SUBSCRIBER’S AGREEMENT- annexure 1
(A) TERMS & CONDITIONS - FOR SET TOP BOXES

All definition/ interpretation to be construed and understood as per the provisions of Cable Television Network (Regulations) Act, 1995 & Rules 1994, Amended Act, 2002 and amendment made from time to time. At the request of the applicant, IndusInd Media & Communications Limited (IMC) hereby agrees to rent / lease / outright sale, Set Top Box (STB) along with accessories for viewing the Pay Channels on the terms and conditions set out Herein:
  1. The applicant shall pay the prescribed payment as per the scheme along with the duly completed and signed application form.
  2. IMC shall have the sole discretion to accept or reject the application as per regulations. In case the application is rejected, the deposit shall be refunded to the applicant.
  3. On acceptance of the application, the applicant will become the subscriber of IMC for Television services under the brand name “InDigital”.
  4. The STB and the accessories shall be solely used for availing “InDigital” services from IMC and shall not be used for availing services of any other Cable Network.
  5. STB is the sole property of IMC when given on rental / lease basis and will continue to be so during the currency of this agreement, unless explicitly purchased by the applicant.
  6. The Subscriber under the rental/ lease rental schemes shall pay to IMC, in advance, lease / rentals for STB’s as may be specified by IMC.
  7. The Set Top Box and the accessories shall be used for viewing authorized channels and programmes and services.
  8. The subscriber shall take adequate care of the STB, during the period of the agreement. Any willful default or damage to STB will be to the account of the subscriber.
  9. The subscriber shall not, without the prior authorization of IMC, remove, transfer or otherwise relocate the STB from the original place of installation, failing which IMC shall be entitled to recover the cost of the box and / or initiate legal action.
  10. In case STB is lost or damaged on account of theft, burglary or by any other accident, the subscriber shall file a police complaint forthwith and notify IMC of such loss immediately, failing which IMC reserves the right to recover the cost of the STB from the subscriber.
  11. In case of nonpayment / delay in payment of rentals, IMC shall reserve the right to cancel the agreement and to discontinue the Services. In such cases, the subscriber shall return the STB in good working condition; IMC shall recover the balance cost of the STB.
  12. The Pay Channel fees, as prescribed from time to time for each channel selected shall be paid in advance.
  13. The subscriber shall, in advance, notify change of address / contact number to IMC or its authorized representative.
  14. In case the subscriber desires to discontinue the services before the expiry of the agreed period, under rental / lease he shall return the STB in good working .
  15. For reconnection / activation of the service earlier disconnected for any reason, the subscriber shall pay reconnection charges as prescribed from time to time as per regulations.
  16. Cable services in respect of Pay Channels shall be available to the subscriber, subject to Force Majeure conditions including but not limited to act of God, fires, strikes, embargoes, war insurrection, riots and other causes beyond the reasonable control IMC including atmospheric / topographical hindrances.
  17. The smart card shall always remain property of IMC. The warranty will not cover adaptor and remote. The smart card and STB components will have one year warranty.
  18. Subscriber/s are not authorized to install any Gadgets on STB without IMC’s prior written permission.
  19. Deduction / Refund of Deposit Security : MSO or Cable Operator, shall be entitled to make deduction from Security Deposit at the rate of Rs.12.50 for every month or part of the month for Rs. 750/- Deposit Scheme and Rs. 3/- per month deduction from Rs. 200/- Deposit Scheme for which Subscriber has used Set Top Box, taken on rent or lease. Such refund could be considered only if Set Top Box returned with in a period of 5 yrs from the date of hiring / leasing of Set Top Box and subject to STB not tampered / altered as provided in clause 6.3 of Std of Quality of Service (Broadcasting or Cable Service) (Cable telecom- CAS Areas) regulation, 2006 (8 of 2006) dated 23rd August 2006 issued by the Authority.
I / We have read and understood the terms and conditions provided overleaf and acknowledge that the tariff plan selected and applicable rates form part of this agreement and I agree to be bound by the same. I / We agree to abide by the provisions of - The Cable Television Networks (Regulation) Act, 1995 and the rules made there under and as also such amendments as may be made from time to time to these rules in so far as they relate to the Services. I / We hereby declare and confirm that the above information provided by me / us is / are totally correct and true in every respect.
 
(B) TERMS AND CONDITIONS - FOR SUBSCRIPTION
(APPLICABLE TO DIRECT SUBSCRIBERS OF IMC)
  1. IMC shall disconnect if subscription including FTA and Pay Channels not paid on due dates.
  2. Subscriber shall not be entitled to transfer or assign its obligations and liabilities under the terms and conditions to any other party under any circumstances, without prior permission of IMC. Any transfer affected in contravention of the expressed terms contained herein shall not absolve the Subscriber of its obligations / liability towards IMC.
  3. All taxes, levies etc. present and future shall be to the account of Subscriber.
  4. The tariff / charges for Pay Channels are based on Agreements with Pay Channels at the time of presentation of this form. In case of any change in these arrangements, additional applicable charges shall be payable by the Subscriber.
  5. The Subscriber shall make payment by way of cheque / demand draft or through Pre Paid Cards of IndusInd Media & Communications Limited on or before the due date.
  6. Any discrepancies in the billing , the subscriber shall intimate IMC within two (2) days of receipt of bill / statement of charges. Non-receipt of such information, the charges will be presumed to have been accepted.
  7. Subscriber shall be permitted to avail the services of Pay Channels through deployment of SET TOP BOXES and Smart Card approved for use by IMC.
  8. Cable Service quality, functionality, availability and / or reliability may be affected and / or IMC is entitled to, without any liability, refuse, limit, suspend, vary, disconnect and or interrupt the Services, in whole or in part, at any time in its sole discretion with respect to one / all Subscribers, as per regulations.
  9. In case of misuse of Services or breach of any terms and conditions by the Subscriber or use of Services by the Subscriber in such a manner that it violates any laws or adversely affects or interferes with IMC’s Service, based on the regulations effective from time to time. In case the Subscriber fails to remedy the said breach within the notice period, IMC shall be entitled to discontinue the Services forthwith.
  10. IMC at its sole discretion may suspend / discontinue the Services by giving reasonable notice to Subscriber.
  11. The Cable service is liable for disconnection partially or otherwise due to :
    a) Changes in the law, rules, regulations or orders, directions, notifications etc by the Authorities.
    b) Physical obstruction, geographic, topographic, hydrological, meteorological and other causes of cable interference or faults in other networks of Pay Channels to which the Network is connected.
    c) Any discrepancies / wrong particulars provided by the Subscriber.
  12. In case the Subscriber opts for discontinuation of Services, IMC shall refund directly to the Subscriber the amounts paid in advance to IMC, subject to adjustments, if any.
  13. Any dispute or difference of any nature whatsoever or regarding any right , liability, act, omission on account of any of the parties, parties hereto, shall be refer the dispute to Telecom Regulatory Authority of India (TRAI) and Telecom Dispute Settlement Appellate Tribunal (TDSAT).
  14. The validity, construction and performances of terms and conditions herein shall be governed by and interpreted in accordance with prevailing laws. IMC and Subscriber agree to submit to the exclusive jurisdiction to be either Mumbai, Delhi, Kolkota as the case maybe.
I / We have read and understood the terms and conditions provided overleaf and acknowledge that the tariff plan selected and applicable rates form part of this agreement and I agree to be bound by the same. I / We agree to abide by the provisions of The Cable Television Networks (Regulation) Act, 1995 and the rules made there under and as also such amendments as may be made from time to time to these rules in so far as they relate to the Services. I / We hereby declare and confirm that the above information provided by me / us is / are totally correct and true in every respect.
 
(B-1) TERMS & CONDITIONS FOR IMC OPERATOR SUBSCRIBERS
  1. IMC reserves the right to reject subscriber applications ,incase they are not complying with the basic regulatory terms and security requirements of IMCL.
  2. The maximum overall liability of IMC in contract, tort or otherwise, shall be to return the payment amount received , after adjusting the Charges due from the Subscriber. In no event shall IMC, its Officers, Employees, Directors, Representatives and assigns be liable for any direct, indirect or consequential damages, costs, expenses or losses of whatsoever nature.
  3. IMC reserves the right to raise and / or collect bills / statement of Charges for Cable Services for Pay Channels / FTA by itself directly or through any of its nominees, agents and franchisees. IMC may vary its billing as per the regulatory norms from time to time.
  4. Subscriber shall not be entitled to transfer or assign its obligations and liabilities under the terms and conditions to any other party under any circumstances, without prior permission of IMC. Any transfer affected in contravention of the expressed terms contained herein shall not absolve the Subscriber of its obligations / liability towards IMC.
  5. Subscriber / Operator shall deposit with the IMC as security deposit such amount(s) as IMC it may determine from time to time. IMC reserves the right to forfeit / adjust / apply the said security deposit amount in full or part for the satisfaction of any sums due from the Subscriber to IMC at any time. Subscriber shall continue to be liable for balance, if any. No interest shall payable on the security deposit, if any.
  6. All taxes, levies etc. present and future shall be to the account of Operator.
  7. The tariff / charges for Pay Channels are based on Agreements with Pay Channels at the time of presentation of this form. In case of any change in these arrangements, additional applicable charges shall be payable by the Operator.
  8. The applicant/subscriber shall make payment by way of cheque / demand draft in favour of IndusInd Media & Communications Limited on or before the due date.
  9. Applicant/subscriber shall be permitted to avail the services of Pay Channels through deployment of SET TOP BOXES and Smart Card approved for use by IMC.
  10. In case of misuse of Services or breach of any terms and conditions by the Operator or use of Services by the Subscriber in such a manner that it violates any laws or adversely affects or interferes with IMC’s Service, based on the regulations effective from time to time. In case the Franchisee fails to remedy the said breach within the notice period, IMC shall be entitled to discontinue the Services forthwith.
  11. IMC at its sole discretion may suspend / discontinue the Services by giving reasonable notice to Operator as per regulations.
  12. In case the Operator opts for discontinuation of Services, IMC shall refund directly to the Franchisee the amounts paid in advance to IMC, subject to adjustments, if any.
  13. The validity, construction and performances of terms and conditions herein shall be governed by and interpreted in accordance with prevailing laws. IMC and Operator.
I / We have read and understood the terms and conditions provided overleaf and acknowledge that the tariff plan selected and applicable rates form part of this agreement and I agree to be bound by the same. I / We agree to abide by the provisions of The Cable Television Networks (Regulation) Act, 1995 and the rules made there under and as also such amendments as may be made from time to time to these rules in so far as they relate to the Services. I / We hereby declare and confirm that the above information provided by me / us is / are totally correct and true in every respect.

Note: All the terms and conditions will be subject to the prevailing regulations and guidelines from time to time under government of India and Regulator for Broadcasting and Cable (TRAI).