditions.
"Channel Package" means the package of channels provided by the Pacific Media from time to time.
"Equipment" means all of the equipment including satellite dish, cabling and decoder box provided by Pacific Media to the Subscriber for the reception of the Services as described in the Work Order.
"Initial Term" means a period of, twelve (12) months, twenty-four (24) months and thirty- three (33) months from the date of installation of the Equipment.
"Installation Fee" means the fee payable by the Subscriber for installing the Equipment
"Monthly Subscription Fee" means the monthly fee payable by the Subscriber for the Services in accordance to this Agreement. Where the subscription to the Services by the Subscriber commences on a day other than the first day of a month, the Monthly Subscription Fee will be pro-rated from the date of installation of the Equipment to the end of that month.
"Purchase Scheme" means a scheme offered by Pacific Media from time to time pursuant to which ownership in the Equipment shall pass to the Subscriber upon receipt of one-off payment of the Purchase Price by Pacific Media. For the avoidance of doubt, Pacific Media may (but not obligated to) offer more than one (1) plan under the Purchase Scheme for selection by the Subscriber. "Purchase Price" means the sum payable by the Subscriber and prescribed by Pacific Media from time to time for the purchase of the Equipment.
"Rate Card" means the prevailing fees charged by Pacific Media for each of the services offered by it. For the avoidance of doubt, Pacific Media may vary the fees at its sole discretion from time to time
"Services" means each and all of the subscription television services offered by Pacific Media and/or selected by the Subscriber as specified in the Subscription Form (including those that form part of the Channel Package selected by the Subscriber from time to time). For the avoidance of doubt, TV Guide does not form part of the Services.
"Subscriber" means the person or persons named as subscriber on the Subscription Form.” Subscription Form" means the subscription form on the other side of this Terms & Conditions (subject to variations by Pacific Media from time to time).
"Subscriber's Premises" means the address designated by the Subscriber for the provision of the Services.
"Terms and Conditions" means these terms and conditions for subscription to Pacific Media TV services which may be varied by Pacific Media at its sole discretion from time to time.
“Pacific Media " means Pacific Media (Australia) Pty. Limited.
"Installation Work Order" means a prescribed form in the Subscriber's name provided by Pacific Media which shall be signed by the Subscriber after the
Equipment is installed at the Subscriber's Premises.
2. EQUIPMENT
2.1 Pacific Media will procure its contractor to install the Equipment at the
Subscriber's Premises as soon as practicable after it has received a subscription order placed by the Subscriber. The Subscriber acknowledges and agrees that upon his placement of the subscription order with Pacific Media, depending on the plan he selects, he shall pay to Pacific Media the Equipment (as the case may be) in accordance with the provisions hereof.
2.2 Notwithstanding anything to the contrary contained in this Agreement, the Subscriber shall be liable to pay any Installation Fee determined by Pacific Media from time to time.
2.3 The Subscriber shall contact Pacific Media if it desires to move out from or carry out renovations (which affect the location of the Equipment at the Subscriber's Premises. If so requested by the Subscriber, Pacific Media will arrange its contractor to remove and install the Equipment another premises of the Subscriber or reinstall it in the Subscriber's Premises subject to payment by the Subscriber of the prevailing fees, costs or charges for the same.
Pacific Media shall under no circumstances be responsible to make good the premises after any removal of the Equipment which shall be the sole responsibility of the Subscriber.
2.4 Where the decoder box and the remote control handset of the decoder box breaks down or malfunctions, Pacific Media will replace the same upon request by Subscriber subject to the receipt of the prevailing fee.
3. SERVICES
3.1 After the Equipment is installed and the relevant payment has been received, Pacific Media shall provide the Subscriber with the Services pursuant to the plan so selected in accordance with the terms of this Agreement.
3.2 Pacific Media may vary the programming and programming schedule of the Services at any time without prior notice to the Subscriber.
3.3 Pacific Media may withdraw any television service which forms part of the Services at any time. In such case, Pacific Media may at its sole discretion allow the Subscriber to select a replacement television services without any administrative charge or fee for such reselection of television services. In the event that Subscriber fails to re-select a replacement television services, the Monthly
Subscription Fee shall continue to be payable by the Subscriber without any refund, offset, compensation or rebate.
3.4 The Subscriber shall not redistribute or relay any of the Services or charge any money for the viewing of the Services.
3.5 Pacific Media shall not be liable for any interruption to the Services and will not guarantee a continuous Services or the signal quality of the Services. Pacific Media will use reasonable endeavour to restore the Services in the event of interruption or degradation of the Services.
3.6 The Services are provided for private use only and subject to copyright laws of the state or territory in which the Subscriber is located; the Subscriber must not copy the Services or part thereof.
3.7 Pacific Media may pay commission or rebate to any person who introduces the Subscriber to Pacific Media.
4. SUBSCRIPTION FEES AND CHARGES
4.1 The Subscriber shall pay Pacific Media the Monthly Subscription Fee, \and other charges notified by Pacific Media from time to time for which the Subscriber is liable under this Agreement in full, without any offset, in advance.
4.2 Unless otherwise indicated, the Subscriber shall be liable to pay any applicable bank charges, goods and services tax, government taxes (not including income taxes) and duties arising from the provision of the Services and the Equipment.
4.3 The Subscriber shall be liable to pay for the cost of re-connecting the Services at the rate then prevailing.
4.4 The Subscriber may choose to pay the Monthly Subscription Fee and other charges payable to Pacific Media by cheque or money order, credit card or direct debit from the Subscriber's nominated bank account. If the Subscriber chooses to pay by cheque or money order, the Subscriber shall enclose the cheque or money order for the first payment under this Agreement together with the completed Subscription Form and such cheque or money order will be presented before installation of the Equipment. If the Subscriber chooses to pay by credit card or direct debit, the first payment under this Agreement will be debited automatically upon completion of installation of the Equipment. The Subscriber shall complete all documents accurately relating to the Subscriber's proposed payment method if required by Pacific Media.
4.5 Unless otherwise indicated, the Subscriber shall pay for all administrative charges (including but not limited to handling charges) at the prevailing rate on transaction or service which Pacific Media deems an administrative charge is payable.
4.6 Pacific Media will charge the Subscriber a late payment charge for $20 prescribed by Pacific Media from time to time whenever any payment is overdue. Further, Pacific Media reserves the right to suspend or cease the Services without further notice to the Subscriber.
4.7 The Subscriber shall be liable for all reasonable costs, including but not limited to legal fees, incurred by Pacific Media in taking enforcement action to collect overdue Monthly Subscription Fees, dishonoured cheques or other payment or charges due to Pacific Media under this Agreement.
4.8 With respect to any monthly payment which is on a recurring basis, if the payment method selected by the Subscriber is:-
(a) by cheque or money order, other than the first payment, the due date is fourteen (14) days from the date of invoice; or
(b) by credit card or direct debit, other than the first payment, the due date shall be on the sixteenth (16th) days of every month and no invoice will be issued unless specifically requested by the Subscriber and upon payment of a fee prescribed by Pacific Media from time to time.
4.9 For paper invoice, Pacific Media will charge two $2 dollars for each paper bill (if the consumer requested, email billing is available.
5. SUBSCRIBER'S RESPONSIBILITIES
5.1 The Subscriber shall be solely responsible for all loss (whether direct and/or consequential) or damage arising from installing and maintaining the Equipment, and providing the Subscriber with the Services by Pacific Media, including without limitation, any act or omission (including negligence) of Pacific Media and/or its contractor; the operation and use of the Equipment by the Subscriber; any damage from causes beyond the control of Pacific Media; or failure of the Subscriber to comply with this Agreement. The Subscriber shall reimburse Pacific Media for all direct and consequential loss or damage which Pacific Media may suffer in the circumstances specified in this clause.
5.2 The Subscriber shall immediately inform Pacific Media in writing for any change in the information supplied in the Subscription Form.
5.3 The Subscriber shall ensure that no more than one television is connected to the Equipment for reception of the Services. Pacific Media reserves the right to terminate this Agreement if the Subscriber is found to have breached this clause.
5.4 The Subscriber's exclusive remedy for any breach by Pacific Media of any term, condition or warranty (whether expressed or implied) under this Agreement and/or the Services is limited to the reinstatement of the Services for the same duration Pacific Media would have supplied the Services to the Subscriber had there been no breach of such term, condition or warranty by Pacific Media.
6. PACIFIC MEDIA 'S RESPONSIBILITIES
6.1 Pacific Media shall not be liable for default or failure in performing its obligations under this Agreement resulting directly or indirectly from strikes or labour disputes, a shortage of suitable parts or components, the Subscriber's operation and use of the Equipment, any damage caused by weather, the Subscriber's failure to comply with this Agreement, acts of God or other cause beyond the reasonable control of Pacific Media.
6.2 The Subscriber acknowledges that any implied term, condition, warranty, exclusion or restriction is hereby excluded and restricted to the maximum extent permitted by law.
6.3 Pacific Media shall not be responsible for any design or manufacturing fault of the Equipment but shall use its reasonable endeavour to cure or make good such fault or replace the Equipment at its sole discretion.
7. AUTHORIZATIONS OF SUBSCRIBER
7.1 The Subscriber shall allow and provide safe access to Pacific Media’s technician(s) and/or contractor(s) at all reasonable times including after termination of this Agreement to enter the Subscriber's Premises to install, connect, disconnect, inspect, alter, remove, re-install, maintain and service the Equipment and shall permit and consent to Pacific Media making whatever alterations to the Subscriber's Premises as are necessary and reasonable for the installation of the Equipment. The Subscriber shall obtain all permissions, including but not limited to the permission from the relevant government authority and/or the permission of the owner if the Subscriber does not own the Subscriber's Premises, necessary to allow Pacific Media to install and maintain the Equipment and to provide the Subscriber with the Services.
8. TERMINATION AND RECONNECTION FEES
8.1 Pacific Media may, by serving written notice to the Subscriber, forthwith terminate this Agreement at any time if :-
(a) the Subscriber fails to pay the Monthly Subscription Fee, or other money due under this Agreement within seven (7 ) days from the due date;
(b) the Subscriber is in breach of any terms of this Agreement, not involving the payment of money;
(c) any relevant license or approval required for the delivery of the Services or the conduct of Pacific Media 's business is withdrawn, suspended or is amended such that provision of the Services to the Subscriber on the terms of this Agreement is prohibited.
8.2 Without affecting the generality of Clause 8.1, either Pacific Media or the Subscriber may for any reason terminate this Agreement by giving one (1) month's written notice to the other during the term of this Agreement in relation to any plan under the Initial Term.
8.3 In the event that the Subscriber decides to terminate this Agreement for any reason during the term of this Agreement in relation to any plan under the Initial Term, he undertakes to i) give one (1) month's written notice to Pacific Media; and ii) Pacific Media will charge for termination and administration fees without offset at the time when the notice is given.
8.4 Where this Agreement is terminated by Pacific Media or the Subscriber:-
(a) any money due to Pacific Media by the Subscriber shall become immediately payable and any money paid by the Subscriber to Pacific Media shall not be refundable.
(b) any rights Pacific Media has in respect of the Subscriber's obligations under this Agreement, which are not fulfilled by the Subscriber when this Agreement is terminated, shall continue to exist;
(c) all rights accrued to Pacific Media prior to the termination of this Agreement shall not be affected;
8.4 The Subscriber acknowledges that Pacific Media, at its sole discretion, may not collect any component of the Equipment from the Subscriber's Premises upon termination of the Services. If the Subscriber requests Pacific Media to remove the Equipment under such circumstances, the Subscriber hereby agrees to pay Pacific Media a service charge, determined solely by Pacific Media from time to time, for such removal or relocation.
8.5 Subscriber may terminate his subscription by giving one (1) month's written notice to Pacific Media after the first twelve(12) months of his subscription during the term of this Agreement provided that Subscriber is not entitled to any refund, offset, rebate or compensation for any Fee paid.
8.6 Subscriber fail to pay the monthly payment and wish to reactivate the service, Pacific Media will charge thirty dollars $30 to reactivate the service.
9. VARIATION TO THIS AGREEMENT
9.1 Pacific Media may vary this Agreement at any time by giving the Subscriber written notice of such changes. Subscriber's continued subscription to the Services shall be deemed acceptance of such variation. If the Subscriber does not agree to the variation, he shall have the right to terminate this Agreement by giving one (1) month's written notice to Pacific Media provided that the Subscriber shall pay to
Pacific Media the fees as described in Clause 8.3(ii) if the notice is given within the Initial Term in relation to any plan.
9.2 The Subscriber may switch to any other plan then offered by Pacific Media by serving written notice to Pacific Media provided that the Subscriber shall pay a switching fee at the rate then prevailing and shall not be entitled to any refund, offset, compensation or rebate for any monies payable or already paid under the plan previously selected by the Subscriber. The switch will become effective on the first (1st) day of the next calendar month after Pacific Media has received such written notice from the Subscriber ("Switch Date") and Pacific Media is entitled to charge the Subscriber for the applicable fees and/or charges under the relevant plan from the Switch Date.
9.3 If the Subscriber wishes to re-select the channel(s) forming the Channel Package, the Subscriber may do so by giving Pacific Media reasonable prior notice(s) subject to any condition imposed by Pacific Media from time to time. Such notice(s) may be communicated to Pacific Media via telephone, Pacific Media’s website, post, email or facsimile. Pacific Media is entitled to charge the Subscriber at its sole discretion an administration fee at the prevailing rate for each re-selection.
9.4 If the Subscriber wishes to vary the type of Channel Package (as opposed to channels forming the Channel Package), the Subscriber may do so by giving Pacific Media reasonable prior notice provided that where the Subscriber selects any plan, no variation of the Channel Package from a type of higher Monthly Subscription Fee to a type of lower Monthly Subscription Fee shall be allowed by Pacific Media during the Initial Term. If Pacific Media accepts the variation, it will then vary the Services and charge the Subscriber the applicable Monthly Subscription Fee.
9.5 Notices by Pacific Media to the Subscriber will be effective if they are delivered to the Subscriber personally or are posted to the last known address of the Subscriber.
10. MISCELLANEOUS
10.1 Where this Agreement is entered into by the Subscriber via sales or dealerships, it shall be subject to a cooling off period of ten (10) days pursuant to any applicable trading legislation of the state or territory in which the Subscriber is located.
10.2 This Agreement contains all terms and conditions agreed between Pacific Media and the Subscriber and shall only be amended as set out in this Agreement. No other oral or written communication to the Subscriber or by the Subscriber shall form part of this Agreement or shall amend the terms of this Agreement.
10.3 Any illegal, void or unenforceable provision of this Agreement will be ineffective to the extent only of that illegality, voidness or unenforceability without invalidating the remaining provisions.
10.4 The Subscriber is not entitled to transfer the right to receive the Services or any other right under this Agreement to any other person without Pacific Media's prior consent.
10.5 Pacific Media may assign or transfer its rights and obligations under this Agreement to any other person or company at its sole discretion. In such event, Pacific Media shall inform the Subscriber by notice.
10.6 This Agreement shall be governed by the law of the state or territory where the Subscriber's Premises is situated.
10.7 Words importing the singular shall include the plural and vice versa; words importing the masculine gender shall include the feminine and neuter gender and vice versa.
10.8 Promotions cannot to be combined with other offers or promotions and subject to change.