Commercial Agreement and Prices
Contents
1. 7 F Voice of America Radio Flanders International H a e z Tae N etwork World Radio Network TransAfrica Radio Trans World Radio Link FM CO The Home Channel CO Food Network 702 Talk Radio Radio Kosmos Classic FM Jozi FM SPORT Jacaranda 94 2 FM 94 7 Highveld Stereo O SSport HD 1 O SSport HD5 YFM f f KFM 94 5 O SSport HD 2 O SSport HD6 Chinese Radio International Metro FM O SSport HD 3 O SSport HD7 Kaya FM Radio Pulpit l D SSport HD 4 O TRACE Sport Channel Islam International Namibian National Radio Radio France Internationale Capricorn FM Radio Wave 96 7 FM 567 CapeTalk DOCUMENTARIES Radio Energy MK Radio O Discovery Channel HD amp sD O National Geographic Channel 1485 AM Radio Today Radio Pretoria O Discovery World O Nat Geo Wild O Discovery ID O Animal Planet DStv INDIAN O The History Channel O BBC Knowledge x z O FOX Crime O Sony Entertainment Television Asia R O Sony Entertainment Television MAX R O B4U Movies R NEWS amp COMMERCE O ZEE TV R O BBC World News O eNews O NDTV R O CNN International O SKY News O Sun TV R MUSIC DStv PORTUGUESA O Channel 0 O Mzanzi Music O TV Globo International O SIC International O MTV O Trace Urban g WE Le 5 oo Separate Subscription Menu R ALA CARTE Rates applicable to the Restricted Viewing R48 00 per month CHILDREN O Cartoon Network O Nickelodeon L ADC All additional channels R864 40 per month Boomerani NickTOONS 5 Disney EUR g Nick Jr MultiChoice reserves2. amount of the damages or 20 2 2 uphold the agreement in which event the aggrieved party may require the defaulting party to provide security to the reasonable satisfaction of the aggrieved party for the payment of all outstanding amounts if any and the performance of all the obligations of the defaulting party In addition if the subscriber is in default at any time MultiChoice 20 3 1 may suspend the provision of access by the subscriber to the selected service s for so long as such default persists and may charge the reconnection fee contemplated in 5 3 3 if the selected service s is subsequently continued and 20 3 2 may suspend performance of its other obligations for so long as such default persists If the subscriber remedies a default complies with the agreement and pays MultiChoice all amounts due to it in terms of the agreement MultiChoice may re connect the selected service s subject to the prior payment by the subscriber to MultiChoice of the reconnection fee contemplated in 5 3 3 in respect of such selected service s GENERAL The agreement constitutes the sole and complete record of the agreement between the subscriber and MultiChoice in regard to its subject matter and supersedes any previous agreement s between the subscriber and MultiChoice and or between the subscriber and any affiliate s of MultiChoice in terms of which the subscriber was authorised to have access to the DStv services Neither party shall be
3. 1 2 2 22 smartcard s the card s provided to the subscriber by MultiChoice which 1 2 2 22 1 incorporates software and intellectual property rights owned by or licensed to MultiChoice and 1 2 2 22 2 may be enabled by MultiChoice thereby allowing the subscriber to decode the signal and receive the selected service s 1 2 2 23 subscriber the person specified as such on the schedule being 1 2 2 23 1 the owner or its duly authorised representative of a bed and breakfast hotel lodge guest house hospital or clinic or 1 2 2 23 2 the owner body corporate managing agent or other representative and duly authorised body of a retirement village stadium or corporate office or 1 2 2 23 3 the board of directors administrator or other governing body of a school university or club appointed in terms of the constitution of such entity or 1 2 2 23 4 the owner governing body or other authorised representative of a public place or other entity whom which MultiChoice agrees to enable to have access to the selected service s whichever is applicable 1 2 2 24 these terms and conditions the terms and conditions set out herein on which MultiChoice authorises persons to have access to one or more of the DStv services and the related facilities and applications serviced by MultiChoice 1 2 2 25 the agreement the subscription agreement constituted between MultiChoice and the subscriber on the terms and conditions contained in the sche
4. CP Mack T Jacobs T 27 11 289 3000 F 27 11 789 7842 Directors FLN Letele CP Mack T Jacobs Company Secretary LJ Klink Company Secretary LJ Klink DStv SUBSCRIPTION AGREEMENT MULTI UNIT DWELLING COMMERCIAL BETWEEN SQ Lid MultiChoice Africa Pty Ltd MultiChoice m U LTI L H 0 l L E 251 Oak ree ca oul Africa ENRICHING LIVES Reg No 1994 009083 07 Telephone 011 289 2289 Fax 011 577 5911 Email commercialactivation multichoice co za AND CONTACT PERSON CFs ee DESIGNATIONIcAPAGITY vate ABOVE REPRESENTATIVE MAY BE CONTACTED AT TELEPHONE No WORK TT ema TELEPHONE No CELL 7 Fax Wo PHYSICAL ADDRESS _ POSTAL ADDRESS EXISTING CUSTOMER No L SMART CARD No COMMENCEMENT DATE OF SERVICE __ DECODERNo EST NO OF T V ABER OF MONTHLY SUB TOTAL No OF ADDITIONAL CHANNELS AND COST TOTAL TVS COST POINTS S H T H T ee eee eee E G H ee H O ee ee eee S Teer SIH H H P HTH TH o k posea HT T HT H H e T e me H H H T H A ee ww H TH e H H T Ca H H ee eo ER Se a e RS a E JOO ee O E e a a E k euesruouse e Jo P So n a o k persec JOO eRe Feit a JO S O E ow a SS a ee we O e E E O aa E the undersigned state that am duly authorised to enter into this agreement on behalf of the Subscriber and by my signature hereto bind them to the terms and conditions of the Subscription Agreement printed on the reverse side hereof which have read ESTABLISHMENT TYPE
5. SIGNED AT ON THE DAY OF SUBSCRIBER SIGNATURE WITNESS 1 WITNESS 2 SIGNED AND ACCEPTED ON BEHALF OF MULTICHOICE AFRICA PTY LTD ON THE DAY OF NAME OF SALES REPRESENTATIVE CONTACT NUIMBER AUTHORISED REPRESENTATIVE OF MULTICHOICE AFRICA Pty Ltd Multichoice Africa Pty Ltd is and authorised financial services provider FSP licence 11514 COMMERCIAL SUBSCRIPTIONS ADDITIONAL BASIC CHANNELS mark WITH AN XY GENERAL ENTERTAINMENT amp MOVIES RESTRICTED ENTERTAINMENT amp MOVIES O M Net Edge HD amp sp O AfricaMagic Family O M Net Action Restricted viewing only O M Net Stars Restricted viewing only O M Net Series Zone L AfricaMagic Epic Movies O Crime amp Investigation Network O AfricaMagic Urban Movies oO BBC Entertainment oO AfricaMagic Showcase Restricted viewing only Restricted viewing only O Fox O Mzanzi Magic D Comedy Central O Studio Universal ADDITIONAL CHANNELS O BET O Universal F O True Movies O Sony Entertainment Television Al Jazeera SABC 1 25 2 Dumisa CTV O TCM D Sony Entertainment Max Russia Today eN Faith Ignition O AMC O Vuzu Business Day TV Magic World Rhema DW Bloomberg Telemundo iTV BVN g NAA n g D al p HD amp sD CNBC Africa Parliamentary Soweto TV RAI Italia O CBS Drama O Zee World SABC News CCTV 4 Bay TV RTPi D CBS Reality D Discovery TLC ANN7 CCTV 9 1KZN TV5 Monde OE Entertainment DStv AUDIO LIFESTYLE amp CULTURE BBC World Service 1 2 amp 3 Radio Veritas
6. be regarded as unsuitable or offensive by some viewers 19 2 3 for any interruption delay defect or failure in the distribution or reception of the selected service s regardless of the nature duration or cause of such defect or failure in the absence of gross negligence or wilful default on MultiChoice s part If such interruption delay defect or failure is due to such gross negligence or such wilful default by MultiChoice the subscriber shall be entitled as its sole and exclusive remedy and subject to 19 3 to a credit against future payments of subscription fees equal to the pro rata portion of the fees representing the period of the interruption delay defect or failure to the extent caused by MultiChoice s gross negligence or wilful default MultiChoice shall in any event have no liability for indirect or consequential damages suffered by the subscriber its directors employees agents guests and or any other person arising from or in relation to the agreement and or access to and or reliance on the content of the selected service s including loss of profit and loss of data howsoever arising Although MultiChoice strongly recommends the use of MultiChoice accredited installers for the installation of the equipment the cable distribution system the decoder s and the smartcard s each installer acts as an independent contractor and is not an employee subcontractor or agent of MultiChoice Neither the manufacturer s of the equipmen
7. includes the plural and vice versa 1 2 2 the following expressions shall bear the following meanings and related expressions shall bear corresponding meanings 1 2 2 1 affiliate with respect to any person any person directly or indirectly controlling controlled by or under common control with such oa person For the purposes of this definition control including the terms controlling controlled by and under common control with shall mean the possession directly or indirectly of the power to direct or cause the direction of management and policies of such person whether through the ownership of voting rights by contract or otherwise 1 2 2 2 annual administration fee the annual fee payable by the subscriber from time to time to MultiChoice for providing the subscriber with access to the complimentary channels 1 2 2 3 cable distribution system the distribution system which links the decoder s and the television reception equipment with the individual units in the commercial establishment 1 2 2 4 complimentary channel package the package of television channels comprising only channels for which no subscription fee is payable 1 2 2 5 commercial establishment any establishment referred to in the schedule 1 2 2 6 decoder s the electronic device s consisting of a digital satellite decoder s which when used together with the smartcard s unscrambles digitally com
8. purposes STATUS OF THESE TERMS AND CONDITIONS If there is any conflict between the provisions of these terms and conditions and the user manual these terms and conditions will prevail the provisions of these terms and conditions and the schedule the provisions of the schedule will prevail REQUEST FOR SUBSCRIPTION The subscriber s request for access to one or more DStv services must unless expressly permitted by MultiChoice be made in writing to MultiChoice subscriber s request and shall only be considered once the schedule has been completed signed and submitted to MultiChoice by the subscriber If MultiChoice 3 2 1 accepts the subscriber s request MultiChoice will authorise the subscriber to have access to the selected service s and the agreement will come into effect between the subscriber and MultiChoice on that date 3 2 2 refuses the subscriber s request which it reserves the right to do for any reason MultiChoice shall have no obligation to the subscriber arising from the subscriber s request COMMENCEMENT AND DURATION OF THE AGREEMENT Regardless of the place or date of the subscriber s request the agreement is concluded at MultiChoice s principal place of business in Randburg RSA and shall be deemed to have commenced on the date MultiChoice first authorises the subscriber to have access to the selected service s The agreement is binding on both the subscriber and MultiChoice unless and until eith
9. the right to replace or remove channels without notice O Disney XD C CBeebies DMX Music R1041 00 incl VAT per month o Disney Junior E JimJam Separate 24 month contract applicable please contact DMX on 011 780 300 TOTAL CHANNELS R R SUBSCRIBER SIGNATURE DEBIT ORDER FORM NAME OF ACCOUNT HOLDER MULTICHOICE CUSTOMER BANK ACCOUNT DETAILS R RRRRRRRR cc TYPE OF ACCOUNT Current O Transmission O Savings O Amount to be charged monthly MultiChoice Africa Pty Ltd will charge my account on the first of each month Bank It is hereby agreed that this authority shall remain in force until cancelled in writing with one month notice of such cancellation Branch SIGNED AT ON Account Number SIGNATURE Bank clearing code top right hand corner of cheque Multichoice Africa Pty Ltd is and authorised financial services provider FSP licence 11514 Terms and Conditions of Subscription to MultiChoice Digital Services South Africa and Lesotho Commercial Establishments 1 1 1 2 INTERPRETATION In these terms and conditions clause headings are for convenience purposes only and shall not be used in its interpretation unless the context clearly indicates a contrary intention 1 2 1 an expression which denotes any gender includes the other genders a natural person includes an artificial person whether incorporated or unincorporated and vice versa and the singular
10. 17 3 17 4 17 5 17 6 18 19 19 1 19 2 19 3 19 4 19 5 20 20 1 The subscriber shall immediately advise MultiChoice in the event that it becomes aware of 17 3 1 any act or attempt by any party in relation to the decoder s and or smartcard s and or the DStv services 17 3 2 any damage to or loss or theft of the decoder s and or smart card s or any use thereof which if committed by the subscriber would constitute a breach of the agreement The subscriber shall inform all its employees agents contractors and guests in writing in such manner as MultiChoice may direct that any direct or indirect infringement of copyright constitutes an offence In this regard the subscriber acknowledges that it shall be liable for infringements committed by any of its employees agents and contractors For the purpose of clarity the parties agree that the subscriber shall serve written notice effective 20__ onall of the subscriber s tenants separate business rooms which are distinct from the commercial establishment business that such tenants separate business rooms are required to enter into their own separate subscription agreements with MultiChoice in order for them to receive the DStv services The subscriber undertakes to copy MultiChoice on all correspondence related to this written notice and to provide MultiChoice with a full list of all those affected tenants separate business rooms together with their contact telephone an
11. Choice content rights and 17 1 2 the copyright in the software and all the other intellectual property rights incorporated in the smartcard s in the approved decoder s the equipment and the DStv services are owned by or licensed to MultiChoice the system rights and 17 1 3 the subscriber acquires no right or interest in the content rights or the system rights and the subscriber shall use its best endeavours to maintain and protect MultiChoice s interest and that of MultiChoices suppliers and licensors in the content rights and the system rights and 17 1 4 any infringement of the content rights and or the system rights will result in substantial loss and or damages to MultiChoice The subscriber hereby indemnifies MultiChoice against any infringement of the content rights and or the system rights by the subscriber its employees agents contractors and or guests Without limiting the generality of the aforegoing the subscriber shall not use and shall not permit facilitate or condone any other person using any video recording equipment video cassette transmitter cable distribution system or other system or method to duplicate reproduce sell broadcast distribute or otherwise use or transmit the DStv services to any other party under any circumstances or for any purpose whatsoever other than as provided for in the agreement Multichoice Africa Pty Ltd is and authorised financial services provider FSP licence 11514
12. Choice in respect of services not provided for herein subject to the acceptance thereof in writing by the subscriber If MultiChoice authorises the subscriber to have access to the selected service s at any time before the next due date for payment the subscriber shall pay on that next due date such pro rata amount as MultiChoice may charge the subscriber for the selected service s received prior to that date While a subscriber is allowed to terminate the agreement at any time the subscriber will be required to pay the full monthly subscription fee due for the billing month within which the termination date falls without discount or refund in respect of the period between the termination date and the commencement date of the next billing month For purposes of this clause a billing month refers to the calendar month period commencing on the debit order payment date of the monthly subscription fees The subscriber acknowledges that if its notice of termination is not received by MultiChoice at least 5 business days before the commencement of the next billing month MultiChoice cannot guarantee that payment instructions for the following billing month will be cancelled in time and the subscriber hereby waivers any claim against MultiChoice in respect of any costs or expenses incurred as a result thereof If the subscriber has requested access to the complimentary channel package only the subscriber shall pay to MultiChoice the annual administr
13. WZ MuLTICHOICE ENRICHING LIVES Quotation DStv Commercial Premium Packages Attention To whom it may concern In terms of MultiChoice s subscription policy terms conditions and our licensing agreement with our program suppliers the following packages have been made available to commercial subscribers 1 Commercial Premium Hotel Guest House Retirement Village Package This package costs R212 00 per room per television point The package consists of M Net the M Net Movie channels amp all the SuperSport channels excluding all the SuperSport HD channels which are available at an additional cost Any additional channels are R16 50 per channel per television point per month A minimum of 3 television points are required to qualify This package is applicable to Hotels Guest Houses Retirement Villages Hospitals etc 2 Sports Package This package costs R546 00 per television point or per third television in an open area per month This package consists of all the SuperSport channels excluding all the SuperSport HD channels which are available at an additional cost This package is available to Pubs Bars etc 3 Fashion amp Beauty Package This package costs R535 00 per television point per month This package consists of Fashion TV Cartoon Network Channel O MTV amp VH1 SSHD channels are not available in the Fashion amp Beauty Package This package is applicable to Pubs Hair Boutiques Clothing Stores etc 4 Off
14. able distribution system and the equipment in the commercial establishment The subscriber shall ensure that the installation and maintenance of the decoders cable distribution system and equipment shall at all times comply with the manufacturer s or supplier s as the case may be written specifications inregard thereto the manufacturer s warranty and the decoder care contract if any 7 3 2 The smartcard s must be kept in the approved decoder s which MultiChoice recommends be connected to the mains power supply and to the equipment and instandby mode when not in use to enable the updating of the software in the approved decoder s via satellite and in order that the subscriber s continued access to the selected service s is not negatively affected The subscriber acknowledges that in such standby mode certain approved decoders generate heat and noise and that they will be positioned with these factors in mind Defective equipment and or decoder s MultiChoice shall not be liable for any degradation of the quality of the selected service s which may directly or indirectly result from defects to or the malfunctioning of or the incorrect installation and or maintenance of the equipment the cable distribution system and or the decoder s Inspection MultiChoice and its representatives are hereby authorised and empowered from time to time during reasonable hours to inspect the equipment and or the decoder s and or the cable distribution syste
15. ach by it of the provisions of 9 2 may constitute criminal activity and will result in considerable prejudice and damage to MultiChoice and or its channel suppliers and content providers which may be difficult or impossible to quantify If the subscriber is proven to be in breach of any of the provisions of 9 2 the subscriber agrees to pay to MultiChoice an agreed pre estimate of liquidated damages of R100 000 00 per incident of breach and if the breach is or was ongoing a further R20 000 00 per day for so long as such breach continues or continued without prejudice to MultiChoice s rights arising pursuant to the subscriber s breach of the agreement including the right to prove and recover its actual damages Multichoice Africa Pty Ltd is and authorised financial services provider FSP licence 11514 10 10 1 10 2 10 3 11 RESTRICTIONS ON VIEWING The subscriber undertakes during the currency of the agreement 10 1 1 to take all reasonable steps to prevent the viewing of restricted material by children below the age restriction which may be laid down by MultiChoice or its channel suppliers or by the broadcasting authority from time to time 10 1 2 to take all reasonable steps on a continuing basis to ensure that all adults who may have access to the selected service s in terms of the agreement are informed and will remain informed of all age restrictions and other conditions which may be laid down by MultiChoice or its channel su
16. ation plus VAT thereon on or before the date on which MultiChoice is to provide access to the complimentary channel package The subscriber shall pay the annual administration fee for the complimentary channel package each time access thereto is requested by the subscriber regardless of whether or not such access has been requested by the subscriber more than once in a period of one year Thus a subscriber who requests access to the complimentary channel package and subsequently subscribes for an additional DStv services and consequently terminates the access the complimentary channel package and then suspends or terminates the subscription s for the additional DStv services but requests continued access to the complimentary channel package will again be obliged to pay the annual administration fee and will accordingly not receive credit for the period that the complimentary channel package was not active The subscriber may not deduct from or set off against any fees which the subscriber is obliged to pay to MultiChoice in terms of the agreement any amount which the subscriber claims from MultiChoice or which MultiChoice owes to the subscriber MultiChoice may from time to time change the relevant fee s payable to MultiChoice for the selected service s by notifying the subscriber in writing prior to such change Whilst MultiChoice will endeavour to notify the subscriber at least one month in advance of such change MultiChoice cannot guaran
17. bound by any undertakings representations warranties or the like not recorded herein nor reduced to writing and signed by both parties Any relaxation or indulgence which MultiChoice may show the subscriber at any time in regard to the agreement is without prejudice to and does not constitute a waiver of any rights MultiChoice may have either in terms of the agreement or any law If any provision of the agreement is found to be wholly or partly invalid unenforceable or unlawful then the agreement will be severable in respect of the provision in question to the extent of its invalidity unenforceability or unlawfulness and the remaining provisions of the agreement will remain in full force and effect MultiChoice is entitled to amend or vary the agreement including the provisions of the schedule or the user manual or these terms and conditions from time to time on notice to the subscriber and other subscribers general amendment The subscriber agrees to be bound by such general amendment from a date specified in MultiChoices notice which will not be earlier than the date of receipt of such notice No amendment requested by the subscriber shall be valid or effective unless either captured in a general amendment or recorded in writing and signed by the subscriber and by MultiChoice MultiChoice may cede any of its rights and or delegate any of its obligations under the agreement to any person The subscriber may not cede any of its righ
18. ch transfer the identity and contact details of such third party TEXT MESSAGING MultiChoice may notwithstanding anything to the contrary contained in the agreement and for all purposes in terms of the agreement communicate with the subscriber by means of email or via messages to the decoder s for display on the television monitor s text messages The nature of the text messages may vary and may be used amongst other things 16 2 1 to promote services provided by MultiChoice and or those of its channel suppliers and clients 16 2 2 to advise the subscriber of the status of its subscription account and any amounts owing by the subscriber to MultiChoice and 16 2 3 to inform subscribers about changes to the DStv services and operational systems MultiChoice has no liability to the subscriber or any third party as a result of or in connection with the text messages whether by MultiChoice by the subscriber or by a third party using the DStv services the equipment the decoder s and or the smartcard s and the subscriber hereby indemnifies MultiChoice against any loss or harm that the subscriber or a third party may suffer or incur as a result of any such text messages INTELLECTUAL PROPERTY The subscriber acknowledges that 17 1 1 all materials including the content constituting the DSTV services is protected by intellectual property rights including copyright which are either owned by or the use thereof is licensed to Multi
19. d fax numbers The subscriber warrants and undertakes to ensure that the selected service s is received on the units without modification tampering interference or insertion or substitution of any materials into or adjacent to the selected service s or any part thereof FORCE MAJEURE If either party affected party is prevented from carrying out any obligation imposed upon it in terms the agreement by reason of any event of force majeure including an act of God act of State riot insurrection civil commotion terrorism satellite failure or deterioration sun outages rain fade strike sanctions boycott embargo or any other circumstances beyond the affected party s reasonable control the affected party shall advise the other party within seven days of the existence of the event of force majeure and expected duration thereof Performance by the affected party shall to the extent that it is made impossible by such event of force majeure be suspended until such event of force majeure ceases to prevail without prejudice to the obligation of the other party to continue performing under the agreement provided that if such event of force majeurecontinues for a period longer than three months the other party shall be entitled to cancel the agreement in whole or in part in relation to that portion of the agreement which is impossible to be performed NO WARRANTIES LIMITATION OF LIABILITY AND INDEMNITIES MultiChoice makes no warranty or
20. dule these terms and conditions and the user manual 1 2 2 26 units the total number of television monitors and or any wired television points in the commercial establishment that are wired for the reception of the selected service s 1 2 2 27 User manual the standard operating instructions for the type of decoder s installed in the commercial establishment as published and updated from time to time by MultiChoice and which may include guidelines for subscribers on installing and setting up the type of decoder s used by the subscriber troubleshooting safety guidelines and decoder specifications 1 2 2 28 VAT Value Added Tax in terms of the VAT Act 1 2 2 29 VAT Act Value Added Tax Act No 89 of 1991 as amended 1 2 2 30 XtraView functionality which enables two or more MultiChoice Digital Satellite TV channels to be simultaneously viewed on two or more separate televisions should any provision in a definition be a substantive provision conferring rights or imposing obligations on either party effect shall be given to that provision as if it were a substantive provision in the body of the agreement any reference to an enactment regulation rule or by law is to that enactment regulation rule or by law as at the signature date and as amended or replaced from time to time when any number of days is prescribed such number shall exclude the first and include the last day unless the last day falls on a Saturday Sunday
21. e foregoing the subscriber may 9 2 2 1 if it is a club permit the selected service s to be received and viewed in that part of its premises to which access is restricted to club members and authorised guests of club members and which is not open to the general public 9 2 2 2 subject to 9 2 2 3 in a public place permit the reception and viewing of the selected service s in respect of public access channels only 9 2 2 3 not permit the reception or viewing of the selected service s in any cinema or theatre complex 9 2 3 charge and shall not permit facilitate or condone any other person to charge any person any fee or other consideration to view or use any content of the selected service s 9 2 4 copy any of the content of the selected service s 9 2 5 redistribute relay retransmit or rebroadcast any of the content of the selected service s 9 2 6 hack reverse engineer or otherwise compromise or interfere with the security of the conditional access system operating software or encryption software used in the smartcard s and the decoder s used to receive the DStv services or attempt to do so or permit facilitate or condone any other person doing so using the smartcard s and or the decoder s 9 2 7 use the selected service s in conjunction with third party s service s or product s 9 2 8 use the selected service s to promote and or market any other service and or product The subscriber acknowledges that it is aware that a bre
22. e in law or in terms of the agreement The subscriber may by written notice to MultiChoice at any time apply to add to the selected service s and MultiChoice shall in its sole discretion approve or reject such application The fee payable by the subscriber from the date of enablement of the smartcard s to gain access to the new selected service s shall be that prescribed at that date by MultiChoice therefore In the event that the subscriber notifies MultiChoice of its desire to add to the selected service s but does not furnish MultiChoice with the aforesaid written notice and MultiChoice enables the subscriber to gain access to the new selected service s MultiChoice shall be entitled to disenable such access if the written notice is not received within fourteen days of such enablement save that the subscriber shall remain liable pro rata to pay the subscription fees for the period in which it had access to the new selected service s ACCESS TO AND DISCLOSURE OF INFORMATION RELATING TO THE SUBSCRIBER The subscriber authorises MultiChoice 13 1 1 to access from the Credit Bureau Association credit bureaux if the subscriber is a member of the credit bureaux and subscribes to its Code of Conduct the subscriber s information concerning financial risk and payment habits payment profile for purposes of credit information sharing fraud prevention and debtor tracing 13 1 2 to capture store analyse and use for MultiChoice s
23. encies in encrypted digital format by means of satellite and which is unscrambled by means of a decoder and as the case may be the related facilities and applications serviced by MultiChoice 1 2 2 14 package a combination of audio and video and data channels comprising a single package of channels serviced by MultiChoice 1 2 2 15 PVR decoder a PVR decoder which when used together with a smartcard unscrambles digitally compressed and encrypted television program carrying signals and which has inter alia time shifting buffer copying memory and replay functionalities 1 2 2 16 public place a pub bar restaurant shebeen tavern fast food outlet shop lounge conference room sports facility or complex cinema or other theatre complex business office or any other place to which access is open to the public 1 2 2 17 public access channel a channel forming part of the DStv services to which access in public places is required or permitted by the broadcaster of that channel 1 2 2 18 RSA the Republic of South Africa 1 2 2 19 schedule the schedule to which these terms and conditions apply and are attached and which may be amended or supplemented in writing by the parties from time to time 1 2 2 20 selected service s the DStv services selected by the subscriber in terms of the agreement 1 2 2 21 signal the signal comprising the selected service s as transmitted in encrypted format
24. er party gives the other party at least thirty day s written notice of termination which it may do at any time The termination of the agreement will not affect or prejudice 4 3 1 either party s rights or remedies in respect of the period prior to termination 4 3 2 those rights and obligations contained in the agreement which the parties intend either expressly or by implication will survive beyond such termination CHANGES TO FEATURES FUNCTIONALITY AND SYSTEMS MultiChoice may from time to time 5 1 1 replace withdraw or otherwise amend the content features and or functionality of the DStv services or restrict their availability 5 1 2 make any changes including adding new programming channels services bouquets applications and facilities and dropping others to the range nature format and content of the DStv services including 5 1 2 1 the range of DStv services offered 5 1 2 2 the composition of specific packages 5 1 2 3 the range nature and number of any ancillary applications facilities or services to the DStv services including the electronic programme guide and other interactive services 5 1 3 advise the subscriber of additional applications features or functionalities which are available the conditions applicable thereto and the charges therefor if any which if the subscriber accepts them will be included in the selected service s and the subscriber will be obliged to pay the additional charge if a
25. ice Package This package costs R269 00 per television point per month This package consists of all the SuperSport channels VH1 amp CNN excluding all the SuperSport HD channels which are available at an additional cost A minimum of three television points are required to qualify 5 Tavern Package This package costs R183 00 per television per month This package consists of SuperSport 3 4 MaXimo and Channel O Selected SuperSport HD channels are available at an additional cost SSHD 1 amp 2 is not available as additional channels in the Tavern Package This package is applicable to any commercial establishment d ko All prices quoted are VAT inclusive SABC 1 2 3 amp eTV are included in all packages Additional Channels can be added to all packages at R16 50 per channel per television point per month excluding the A La Carte Indian Channels which cost R48 00 per channel per television point per month S 70 d ko NB All the above mentioned packages are available on Dual View SDPVR amp HDPVR decoders excluding the DualView PVR amp XtraView functionalities in a commercial environment Best regards The Commercial Team MultiChoice Pty Ltd MultiChoice Support Services Pty Ltd 251 Oak Ave Randburg 2194 South Africa is an authorised financial services provider Reg Number 2007 01431 07 PO Box 1502 Randburg 2125 South Africa Reg Number 1994 009083 07 FSP license number 11514 Directors FLN Letele
26. judicial management in either case whether provisionally or finally 20 1 5 the subscriber takes steps to deregister itself or is deregistered in terms of the Companies Act 61 of 1973 as amended 20 1 6 the subscriber fails to satisfy a judgment against it within ten days after it becomes aware of the judgment except that if the subscriber provides MultiChoice with evidence on an ongoing basis to the reasonable satisfaction of MultiChoice that steps have been initiated within the aforesaid ten days to appeal review or rescind such judgment and to procure suspension of execution and that such steps are being expeditiously pursued the period of ten days shall run from the date the judgment becomes final or the attempt to procure suspension of execution fails that party defaulting party shall be in default Multichoice Africa Pty Ltd is and authorised financial services provider FSP licence 11514 20 2 20 3 20 4 21 21 1 21 2 21 3 21 4 21 5 21 6 21 7 21 8 21 9 21 10 If a party is in default the other party aggrieved party shall be entitled in addition to all other remedies at law and subject to 20 3 to 20 2 1 cancel the agreement in which event 20 2 1 1 the aggrieved party may retain all monies paid by the defaulting party or subject to 19 3 claim damages 20 2 1 2 if the aggrieved party elects to claim damages it may retain all monies paid by the defaulting party pending determination of the
27. l establishment which shall receive the signal in unencrypted format 12 1 2 the selected service s 12 1 3 the nature of the subscriber and 12 1 4 such other factors as may be determined by MultiChoice from time to time From the date MultiChoice authorises the subscriber to receive the selected service s the subscriber shall pay MultiChoice in advance the applicable monthly subscription fee plus VAT thereon The subscriber shall make these payments in full on or before the date s specified by MultiChoice from time to time due date The monthly subscription fee shall be payable by the subscriber irrespective of whether or not the subscriber utilises the selected service s MultiChoice shall be entitled to charge the subscriber interest at the rate of 2 per month on the outstanding subscription fee s for each month or part thereof during which such subscription fee s remains due but unpaid or if a lower rate such maximum interest rate prescribed in terms of any applicable legislation The subscriber shall in addition to the monthly subscription fee pay MultiChoice 12 5 1 all other taxes duties levies or charges that may be levied by any government authority directly or indirectly in relation to the selected service s 12 5 2 the reconnection fee stipulated in 5 3 3 if the subscriber requests MultiChoice to reinstate the selected service s and MultiChoice agrees to do SO 12 5 3 any additional fee stipulated by Multi
28. m on at least twenty four hours written notice to the subscriber Stolen or damaged decoder s and smartcard s 7 6 1 If the decoder s the smartcard s or any part thereof is stolen or damaged in any way whatsoever the subscriber shall immediately notify MultiChoice after such theft or damage has come to the subscriber s attention and in the case of theft or damage resulting from theft provide MultiChoice with a police case number in respect of the incident giving rise thereto 7 6 2 In the event that MultiChoice is satisfied that the decoder s the smartcard s or any part thereof has been stolen MultiChoice shall 7 6 2 1 record such decoder s smartcard s or the relevant part s thereof as the case may be as stolen and shall be entitled to disable the reception and decryption of the signal in respect of such decoder s and or smartcard s and 7 6 2 2 replace the stolen smartcard s subject to 7 6 2 2 1 he payment by the subscriber of a replacement fee as charged by MultiChoice from time to time 7 6 2 2 2 compliance by the subscriber with the provisions of this 7 6 and 7 6 2 2 3 compliance by the subscriber with such identity verification process as MultiChoice may prescribe from time to time MANUFACTURER S WARRANTY AND DECODER CARE CONTRACT If for so long as the period of the manufacturer s warranty in relation to the decoder s has not expired and the subscriber is not in breach of the terms thereof the subscriber ma
29. ny in respect thereof 5 1 4 change a feature or functionality forming part of the selected service s to one for which the subscriber must pay an additional charge if the subscriber wishes to continue receiving such feature or functionality The various systems necessary for or associated with the provision of the DStv services including technical services signal distribution and satellite capacity the conditional access system the software operating system software applications subscriber management services and business systems are determined by MultiChoice from time to time and are subject to ongoing innovation and change Accordingly without limiting the aforegoing the subscriber agrees that MultiChoice may 5 2 1 change or replace the software of the aforesaid systems including by means of over the air software downloads to address any problems relating to the software to improve security to provide additional functionality and or to ensure that the decoders used by subscribers are not authorised to decrypt signals other than those authorised by MultiChoice and or 5 2 2 recommend that the subscriber upgrade reconfigure or swap out swap out one or more of the hardware components used by the subscriber to access the selected service s if its continued access to the selected service s will be negatively affected should the swap out not be effected The subscriber may at any time request MultiChoice to 5 3 1 authorise
30. or public holiday in the RSA in which case the last day shall be the next succeeding day which is not a Saturday Sunday or public holiday in the RSA Multichoice Africa Pty Ltd is and authorised financial services provider FSP licence 11514 2 1 2 2 3 1 3 2 4 2 4 3 5 1 5 2 5 3 7 2 any schedule or annexure to the agreement shall form part of the agreement the use of the word including or includes followed by a specific example s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example s the expiration or termination of the agreement shall not affect those provisions of the agreement which expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination notwithstanding the fact that the clauses themselves do not expressly provide for this in its interpretation the contra proferentem rule of construction shall not apply the agreement being the product of negotiations between the parties nor shall the agreement be construed in favour of or against either party by reason of the extent to which either party or its professional advisors participated in the preparation of the agreement and recordals shall be binding on the parties and are not merely for information
31. own marketing purposes the viewing habits and profile of the viewers of the selected service s and to retrieve such information from the decoder s 13 1 3 to use data that MultiChoice may hold in relation to the subscriber from time to time for the following purposes 13 1 3 1 to share information about the subscriber s payment profile but not any personal banking details with the credit bureaux for purposes of credit information sharing fraud prevention and debtor tracing 13 1 3 2 processing the subscriber s requests for access to the selected service s 13 1 3 3 informing the subscriber of any new DStv services or related facilities available or announcements of promotional competitions 13 1 3 4 administering the agreement 13 1 3 5 informing the subscriber of changes to the agreement 13 1 4 to disclose the subscriber s information 13 1 4 1 to the credit bureaux for purposes of credit information sharing fraud prevention and debtor tracing 13 1 4 2 to affiliates of MultiChoice for purposes of marketing the services of those affiliated companies or 13 1 4 3 to any company which acquires MultiChoice s business or any part thereof MultiChoice will also disclose the subscriber s information if and to the extent required to do so to comply with applicable laws including the requirements of statutory authorities MULTICHOICE S OBLIGATIONS Subject to the subscriber complying with the agreement MultiChoice authorises the subsc
32. ply with MultiChoice s specifications from time to time approved decoder s and in accordance with the user manual Multichoice Africa Pty Ltd is and authorised financial services provider FSP licence 11514 7 3 7 4 7 5 7 6 8 1 8 2 9 2 9 3 7 2 2 MultiChoice may at any time require that a particular smartcard s issued to the subscriber be used only with a specified approved decoder s in which event MultiChoice shall be entitled to disable any smartcard s not used in such approved decoder s 7 2 3 Only the subscriber may use the smartcard s Having a smartcard does not on its own give the subscriber the right to receive the selected service s 7 2 4 The subscriber may not tamper with the smartcard s or attempt to use the smartcard s for any purpose not authorised by MultiChoice 7 2 5 MultiChoice may disable the smartcard s whether temporarily or permanently if 7 2 5 1 any unauthorised person uses the smartcard s 7 2 5 2 the subscriber is in breach of the agreement 7 2 5 3 it is necessary to protect the integrity of MultiChoice s conditional access system 7 2 5 4 the smartcard s is damaged lost or stolen or 7 2 5 5 it is otherwise reasonable for MultiChoice to do so Installation and maintenance 7 3 1 The subscriber shall enter into a separate contract with the installer which will govern the terms and conditions pertaining to the installation and maintenance of the decoder s the c
33. ppliers or by the broadcasting authority in regard to any cinematographic film or other programme which may form part of the selected service s from time to time MultiChoice undertakes to inform the subscriber on a continuing basis and to keep the subscriber informed of all age restrictions and other conditions which may be imposed by it or its channel suppliers or by the broadcasting authority in regard to any cinematographic film or other programme which may form part of the selected service s from time to time For the purpose of this 10 the subscriber shall at all times during the currency of the agreement be deemed to be the person exhibiting the programme concerned UNAUTHORISED USE OF PVR DECODERS DUAL VIEW DECODERS AND XTRAVIEW FUNCTIONALITY The subscriber agrees and acknowledges that the subscription rights conferred upon it in terms of the agreement do not include the right to access the selected service s by means of PVR decoders dual view decoders and XtraView functionality Accordingly the subscriber shall not be entitled to use or receive and distribute the selected service s to the units by means of PVR decoders dual view decoders and XtraView functionality 12 FEES 12 1 12 2 12 3 12 4 12 5 12 6 12 7 12 8 12 9 12 10 12 11 12 12 12 13 12 14 The monthly subscription fee payable by the subscriber shall be based on the following factors 12 1 1 the number of units in the commercia
34. pressed and encrypted television programme carrying signals in order to produce and or relay the DStv services but excluding PVR and other XtraView functionality 1 2 2 7 effective date the date on which the subscriber is first authorised to have access to the selected services by MultiChoice 1 2 2 8 equipment the head end electronic television reception equipment other than the decoder s and cable distribution system in the commercial establishment which enables the signal to be received and distributed within the commercial establishment 1 2 2 9 installation all labour and expertise necessary to install the equipment decoder s and cable distribution system in the commercial establishment 1 2 2 10 installer any person or entity appointed by the subscriber to carry out the installation 1 2 2 11 month a calendar month i e any month of the calendar year commencing on the first day of such calendar month and terminating on the last day of that calendar month both days inclusive 1 2 2 12 MultiChoice MultiChoice Africa Pty Limited a company duly incorporated in accordance with the laws of the RSA registration number 1994 009083 07 1 2 2 13 DStv services the package of MultiChoice Digital Satellite TV channels as serviced by MultiChoice from time to time plus any additional basic channels accessed in terms of the agreement in a commercial establishment as transmitted on Ku band frequ
35. representation 19 1 1 as regards any component of the equipment the cable distribution system the decoder s and or the smartcard s nor that the subscriber will be able to access the selected service s using the equipment the cable distribution system the decoder s and or the smartcard s nor that such access will be continuous and uninterrupted 19 1 2 as to the quality of reception by the subscriber of the selected service s which reception may suffer from degradation or interruption for a range of factors outside MultiChoice s reasonable control 19 1 3 as to the quality reliability truthfulness or accuracy of the content of the selected service s MultiChoice shall not be liable 19 2 1 for any damages suffered by the subscriber any person whom MultiChoice has enabled to have access to the selected services or any other third party which arises out of 19 2 1 1 any act or omission of MultiChoice its directors employees and or agents subject to the provisions of 19 2 3 19 2 1 2 any act or omission of MultiChoice s consultants subcontractors and or affiliates 19 2 1 3 the exercise by MultiChoice of its rights in terms of the agreement 19 2 1 4 any breach by the subscriber of its obligations under the agreement 19 2 2 to any person for the content on and or the use of materials constituting the selected service s and the subscriber acknowledges that the selected service s may contain images and or content that may
36. riber to have access to the selected service s for so long as they are offered by MultiChoice provided that MultiChoice shall have no obligation to ensure that the equipment the cable distribution system the decoder s and the smartcard s are installed correctly subject to the decoder care plan referred to in 8 2 if the subscriber has chosen that option 14 2 1 to ensure that the equipment the cable distribution system the decoder s and the smartcard s are and remain functional and enable the subscriber to receive the selected service s 14 2 2 to maintain any component of the equipment the cable distribution system the decoder s and or the smartcard s SUBSCRIBER S OBLIGATIONS Subject to the terms of the agreement the subscriber shall inform MultiChoice in writing within seven days of any change to any of the information provided by the subscriber in relation to the agreement inform MultiChoice immediately if the subscriber becomes aware of 15 2 1 any act or attempt by any party in relation to the equipment the cable distribution system the decoder s the smartcard s or the selected service s which if committed by the subscriber would constitute a breach of the agreement 15 2 2 any damage to or loss theft or unauthorised use of the equipment the cable distribution system the decoder s and or the smartcard s and if it transfers the decoder s to any third party immediately inform MultiChoice of su
37. t the decoder s or the smartcards s manufacturer s nor MultiChoice are liable for any loss or damage of any nature whatsoever caused by the conduct of the installer including 19 4 1 any direct indirect special or consequential damages of any nature which the subscriber may suffer as a result of any breach by the installer of any of its obligations to the subscriber 19 4 2 any loss or damage to any property of the subscriber or of any third party situated in the commercial establishment as a result of an act or omission of the installer The subscriber hereby indemnifies MultiChoice its affiliates directors employees and agents against any claim loss or harm suffered or incurred by any third party arising from a breach by the subscriber of the agreement the content of and or use of materials constituting the selected service s BREACH OF AGREEMENT If 20 1 1 the subscriber fails to pay any amount due by it to MultiChoice 20 1 2 either party commits a breach of any material provision of the agreement and fails to remedy the breach within ten days of written notice from the other party to do so 20 1 3 either party commits a second or subsequent material breach of the agreement after having remedied an earlier similar breach during the preceding twelve months after written notice from the other to do so 20 1 4 the subscriber takes steps to place itself or is placed in liquidation whether voluntary or compulsory or in
38. tee that MultiChoice will do so In the event that MultiChoice increases the fees payable to it the subscriber may terminate the agreement within thirty days of receipt by the subscriber of notice of such increase If no such notice of termination is received by MultiChoice within the aforesaid thirty day period the subscriber shall be bound by the increase and the monthly fee payable to MultiChoice shall be deemed to have been amended accordingly MultiChoice may alter the payment instruction under which the subscriber pays the relevant fees to MultiChoice if the amounts payable by the subscriber to MultiChoice should change for any reason MultiChoice may also charge and recover from the subscriber under that same instruction any other amounts owing by the subscriber under the agreement If the subscriber wishes to have access to any special event programming which does not form part of the selected service s including special motion pictures concerts plays ballet opera and or sporting and entertainment the subscriber shall forthwith notify MultiChoice of that wish and if MultiChoice makes available to the subscriber any such special event programming MultiChoice shall be entitled in terms of 12 5 3 to levy such additional fees in connection with such service as agreed to in writing by the subscriber MultiChoice and its representatives have the right and the subscriber hereby authorises and empowers MultiChoice and its representatives
39. the subscriber to access one or more additional DStv service s If MultiChoice agrees to such request MultiChoice will determine and advise the subscriber of the fees to be paid by the subscriber in respect of the new selected service s MultiChoice may refuse the subscribers request in its discretion or 5 3 2 cease providing one or more of the selected service s or 5 3 3 suspend the subscriber s access to the selected service s for a specified period following which the subscriber may request and again be granted authority to access such suspended services subject to a reconnection fee which MultiChoice may charge at that time USER MANUAL MultiChoice may in its sole discretion amend the user manual from time to time DECODERS SMARTCARDS AND EQUIPMENT Ownership 7 1 1 Subject to 7 1 2 and 17 1 it is recorded that the decoder s presently installed in the commercial establishment are the property of the subscriber 7 1 2 The software and intellectual property incorporated in the decoder s and smartcard s are owned by or are licensed to MultiChoice MultiChoice shall be entitled without notice to the subscriber to disable the smartcard s as a result of a breach by the subscriber of the agreement the termination of the agreement or the replacement of the smartcard s with another smartcard s Hardware 7 2 1 The subscriber may only access the selected service s using a smartcard s supplied by MultiChoice in a decoder s which com
40. ts and or delegate any of its obligations under the agreement to any other person The agreement is subject to and will be interpreted implemented and enforced in terms of the internal laws of the RSA that is excluding its conflicts of laws rules The subscriber consents to the jurisdiction of the Magistrates Court in respect of all proceedings arising out of or pursuant to the agreement Notwithstanding the aforegoing MultiChoice shall be entitled in its discretion to institute any proceedings in relation to the agreement in any Division of the High Court of South Africa having jurisdiction The parties choose the following addresses for the service of all notices and processes arising out of the agreement 21 10 1 MultiChoice 251 Oak Avenue Randburg 2125 Gauteng RSA 21 10 2 he subscriber the physical address supplied by the subscriber on the schedule or when requesting the selected service s as same may be amended by the subscriber from time to time RZ MULTICHOICE ENRICHING LIVES Decoder CA Module No Smartcard No Multichoice Africa Pty Ltd is and authorised financial services provider FSP licence 11514
41. upon demand to audit the subscriber s records and or to inspect the commercial establishment from time to time during all reasonable business hours in order to ascertain the correctness of the number of units in the commercial establishment Multichoice Africa Pty Ltd is and authorised financial services provider FSP licence 11514 12 15 12 16 13 13 1 13 2 14 14 1 14 2 15 15 1 15 2 15 3 16 16 1 16 2 16 3 17 17 1 17 2 Should MultiChoice exercise its right to audit the subscriber s records or to inspect the commercial establishment and discover pursuant to that audit or inspection that the subscriber has failed to notify MultiChoice of any increase in the number of units and of the date s upon which such increase s occurred the subscriber shall forthwith be obliged to pay to MultiChoice an amount in respect of such additional units equal to the subscription fee which should have been paid to MultiChoice That amount shall be deemed to have become due and owing from the earlier of the effective date or the date of the last audit or inspection by MultiChoice of the commercial establishment if any such occurred and shall accrue interest from such due date as contemplated in 12 4 Notwithstanding the aforegoing the aforesaid failure by the subscriber shall be deemed a material breach of the agreement entitling MultiChoice to exercise its rights in 20 without prejudice to such other rights as it may hav
42. y be entitled to have the decoder s repaired or replaced subject to the terms of that warranty or the subscriber has elected to take out a decoder care contract the subscriber may for so long as that plan lasts and the subscriber is not in breach of the terms thereof be entitled to have the decoder s repaired or replaced subject to the terms of that plan RESTRICTIONS ON ACCESS TO AND USE OF SELECTED SERVICE S The subscriber may only receive and or use the selected service s and the equipment required for the receipt of the selected service s including the approved decoder s the smartcard s the cabling distribution system and the satellite reception equipment related thereto at the commercial establishment in the RSA Without limiting the foregoing the subscriber may not use the smartcard s outside the RSA or Lesotho Without limiting the restriction in 9 1 the subscriber may not 9 2 1 have access or attempt to have access to any of the DStv services other than the selected service s 9 2 2 without the prior written consent of MultiChoice permit facilitate or condone the reception or viewing of the selected service s in any public place in the commercial establishment other than as provided for in the schedule The subscriber agrees that any reception of the selected service s in any such public place shall constitute a breach of the agreement entitling MultiChoice to exercise those rights conferred upon it in 20 Notwithstanding th
Download Pdf Manuals
Related Search