PBS SUBSCRIPTION CONTRACT/ TERMS & CONDITIONS

Effective as of 1st October 2005

THIS DOCUMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH PBS TV WILL PROVIDE ITS SERVICE TO YOU. PLEASE ENSURE YOU READ THESE TERMS AND CONDITIONS BEFORE YOU SIGN THE SUBSCRIPTION CONTRACT. KEEP THESE TERMS AND CONDITIONS FOR YOUR RECORDS.

Important information about your PBS Service

It is important for you to read the following information relating to your PBS subscription.

If you still have any questions once you've read this document, please feel free to contact our Customer Care Representatives on 3372335 for Central customers, 6662291 for Western customers and 8818638 for Northern Customers .

Your Contract

You are contracted to a minimum term of 12 months. At the end of the term your contract will continue on a monthly basis at the standard monthly subscription fee of your selected viewing package.

Payment

All subscription payments are to be paid 1 month in advance at Post Fiji outlets, Direct Debit (DD), or payment through our PBS offices in Suva, Lautoka and Labasa. Please note that late payment may result in deactivation of your service and a Reactivation Fee.

Deactivation

If you would like to deactivate your Service, please notify us in writing one month in advance. If you are deactivating within the initial term, you must pay any arrears plus the balance of subscription fees for that period.

Equipment & Installation

To receive the PBS service you must purchase a satellite dish and digital receiver (“The Equipment”) from PBS and pay for The Equipment to be installed within your home. The cost of the equipment is in addition to your monthly subscription fee.

Once you have subscribed to the service, a PBS approved installer will contact you direct to arrange a suitable time to install The Equipment. PBS will provide The Equipment to the installer prior to the date of the scheduled installation. Fees and related costs for installation of The Equipment are to be fixed at the time of subscription and are to be paid in advance at a Post Fiji Outlet. The receipt of the payment is to be given to the installer before the installation.

PBS approved installers provide a 6 month quality assurance warranty from the date of installation. Should you decide to install the equipment yourself or use a non PBS approved installer you forego that 6 month warranty. Please note that a PBS approved installer would still need to certify and authorise the digital receiver. A fee will apply in this situation.

Once your equipment has been successfully installed, your digital receiver will be authorised by PBS to receive the PBS service.

Free to Air (FTA) Channels

If you want to view FTA channels, please be aware that you may need a FTA antenna.

Technical Help

If you are experiencing any technical difficulties, please consult the guide given to you when your Equipment was purchased or contact us on 3372335 (Suva), 662291 (Lautoka), 8818638 (Labasa)


Subscription Contract

Terms and Conditions

1. Activation

1.1 The Company will not activate the Service until the first month's Subscription Fee, the purchase price of the Equipment and any additional fees have been paid, all documentation has been completed and approved for the payment of all subsequent Subscription Fees and the Equipment has been installed at the Premises.

2. The Service

2.1 The Company will provide the Subscriber with the Service in accordance with the Contract from the Activation Date.

2.2 The Company may from time to time vary the programming of the Service or discontinue part of the Service without notice to the Subscriber and without any adjustment to the Subscription Fee.

2.3 The Subscriber must not do or permit any advertisement, program delay, interruption, editing, copying, videotaping, insertion, deletion, re-broadcasting, re-transmission or any alteration to the Service in any manner electronically or otherwise. The Subscriber must not allow the monitor on which the Service will be viewed to be placed or seen in any public area.

3. Fees and Charges

3.1 The Subscription Fee and the price of the equipment must be paid at any Post Fiji outlet,Direct Debit(DD) from your bank account or payment direct made to our PBS offices at Suva, Lautoka and Labasa prior to the Activation Date and by the due date as set out in the monthly invoice.

3.3 The Subscriber must pay any goods and services tax and tax, duty, levy, charge or impost in the nature of a goods and services tax or like impost assessed or imposed in respect of any product or service supplied by the Company ("Other Charges").

3.5 The Subscriber may be required to pay an overdue fee on all overdue monies from the date on which such monies are due up to the actual date on which payment is received, calculated on a daily basis at the rate of 1.5% per month.

3.6 The Subscriber must pay all reasonable collection costs (including legal fees) incurred by the Company to enforce collection of any monies due to the Company under the Contract.

3.7 If any amount owed to the Company by the Subscriber is overdue, the Company may, at its option, deactivate the Service until payment is received in full, including overdue fees and all other amounts payable under the Contract. The Subscriber must pay all reasonable costs associated with the deactivation and a Reactivation Fee.

3.8 If any payment is dishonoured or rejected, the Subscriber will be liable for all the associated fees and charges.

3.9 The Company may charge the Subscriber an additional fee for the provision of program guides, should these be provided.

4. Equipment

4.1 The Subscriber must not attach more than one monitor to the digital receiver.

4.2 If the Subscriber wishes to sell the Equipment, the Subscriber must first offer to sell The Equipment back to the Company for the Company’s current buy back price. If the Company does not wish to buy back The Equipment, The Equipment may only be sold or transferred to a third party by complying with the procedure advised by the Company for the sale or transfer of Equipment.

4.3 The Subscriber must not use or tamper with the Equipment in any manner not expressly authorised by the Contract including but not limited to removing, repairing, maintaining or making attachments to the Equipment.

4.4 The Subscriber must immediately notify the Company:

(a) if problems occur with the Equipment or any part of it is stolen, damaged, lost, destroyed or interfered with in any way; or
(b) if the Subscriber becomes aware of any unauthorised use of the Equipment, which may constitute piracy.

4.5 Under no circumstances shall the Company be required or obliged to make good the Premises after the Company has repaired, removed or replaced Equipment.

5. Subscriber Authorisations

5.1 Unless the Subscriber advises the Company to the contrary in writing, the Subscriber authorises the Company to use the Subscriber's information in accordance with the Privacy Policy, as referred to in Clause 11.

6. Subscriber Responsibilities

6.1 The Subscriber must immediately notify the Company of any changes to the details provided to the Company.

6.2 The Subscriber must do everything necessary to satisfy the Subscriber's financial obligations under the Contract including the prompt, accurate and proper completion of all necessary documents required by any financier, credit card operator, bank or credit provider and ensuring that at all times there are sufficient funds available through such financier, credit card operator, bank or credit provider to meet such obligations.

7. The Company’s Rights

7.1 To the extent permitted by law, in no event shall the Company be liable for any claim by the Subscriber for loss or damages including, but not limited to, claims for faulty design, damage done on connection and/or removal of the Equipment, defects in the Equipment, negligent or misleading advice, damages arising from loss or use of the Equipment, and any indirect special or consequential loss, damage, injury or death to any person or the property of any person and the Company to the same extent limits its liability, if any, to the Subscriber to the value of the Equipment and to the fullest extent permitted by law the Subscriber hereby releases and
indemnifies the Company and forever holds the Company harmless against any such claim.

7.2 The Company shall not be liable to the Subscriber for any delay or interruption of the Service, changes in programming or any programming errors.

7.3 The Company shall not be liable for default or failure in performance of its obligations under the Contract resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, insurrection, accidents, fires, explosions, earthquakes, floods, the elements, power surges, strikes, labour disputes, shortage of suitable parts, components, materials or transportation or any other cause beyond its reasonable control.

8. Alteration of the Contract

8.1 The terms of the Contract (including, but not limited to, provision of the Service) may be changed by the Company at any time by written notice to the Subscriber. The Subscriber has the right not to accept such change if the Subscriber so notifies the Company in writing within seven (7) days after receiving notices of such change. If the Subscriber does not accept such change the Company may terminate the Contract.

8.2 The Subscriber may assign his/her Contract to a third party with one month’s prior written notice to the Company and subject to the Company’s approval. All obligations and rights of the Subscriber pursuant to their Contract will be assigned to the third party when the third party signs a Contract.

9. Term

9.1 The Contract will commence on the Activation Date and continue for the Term stated in the Schedule or until the Contract is terminated under Clause 10.

9.2 If by agreement between both parties, the Term continues beyond the fixed Term, the Contract shall continue from month to month on the same terms and conditions, until terminated by either party under Clause 10.

9.3 If the Subscriber elects to take any additional subscription services, the Subscriber agrees to subscribe for the minimum period specified for that additional subscription service in the Schedule.

10. Termination

10.1 The Subscriber may terminate the Contract by exercising any right the Subscriber may have under any Door-to-Door Sales Legislation. That legislation will prevail if there is any inconsistency between the Contract and such legislation.

10.2 The Company may terminate the Contract:

(a) without notice to the Subscriber if any monies payable by the Subscriber are overdue for more than fourteen (14) days;

(b) without notice to the Subscriber if the Subscriber breaches any material obligation under the Contract; or

(c) by one (1) month's written notice to the Subscriber in any other case.

10.3 On termination of the Contract all rights accrued in favour of either party against the other party shall continue.

10.4 On the termination of the Contract the Subscriber must immediately pay the Company:

(a) all Subscription Fees and other amounts which are owed by the Subscriber;

(b) subject to clause 10.2 and 10.5, all Subscription Fees which have not yet fallen due for payment for the remainder of the Term; and

(c) the Company’s reasonable administration fees.

10.5 If the Subscriber moves Premises during the Term, the Subscriber will not be required to pay Subscription Fees for the remainder of the Term if:

a) the Company deems it not possible for the Subscriber to receive the Service at the new Premises; and

b) the Subscriber provides the Company with adequate proof of residence at the new Premises.

10.6 The Subscriber shall not be entitled to a refund of any monies paid to the Company after the Contract has terminated.

10.7 The Subscriber may terminate the Contract after the Term stated in the Schedule has expired by giving one (1) month’s prior written notice to the Company.

11. Privacy Policy

11.1 This Privacy Policy sets out the Company’s policy on its management of your personal information. The Company is committed to ensuring the proper use of that information. The Company is also subject to the privacy provisions of the Constitution Amendment Act. This Policy may be updated from time to time. The latest Privacy Policy can be accessed on the company’s official website at www.pbstv.tv

11.2 This Privacy Policy contains the following important information regarding your relationship with us:
• Collection of personal information
• Use of personal information
• Disclosure of personal information
• Information Accuracy
• Information Security
• Correcting and Accessing personal information
• Trans-Border transfer of information
• Sensitive information
• Disclaimer

11.3. Collection of personal information

11.3.1 The Company will only collect personal information that is necessary for one or more of its legitimate functions or activities and will only do so by lawful and fair means and not in an unreasonably obtrusive way.

11.3.2 The Company will collect, record and store personal information about you when you register as a subscriber to the Service or when you enter or apply for promotions run by the Company.

11.4 Use of personal information

11.4.1 The personal information collected by the Company is or may be used:
• For billing purposes;
• To maintain your account;
• To notify you about new products or services from time to time;
• To provide customer support;
• To provide you with products, services or information that you have requested;
• To streamline and personalise your experience while dealing with the Company; and
• To tailor our information, services or products in order to improve and enhance those services and products we provide for you.

11.4.2 The Company may also use personal information for the purpose of direct marketing. However, we may only use your personal information or data in relation to promotional activities where it is impracticable for us to obtain your prior express consent. Whenever the Company does this we will provide an express opportunity when we first contact you to decline receiving any further marketing communications from the Company.

11.4.3 Information collected by the Company may also be combined and de-identified to provide the Company with anonymous demographic and usage information. The Company will then use this aggregated information to develop new and/or more appropriate services and products to offer to customers.

11.5 Disclosure of personal information

11.5.1 The Company will only pass on personal information about you to other companies or people when:

1. We need to share your information in order to provide the product or service you have requested;
2. We have your consent to share the information;
3. We need to pass on the information to companies that provide programming or work on behalf of, or in conjunction with, the Company in order to provide a product or service to you. (Unless we tell you otherwise, these companies do not have any right to use the personal information we provide them for purposes that do not involve the Company.)
4. We are required to respond to subpoenas, court orders or legal process.

11.5.2 If you tell us that you do not wish to have your personal information used or disclosed for a particular purpose we will respect your wishes, unless this is not legally or practicably possible.

11.5.3 For the purposes of 11.5.1.3, personal information may be accessed and viewed by authorised information technology consultants and other systems administrators for the sole purpose of maintaining an effective recording and accounting network system.

11.6 Information Accuracy

11.6.1 The Company will take reasonable steps to ensure that the personal information it collect, uses or discloses is accurate, up to date and complete.

11.7 Information Security

11.7.1 The Company will take reasonable steps to protect the security of personal information held by the Company.

11.7.2 The Company only permits personal information to be accessed by authorised personnel.

11.7.3 The Company will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose.

11.8 Correcting and accessing personal information

11.8.1 Subject to verification of identity, personal information may be accessed at any time by request of the person to whom the information relates.

11.8.2 Access to personal information can be obtained only by the person to whom that information relates to and is available by contacting the Company's Customer Service Centre.

11.8.3 If the Company holds personal information relating to a person then that person may request at any time that any or all of that information be changed, updated or corrected.

11.9 Trans-Border transfer of information

11.9.1 In order to provide certain content and subscription services to our customers, the Company is required from time to time to submit information that may contain personal information to companies, organisations and people outside Fiji.

11.9.2 The Company will only use personal information in this way if it is necessary to do so in order that the Company be able to provide you with services and products that you have requested.

11.9.3 The Company will take reasonable steps to ensure that the information which it has transferred will not be collected, held, used or disclosed by the recipient of the information for any other purpose other than to assist the Company with the provision of products or services to our customers.

11.10 Sensitive information

11.10.1 The Company will not collect, use or disclose sensitive information (such as information about political or religious beliefs or racial or ethnic origins) except with your consent.

11.10.2 Where it is necessary to obtain sensitive information in order to provide products and services in a specific language, the Company will take all reasonable steps to ensure that this information is used solely for the purposes of providing, improving and enhancing those services.

11.11 Disclaimer

The Company and this Privacy Policy may be subject to applicable legislation, regulations and codes of practice. To the extent that this Policy exceeds the minimum obligations of the Company under the Commonwealth and State legislation, this Policy serves as a documentation of our voluntarily self-imposed standards. While we are determined to meet those standards as best we can, to the extent permitted by law, the Company is not liable if it does not adhere to any of these standards, for any loss, liability, costs, expense or damage arising as a result of the Company failing to meet any of the voluntarily self-imposed standards in this Policy.

12. Miscellaneous

12.1 The Company may transfer or assign its rights and obligations under the Contract to any other person or company. The Company will notify the Subscriber of any such transfer or assignment.

12.2 The Contract contains the whole agreement between The Company and the Subscriber with regard to subscription to the Service. The Contract can only be amended as set out in the Contract.

12.3 Any provision of the Contract which is illegal, void or unenforceable will be ineffective to the extent only of that illegality, voidness or unenforceability without invalidating the remaining provisions.

12.4 The Contract will be governed by the laws of Fiji.

13. Definitions and Interpretation

"Activation Date" means the date on which the Company first activates the Service or the date of reactivation.

"Additional Fees" means those additional fees as indicated in the Schedule.

"Approved Method" means any method of payment approved by the Company at the Date of Contract.

“Company” means Pacific Broadcasting Services Limited

"Contract" means these Terms and Conditions, the Schedule and the direct debit authority form (if applicable).

"Date of Contract" means the date on which the Contract is signed.

"DTH" means Direct to Home satellite Pay TV facilities for low rise buildings including houses.

"Door to Door Sales Legislation" means any door to door sales, trading, fair trading or consumer
affairs legislation or regulations of Fiji.

“Equipment” means, in the case of the Service provided by:

(a) DTH: the digital receiver, cabling from the wall plate to the digital receiver and from the digital receiver to the Subscriber's television or video equipment and the satellite dish including associated mounting hardware and electronics; and nics.

"Payment" does not occur until the actual funds have been credited as cleared funds to the
Company’s bank account and "paid" has the same meaning.

"Premises" means the premises to which the Service will be provided by the Company.

"Reactivation Fee" means a fee which may be charged if the Service has been deactivated due to non payment.

"Schedule" means the schedule to be signed by the Subscriber confirming acceptance of these Terms and Conditions.

"Service" means each and all of the subscription services selected by the Subscriber on the Schedule and any other subscription services which the Subscriber may by written agreement, take from time to time and includes all subscription services provided by the Company to the
Subscriber at any time.

"Subscriber" means the subscriber as identified in the Schedule and where applicable the Subscriber's successors or permitted assignees.

"Subscription Fee" means the monthly fee for the Service so described in the Schedule and any fee for additional subscription services which the Subscriber may take from time to time.

"Term" means the term specified in the Schedule.

Words in the singular include the plural and vice versa; words importing any gender include all genders and words importing persons include companies and vice versa.