Term of Service
1. Agreement: This Agreement (the “Agreement”) sets out how Talfazat LLC (“Talfazat”), an affiliate of KyLinTV, Inc. (“KyLinTV”) will provide the access to Talfazat IPTV broadcasts, Video on Demand (“VOD”) and video related services to you worldwide via Talfazat set-top-box (the “STB”) along with devices including Personal Computer (PC), iPad® and other tablet devices supporting Talfazat application (collectively, the “Own Devices”). For purposes of this Agreement, “you” and “your” shall refer to the individual who wishes to use the Services. By (i) your submission of an online order; (ii) your acceptance of the Terms of Service electronically during registration; (iii) your initialing the Talfazat Term of Service in an order form (“Order Form”); (iv) your signing an Order Form at a Talfazat Reseller; or (v) your use of Services, you agree to be bound by this Agreement, including future revisions. Any specific terms, conditions, instructions or service limits relating to the Services that you chose in your Talfazat subscription package will be treated as part of this Agreement.
2. Authorized User, Use, and Responsibility:
A. You must be 18 years of age or older and have the legal authority to enter into this Agreement. You affirm that the information you supplied is correct and complete.
B. You understand that all information provided by you will be relied upon by Talfazat for the provision of Services thus shall be true and accurate. You agree that Talfazat may disable or terminate the Services in the event that you provide false or incorrect information. You shall promptly notify Talfazat whenever your personal information or billing information changes (including for example, your name, address, telephone number, and credit card number and expiration date).
C. You agree to use the Services for personal use only and in compliance with the then current Talfazat Authorized Use Policy and any applicable laws and regulations. If you want to subscribe to Talfazat Service and Equipment for a commercial establishment, you must first contact Talfazat and obtain written approval from Talfazat.
D. You accept that Talfazat considers anyone using the Services under your account or with your registered Equipment to be authorized by you (unless proven otherwise) and you must pay all charges due from that use.
3. Term: This Agreement goes into effect upon your acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.
4. Payment of Charges:
A. The current effective subscription fees for Talfazat packages are set out at http://www.talfazat.com/en/stbpackage/. Under this Agreement, the payment processing services for goods and/or Services purchased from Talfazat are provided by KyLinTV Europe Limited, a wholly owned subsidiary of KyLinTV on behalf of Talfazat or by Talfazat directly, depending on the type of payment method used for the purchase of the goods and/or Services. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an Agreement between you and KyLinTV Europe Limited. For any other type of purchases, these terms are an Agreement between you and Talfazat and goods and/or services will be delivered by Talfazat directly.
B. You agree to pay all charges for the Equipment(s) and the Services, including any charges for late payment. The method of payment will be either as set out in this Agreement or as we otherwise agree with you.
C. You agree to provide Talfazat and its payment processing agent with a valid major credit card as the designated form of payment at initial sign-up, and will maintain the validity of the credit card information while your subscription is active unless we otherwise agree upon.
D. Authorization: You agree to authorize Talfazat to automatically charge your designated credit card for the following types of fees: i. Monthly Subscription Fee: For subscription of any Monthly Plans (for clarity, monthly plan of Basic Package is only available to Services on receiving devices other than the Equipment defined in section 5 below) or subscription of plans renewed on monthly basis (the “Monthly Subscription”), you will be charged at the beginning of each calendar month for the balance of that month's subscription fee and taxes applicable. Billing for new Monthly Subscriptions will begin on the earlier of (i) five (5) days after the date Talfazat receives and processes the new order; or (ii) the date you start using the Services. If the billing start date falls in the middle of the month, you will be charged the full monthly fee at the beginning of the next month and a pro-rated fee for the partial month.
ii. Fee for Multi-month Subscription: For subscription to multi-month plan of Basic Package (currently only available to Services on the Equipment) or Promotional Plans which have mandatory commitment period (the “Multi-month Subscription”), you will be charged in advance at the beginning of each billing cycle for that month's subscription fee and tax applicable. Billing for new Multi-month Subscription will begin up to five (5) days after the date Talfazat receives and processes your new order. Accordingly, your billing cycle will start on the billing start date of each calendar month. You must fulfill the fixed commitment period to the subscribed Basic Channel Package; otherwise an early termination fee applies (as set out in Section 10). You authorize Talfazat to automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 7.
iii. Fee for Prepaid Subscription: For subscription to Prepaid Plan (currently only available to Services on the Equipment) or Promotional Plan which requires payment of the full subscription upfront (collectively, the “Prepaid Subscription”), you will be charged upfront for the subscription Fee of the entire mandatory subscription period and tax applicable at the time the order is received by Talfazat. However, the billing start date will begin up to five (5) days after the date Talfazat receives and processes your new order. Talfazat will provide you access to the Services for the number of consecutive months for the period as specified and your Prepaid Subscription beginning from the billing start date. You agree that Talfazat can automatically charge your designated form of payment for all fees if your subscription is automatically renewed according to Section 7.
iv. For All Subscription Plans:
(a) Shipping and Handling, Activation, and Applicable Service Fees: The charges for shipping and handling, activation and applicable service fees are set out in your Order Form. Talfazat will charge your designated credit card for shipping and handling fees, activation fee, as well as other applicable service fees that you have pre-approved either during your initial subscription order or during the course of your usage of Talfazat. You acknowledge and agree that ALL shipping and handling, activation and other applicable service fees are non-refundable.
(b) Equipment Fee and Equipment Deposit: as set forth in Section5B and 5C.
(c) Late Payment Charge: as set forth in Section 6.
(d) Suspension Fee: as set forth in Section 9.
(e) Early Termination Fee: as set forth in Section 10.
(f) Any additional charges for failure to return Leased Equipment: as set forth in Section 5D.
E. Dispute of Charges: Your monthly statement of Talfazat Services will be available online through your Talfazat account. If there is any dispute item in the statement, you shall notify Talfazat of such disputed items within thirty (30) days of receipt, or such greater amount of time as permitted by law. Failure to timely notify us of a dispute shall constitute your acceptance of the corresponding bill. Undisputed portions of a billing statement must be paid before the next billing statement is issued or you agree to pay a Late Payment Fee as described in Section 6. Disputes can be filed either by calling Talfazat at 1-888-91-TALFAZATor sending e-mail to support@talfazat.com. Please retain your proof of filing a dispute claim.
F. You agree that Talfazat is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Talfazat. If the charge transaction against your designated credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), Talfazat will suspend the Services until you pay all amounts due upon demand by Talfazat.
G. Customer Reaffirmation: Every time you use Talfazat Services, you reaffirm that (i) Talfazat is authorized to charge your designated credit card; (ii) Talfazat may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your Subscription is canceled or terminated.
5. Equipment: To receive the Services from Talfazat, you may use our Services via (i) your Own Devices: Personal Computer (PC), iPad® and other tablet devices supporting Talfazat application; or (ii) Talfazat Equipment. Only one access is allowed to receive the Services at the same time under the same account. You may purchase or lease Talfazat Equipment from Talfazat. The Equipment consists primarily of, but not limited to, cables, wires, amplifiers, STB/receivers and remotes. For clarity, the Talfazat wireless adaptor is not a part of the Equipment and a separate purchase is required. Please note that a 12 months commitment is required for Services on Equipment regardless of whether you purchase or lease the Equipment and an early termination fee will apply if you cancel your Services before the completion of the commitment period.
A. Own Devices: If you elect to use our Services via your Own Devices, you need to have a Talfazat Application in order to use our Services. Your device may come with our Application or you may download it via your device.
B. Purchased Equipment: If you elect to purchase Talfazat Equipment(s) ("Purchased Equipment"), you agree to pay the then effective market price of the Equipment (currently US$99) in your account registration country and any applicable sales, usage, and other taxes for the Equipment you purchase.
C. Leased Equipment: If you elect to lease Equipment from Talfazat (the “Leased Equipment”), you will need to pay a one-time deposit of fifty US dollars ($50) for each set of Equipment you lease (the “Equipment Deposit”) and a monthly Equipment rental fee of three US dollars (US$3)for the number of month you lease Equipment from Talfazat. Talfazat will automatically charge your designated credit card for the applicable Equipment Deposit at the time the order is received.
D. Talfazat Property; Return of Leased Equipment: All Leased Equipments remain the property of Talfazat. You must return all Leased Equipments within 10 days upon termination or cancelation of the Services. If the Leased Equipment is returned on time and in good working condition, Talfazat will credit your designated credit card account for the amount of the original Equipment Deposit you paid within 90 days of receipt. You need to keep the tracking number provided by the delivery service you use (for example, UPS tracking number) as evidence of your compliance with your obligation to return the Equipment. You agree to bear any additional costs incurred by Talfazat to insure the return of the Equipment. Failure to timely return Leased Equipment at the end of your subscription will result in for each Leased Equipment not returned: (i) forfeiture of the Equipment Deposit, and (ii) a charge for the difference between then effective market price of the Equipment (currently US$99) and the Equipment Deposit you paid. You agree to pay such charges whether the Equipment is lost (through theft or otherwise) or destroyed (through accident, act of God or otherwise).
E. Care of Talfazat Property: You agree that neither you nor any other person (except Talfazat's authorized personnel) will open, tamper with, service, make any alterations to, or remove any Leased Equipment from its point of initial installation. Any alteration, tampering, removal, etc., or the use of Leased Equipment which permits the receipt of Services without authorization or the receipt of Services to an unauthorized number of outlets, or to unauthorized locations constitutes theft of Services and is prohibited. During the Term of the Agreement, no right of lien and retention by third parties over the Equipment or Application is allowed.
F. You agree that you will not try to reverse-engineer, decompile or disassemble any software or hardware contained within any Equipment provided by Talfazat. Such actions are strictly prohibited and may result in the termination of this Agreement, disconnection of your Services and/or legal action.
6. Late Payment: If you delay payment, Talfazat will send you a reminder or call you and temporarily disconnect you to the Services. The Services will be reinstated soon after you pay in full the amount demanded by Talfazat. If you delay your payment for one (1) months from the date of billing, Talfazat will initiate the collection procedure and charge you a late payment charge of twenty-five US dollars (US$25) (the “Late Payment Charge”) by way of compensation to Talfazat for breaking the terms of this Agreement. You agree that in the case of late payment or nonpayment for any Services ordered by you or for any of the charges stated above, Talfazat, in its sole discretion, may report such late payment or nonpayment to credit reporting agencies.
7. Renewal: You may change your subscription in accordance with Section 8 of this Agreement or cancel the Services in accordance with Section 10. If you do not choose either of the actions as instructed in each section, Monthly Subscriptions will automatically be renewed each month at the then prevailing subscription fee for the same package, Multi-month Subscription will automatically renew on a monthly basis at the completion of the mandatory subscription period for the same package at the then prevailing monthly subscription fee of that package and Prepaid Subscription will automatically renew at the completion of the subscription period of the Prepaid Plan as calculated from that period's billing start date at the then prevailing subscription fee for the same plan (collectively, “Renewal Subscription”). The subscription fee will be charged in accordance with Section 4 (D).
8. Subscription Plan Changes:
A. Changing from Monthly Subscription to Prepaid Subscription or Multi-month Subscription can be done at any time upon your request. Requests will be processed by the close of the next business day or before the starting date of the Prepaid Subscription. Talfazat will credit to you a pro-rated fee for the partial month and charge your designated form of payment for the new Prepaid Subscription fee according to Section 4(D) (iii) or for Multi-month Subscription fee according to Section 4(D) (ii).
B. Unless otherwise provided in the terms and restrictions of the Promotional Plan(s), changing from Prepaid Subscription to Monthly Subscription or Multi-month Subscription or new Prepaid Subscription of a different channel package requires you to notify Talfazat at least thirty (30) days prior to the expiration of the existing Prepaid Subscription. At the expiration of the existing Prepaid Subscription, you will be billed for the subscription fee of the new Prepaid Subscription or Monthly Subscription or Multi-month Subscription of channel package according to Section 4(D).
C. Unless otherwise specified in promotion terms of the Promotional Plan, changing from Multi-month Subscription to Prepaid Subscription or Monthly Subscription prior to the completion of the mandatory commitment period is generally not allowed.
9. Suspension: You may request suspension of your subscription up to a maximum period of three (3) consecutive whole months for the Equipment activated under your account at a suspension fee (“Suspension Fee”) of five US dollars (US$5) per month. The minimum period for suspension is one (1) month and the maximum is three (3) months. You must specify the suspension start date and duration in whole months at the time of request. You will be charged in advance the one-time non-refundable Suspension Fee at time of request for the number of months requested. Services will be stopped on the suspension start date and will be automatically reactivated on the same calendar date of the last elapse month for the period specified. For clarity, the suspension period does not count as part of a subscription period.
A. For Monthly Subscriptions and Multi-month Subscription, there will be no Monthly Subscription Fee, apart from the monthly Suspension Fee, for the number of months requested beginning with the next calendar month following the suspension date. You agree that there will be an extension of the Subscription period by the number of elapsed months specified at the time of suspension;
B. For Prepaid Subscriptions, you agree that there will be an extension of the Subscription period of Prepaid Plan by the number of elapsed months specified at the time of suspension.
10. Cancellation:
You may cancel your subscription to Talfazat Service by notifying us at the Customer Service number 1-888-91-TALFAZAT. Depending on your subscription plan(s), the following cancelation rules apply.
A. For Monthly Subscription you may cancel the Monthly Subscription at anytime without subject to a Cancellation Fee. In the event that your account is cancelled, you will not receive any partial credit for the Monthly Subscription Fee you already paid for that month, and at the time of cancellation, all VOD movies and TV Drama Episodes viewed during that month will be charged.
B. For Multi-month Subscription, if you cancel the Services prior to the completion of the mandatory commitment period, you will be charged an Early Cancellation Fee equals to fifty percent (50%) of the standard subscription fee of the package you subscribed to multiplied by the number of months remaining in commitment period (Maximum US$89.94) , unless otherwise specified in the terms and conditions of the Promotional Plan you subscribed to. At the time of cancellation, all VOD movies and TV Drama Episodes viewed during that month will be charged.
C. For Prepaid Plans, if you terminate your subscription prior to the completion of the mandatory subscription period, Talfazat will not prorate, nor refund you the Subscription Fees of the Prepaid Plan you ordered.
11. Disruption of Services: You agree that in no event shall Talfazat be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond Talfazat's reasonable control. Subject to applicable law, credit will be given for qualifying outages. In any event, if there is a known program or service interruption in excess of 24 consecutive hours (or in excess of such lesser time period pursuant to state law), you shall prompt notify of such failure or interruption to Talfazat and Talfazat will either provide you with a pro-rata credit relating to such failure or interruption or, at its discretion, in lieu of the credit provide alternative programming during any program interruption. You agree that Talfazat shall not be liable for any incidental or consequential damages.
12. Repair of Leased Equipment: Talfazat will repair and/or replace defective Leased Equipment as long as such damage was not caused by your misuse or other improper operations or handling. A service charge may be imposed if damage to Leased Equipment is due to your negligent use or abuse or if no fault is discovered in Talfazat's system or Equipment. In addition, an Equipment charge may be imposed for the repair or replacement of any lost, stolen or damaged Talfazat Leased Equipment. Talfazat makes no warranties, with respect to Talfazat Leased Equipment or Services provided by Talfazat or with respect to the Equipment's compatibility with any Customer-owned equipment.
13. Talfazat Purchased Equipment Warranty:
A. Talfazat warrants to you that the Purchased Equipment will be free from defects in workmanship and materials, under normal use and service, for one year from your date of purchase. You agree that Talfazat's sole obligation under this express warranty shall be, at Talfazat's option and expense, to repair the defective Purchased Equipment or part, deliver to you equivalent Purchased Equipment or part to replace the defective item, or if neither of the two foregoing options are reasonably available, Talfazat may, on its sole discretion, refund to you the purchase price paid for the defective Purchased Equipment. All Purchased Equipment that is replaced will become the property of Talfazat. Replaced Purchased Equipment or parts may be new or reconditioned. Talfazat warrants any replaced or repaired Purchase Equipment or part for ninety (90) days from shipment, or the remainder of the initial warranty period, whichever is longer.
B. You shall promptly notify Talfazat for warranty claims that Purchased Equipment is non-conforming to obtain a Return Materials Authorization number and return shipping information. Upon receipt and verification of non-conformity, Talfazat will ship the repaired or replaced Purchased Equipment to you.
C. Talfazat will not be liable under this limited warranty if its testing and examination disclose that the alleged defect or malfunction in the Purchased Equipment does not exist or results from: (i) failure to follow Talfazat's installation, operation, or maintenance instructions; (ii) unauthorized product modification or alteration; (iii) abuse, misuse, negligent acts or omissions of you and persons under your control; or acts of third parties, acts of God, accident, fire, lightning, power surges or outages, or other hazards.
D. You acknowledge and agree that IF PURCHASED EQUIPMENT DOES NOT OPERATE AS WARRANTED ABOVE, YOUR SOLE REMEDY FOR BREACH OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE PURCHASE PRICE PAID, AT TALFAZAT'S OPTION. TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TALFAZAT NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
14. Communication Charges: In order to receive Services from Talfazat, you agree that you are responsible for obtaining and maintaining at your own expense all equipment and services needed to access Talfazat Services. You also agree to bear any communication charges incurred by accessing Talfazat Services through a third-party network, such as a cable or wireless carrier.
15. Customer Property: You are responsible to obtain and maintain equipment to access Talfazat Services on www.talfazat.com. Talfazat assumes no responsibility for the maintenance or repair of equipment you provided, including but not limited to television sets, VCRs, computers, laptop or other video equipment, remote controls, wireless cards, and stereos or other audio equipment. You shall be responsible for the repair and maintenance of any equipment you provided.
16. Access to Customer Premises: When you elect onsite installation, you agree to provide Talfazat's representatives with access at reasonable times to your premises to inspect and maintain the Leased Equipment, and upon termination of Services, to remove the same from the premises. Where necessary, you must also obtain permission from third parties (as the landlord for example) for the planned installation work before the Talfazat onsite installation is carried out.
17. Your Privacy:
A. Talfazat maintains your personal identification information for the purpose of account management, billing and collections, and customer support and service management. You agree that Talfazat may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of Talfazat Services.
B. You agree that Talfazat may record your conversations with Talfazat call center representatives for the purpose of tracking records and improvement of our Customer Service.
18. Reproduction of Programs: You agree that the programs provided by Talfazat will be utilized solely for your personal, non-commercial use and will not be duplicated except in compliance with applicable law. If we reasonably believe you have misused the Services, we may take immediate action to disconnect you from the Services or terminate your agreement with us, without limiting our rights or remedies under this Agreement and applicable laws and Talfazat reserves the rights to take legal actions for breach of copyright terms of any program reproduced, or inform the copyright holder of the breach.
19. Talfazat's Rights:
A. Talfazat has no obligation to monitor content or Services accessible by means of the Talfazat STB or wireless card. However, you acknowledge and agree that Talfazat has the right to monitor content from time to time and to disclose any information as necessary to satisfy any law or regulation to operate its programming properly, or to protect itself or its Customers.
B. Talfazat shall have the right to determine in its sole discretion what constitutes an "inappropriate" or "commercial use" of Talfazat's Equipment and Services.
20. Customer Service: If you have any technical faults and administration questions or want to request any changes in your Talfazat account, you may contact Talfazat customer service either by calling Talfazat at 1-888-91-TALFAZATor sending e-mail tosupport@talfazat.com.
21. Assignment or Transfer: This Agreement and the Leased Equipment are not assignable or otherwise transferable by you.
22. Breach of Agreement: Talfazat, at its option, may suspend or terminate the Services and remove the Leased Equipment without notice if: (i) you break any terms or conditions of this Agreement or make a material misstatement in any details supplied to us; or (ii)you fail to pay the payment due for the Services within 30 days after Talfazat’s written notice; or (iii) if for reasons outside Talfazat’s control, Talfazat cannot continue to provide the Services; or (iv) if you are involved in unlawful copying of content of any of the TV Services. Talfazat’s failure to remove such Equipment shall not be deemed abandonment thereof. You agree to pay for reasonable attorney's fees to Talfazat in the event that Talfazat shall find it necessary to preserve and protect its rights under this Agreement.
23. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of Talfazat and are subject to change at any time in accordance with applicable law. You may find the information about latest version of packages and channels available at: http://www.talfazat.com/talfazat/pricing-and-packages/overview
24. Changing the Term of Service: Sometimes, Talfazat will need to change the Term of Service. We will publish details of all changes online at: http://talfazat.com/en/terms-of-use
25. Disclaimer:
A. Talfazat assumes no liability for any program or information distributed over the system unless locally produced by Talfazat. Talfazat shall not be responsible for any products, merchandise or prizes promoted on or purchased through the use of the system, unless such product, merchandise or prizes are provided directly by Talfazat.
B. Adaptive Streaming: Talfazat utilizes adaptive streaming technology by default which will automatically adapt the best picture quality based on your detected Internet speed. Please note, if your Internet service provider imposes additional charges above a limited amount of data, you could manually adapt the picture quality of the Talfazat STB and PC Services by accessing the “Setting” section of your account to better adjust your data use. For more information, please contact Talfazat customer service.
26. Limitation of Liability: Talfazat aims to provide a continuous, high-quality service, but we do not warrant that the Services or Equipment provided by Talfazat will perform at a particular speed or will be uninterrupted, or error-free. The Services can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Talfazat. In no event shall Talfazat (or its officers, employees, parent, subsidiaries, or affiliates), its third party licensors, providers or suppliers, be liable for: (i) any direct, indirect, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue or damage to data arising out of the use, partial use or inability to use the Services, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if Talfazat has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
27. Severability: If any part, term or provisions of this Agreement is found to be illegal or unenforceable by the court, the remainder of this Agreement shall continue to govern our provision of the Services to you.
28. Choice of Law: You and Talfazat agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and Talfazat, shall be construed by and covered under and in accordance with the laws of the State of New York without reference to its principles of conflicts of laws.
Glossary
“Add-on Package” shallmean the packages that are available only with order of Basic Package. It includes but not limited to Aghapy TV.
“Basic Package” shall mean the packages which are required to be ordered before availability of Add-on Packages. It shall include the Ultimate Package.
“Monthly Plan” shall mean any subscription plan of Basic Packages, Add-on packages and Promotional Packages which requires monthly subscription and do not have a commitment period requirement.
“Prepaid Plan” shall mean the subscription plan of any channel packages, which requires full payment of subscription fee for the complete mandatory subscription period at the time of order.
“Promotional Packages” shall mean the special packages launched for a limited time promotion which have strict provisions of qualification, a minimum mandatory commitment period and benefits exclusively for qualified subscribers.
Updated 05/2013
