PURCHASE TERMS

TERMS AND CONDITIONS

FOR PROVIDING NETTV PLUS SERVICE


Welcome!

NetTV Plus is a subscription - based service which provides Subscribers with the access to the NetTV Plus portal and/or apps for viewing multimedia via the Internet.

Before placing any order and/or access to the service, you agree that you read, understood and accepted these General Conditions concerning purchase of subscription, equipment and using the “NetTV Plus” services offered by Solford Trading Ltd, 3105 Limassol, Cyprus, registered under EU VAT number CY10305830J (hereinafter NetTV Plus).

These General Conditions regulate contractual relations between NetTV Plus and you as a Subscriber and mutual rights and obligations regarding providing services of NetTV Plus, thus we kindly ask you to read them carefully.

Subsequent alterations of General Conditions shall be timely (no later than 30 days ahead) published on nettvplus.com website. If alterations significantly change the conditions under which the subscription was initiated in a manner materially unfavorable for the Subscriber, the Subscriber may send complaint before the start of conditions implementation and in that case alterations of conditions shall not be implemented to the remainder of the paid subscription period. By continual use of service after alterations come into effect the Subscriber is deemed to consent with the said alterations. Alterations that are solely for the benefit of the Subscriber shall be implemented without delay and in that case the conditions from the previous Paragraph do not apply.

Description of the service
Article 1

The NetTV Plus service means the access to the web portal/apps for following contents in digital format, via NetTV digital receiver or other potential methods of transfer on supported devices, all in accordance with the offer that is always available on the website www.nettvplus.com (hereinafter the Website) and applies to the certain territory.

Using the NetTV Plus service is enabled to the Subscriber who has technical conditions for the NetTV Plus service and who, during the use of the service, provides the permanent bandwidth greater than 5 Mb/s through their Internet provider, as well as modem/rooter with a free LAN port.

NetTV Plus is legally and contractually independent from relations between the Subscriber and their Internet provider. NetTV Plus shall not be responsible in any circumstances for any conditions imposed by such Internet provider (including provisions, prices and any other conditions of provided Internet services).

Subscription relation is entered into by successful filling in the shopping form through the Website and by accepting General Conditions in the process of online shopping.

The interested party may pay subscription and become the Subscriber in the business premises of the authorized partners and distributors, as well as through the authorized persons (partners, acquisition agents and other authorized persons), and through the NetTV Plus Contact Center as well.

The NetTV Plus service is available in supported countries in different language versions only to adult persons with residence in these territories and for their own needs and in non-commercial purposes. Payment cannot be performed and the service cannot be used in the territories where the Service is not available.

Packages
Article 2

Offer of the NetTV Plus service consists of various Subscription Plans within which certain digital program contents and combinations of advanced services/functionalities are located, which is specified in the offer on the Website’s shopping page. The Subscriber is familiar with te fact that the Service price and value date may vary from one territory to another and depending on applicable taxes.

The main three Subscription Plans are: Basic, Standard and Premium.

Each of the aforementioned Subscription Plans, along with all the other Subscription Plans and discount offers that are offered or shall be offered by NetTV Plus, enable the Subscriber to follow the program content during subscription pursuant to these General Conditions:

  • Through supported devices pursuant to these General Conditions in the territory where the Subscriber entered into subscription;
  • From whichever territory where the NetTV Plus service is commercially available.

By accepting these General Conditions, each Subscriber is informed that certain elements of the service depend on the territory where they accessed the service, e.g. availability of the program contents. If the Subscriber accesses the service from the territory other than the one where they originally subscribed, the Subscriber shall be automatically connected to the version of the service which is available in the territory from which they access the service, if it is provided in that territory.

NetTV Plus reserves the right to alter program contents, Subscription Plans and the Offer with price list, along with the right to alter the fees stated therein.

Additional packages and additions to subscription

NetTV Plus has a discretion right to occasionally offer the Subscribers additional contents or Subscription Plans according to the sale conditions stated on the Website.

Free trial

Subscription contract may be entered into with free trial period. Free trial period of membership lasts 7 days, unless the registration period is differently specified, and is intended to enable new members and some former members to try the Service before purchase. NetTV Plus has the right to refuse to issue free Service trial if it is established, or there is a reasonable doubt, that the same Subscriber has already used free trial under the same registration information or altered information or registered from the territory where the Service is commercially unavailable.

Alteration of the plan

If the Subscriber opts for any other plan offered during the subscription contract, they are obliged to notify NetTV Plus thereof.

If NetTV Plus receives such notification, the Subscriber shall be enabled to follow the greater selected Subscription Plan as of the additional remainder payment (proportionally under the pro rata principle) for the new selected plan until termination of the current active subscription. In case the alteration to the lower-level plan is selected, the alteration is possible after the termination of the current paid period.

Steps for subscription
Article 3


Step 1 Selection of Subscription Plan

The Subscriber must select the plan which they want to subscribe to, along with the duration of the initial subscription.

Step 2 Personal Information

The Subscriber is obliged to provide all information necessary to process the first order:

  • through the Website: country of residence, valid email address, name and surname, valid phone number, address for the equipment delivery (if it is ordered), valid data for online payment;
  • through partner network: all valid identification data in accordance with rules and regulations for identification of persons on the said market for entering into subscription contracts.

Step 3 Selection of Payment Method

Depending on the territory, the Subscriber selects available method of payment.

Step 4 Validation and Payment

The Subscriber must accept General Conditions by clicking the box field during online shopping or by signing the contract in case of direct shopping through local authorized partner network.

By clicking the option "Pay in Online Store" the Subscriber consents that all data are correct and authorizes NetTV Plus to immediately charge the Service.

If the Subscriber disagrees with any prerequisite, they must not click the corresponding box field or sign subscription contract in case of direct shopping, so that the validation process cannot be finished and sale cannot be performed.

In case of paying with credit card through the Website, the Subscriber must insert valid payment data to the certified provider of online charge services through which NetTV Plus performs this method of charging. In order to complete the transaction, the Subscriber may also be obliged to enter the data for 3D Secure System (such as "Verified by Visa", "Mastercard Securecode" etc.). Transaction costs of the bank or the payment service provider may be charged to the Subscriber in case these are highlighted during purchase.

The Subscriber is familiar with the fact that NetTV Plus does not reserve sensitive data on the entered credit cards, but forwards them securely to its certified provider of online charge services.

Step 5 Access to the Service

After validation of the payment by NetTV Plus, the Subscriber is enabled to access the Service in accordance with the selected Subscriber Plan through the desired device or apps.

Access to the Service is performed with activation of device by NetTV Plus or in other manner (independently through the user name and password or through single-use time code) if such sort of access is established.

The Subscriber is notified and accepts that the subscription is based on the fixed tariff for the selected period, thus the entire amount of the subscription shall be used regardless of whether and how many times they access the Service itself. The proportional subscription amount refund is therefore impossible.

Additionally, considering the nature of the service provided, (i.e. that NetTV Plus starts to provide the service immediately after the payment and/or the activation of the first device and thus before the end of any period of withdrawal/return to which the Subscriber may otherwise be entitled to) the Subscribers expressly consent that they have no right to waiver the Service 14 days since the day of delivery of the Service, which is stipulated by the Directive 2011/83/EU of the European Parliament for consumer rights which are not applicable to such service provided. This exception is in accordance with the Article 16 of this Directive, specifying exceptions from the right to waiver.

Equipment and Activation
Article 4

In accordance with the General Conditions, the Subscriber acquires the possibility to purchase or receive digital receiver to use per price valid on the Website under standard conditions or discounted offer.

In case of ordering the first digital receiver, the Subscriber pays a one-time activation. Activation is not returned to the user in case of waiver of the equipment purchase.

The Subscriber may return the digital receiver if not satisfied no later than fourteen (14) days in case of distance purchase. On that occasion, the purchase price of receiver is refunded to them, as well as the standard price of postage (not express postage). Potential extra costs during delivery of receiver (customs) are borne by the Subscriber.

In case of waiver of receiver purchase, money refund shall be performed without delay, no later than 145 days since the date of returning the digital receiver. NetTV Plus shall perform the refund by using the same payment method which was used during the ordering, unless otherwise agreed or impossible.

If digital receiver purchase is cancelled within 14 days, the Subscriber is obliged to return the goods, without unnecessary delays, using one of the delivery methods (personally or by post to the address from where the receiver was delivered). The Subscriber should take care of the safety of the goods during the return. NetTV Plus reserves the right to reduce the amount of refund for any loss of value as a result of unnecessary or negligent operation by the Subscriber.

The digital receiver guarantee is 2 (two) years since the purchase, while the guarantee for the accessories (remote adapter, power adapter etc.) is 6 (six) months since the purchase date.

NetTV Plus is obliged to remove all failures on the equipment through an authorized local partner, except those that occur due to negligence or deliberate action of the Subscriber (physical breakage, fall, opening, software alteration etc.). Digital receiver that is out of order due to manufacturing defect or damage during transport shall be repaired or replaced free of charge with a similar or new receiver.

In case of malfunction, NetTV Plus establishes the method and procedures of reporting on and removing the malfunction or device replacement, through an authorized partner. If the Subscriber is responsible for damage or malfunction, the Subscriber is obliged to pay the compensation for the new receiver according to the valid price list. The deadline for the servicing of the receiver is no later than 30 days, and during the servicing the Subscriber has an option to follow the subscription on other devices/apps. Before sending the receiver to servicing it is recommended to contact the local Call Center in order to open the servicing sheet. Delivery of digital receiver to the service center is paid by the Subscriber, while in case of unjustified complaint they also pay the costs of the receiver return.

Devices
Article 5

The Subscriber may register no more than six compatible devices to their account, authorized solely for one household (which includes family members living at the same location). Of six registered devices, the Subscriber may follow the Service on 1, 2 or 4 devices at the same time, depending on the active Subscription Plan. The Subscriber may alter the registered devices for limited number of times (usually one device during a month).

The Subscriber is also aware that, if they cross the limit for simultaneous watching (depending on the package), the previously started session shall be automatically aborted.

Services and contents available on each device may vary. Information on which devices are compatible with NetTV Plus apps and on types of limitations are always available on the Website in the TV or Help sections.

The Subscriber must make sure that devices satisfy minimal hardware, system and software requirements, as specified on the Website and updated occasionally.

It is important to note that content from the activated device must not be transferred, nor should you try to access the Service or content through any media or device, except the compatible and registered device in the manner that is expressly allowed by these General Conditions.

Manufacturer of the device or operating system may occasionally introduce alterations which limit the use of NetTV Plus Service on that device. If that happens we shall try to notify you of these alterations in advance, but we have no control over manufacturers and it may not always be possible.

For safety reasons and protection of our partners’ rights, the app cannot be installed on the device where limitations included in the operating system are removed or may be manipulated ("Jailbraking").

As the account owner, the Subscriber is liable for safety and adequate use of their activated devices. If you know or suspect that your account is used by third parties, or you doubt or become aware of any other violation of safety, you must inform us immediately, and you must also make sure such devices are blocked as soon as possible. If we believe that violations of safety occurred, or checking establishes that violations of safety occurred or will occur, we may suspend your account and none of the activated devices would be able to use any part of the Service. NetTV Plus reserves the right to request additional verification or documentation from subscriber in the case of connecting additional STB or SmartTV applications with one account.

Termination of the Contract
Article 6


Cancellation by NetTV Plus

NetTV Plus may cancel the relation with the Subscriber (or any part thereof) at any moment. If NetTV Plus cancels the Contract with the Subscriber (or any part thereof) after the Subscriber paid the subscription for the service use, the Subscriber shall have the access to the services for the rest of the paid period.

In any case, NetTV Plus may immediately intermit or limit the service use by the Subscriber or any other part of services and/or contents without refund or compensation if:

  • If the Subscriber enables other persons to unauthorizedly use the services/equipment;
  • If the Subscriber uses receiver in public places or in outdoor venue available to audience, records, multiplies, charges, publicly displays or in any other manner distributes the program package/s;
  • If the Subscriber causes disturbances on the network or impedes NetTV Plus in service providing;
  • If the Subscriber fraudulently uses the Service/s;
  • If the Subscriber violates the right to industrial or intellectual property of NetTV Plus, the program owner or third parties, and also if the Subscriber violates the provisions of these General Conditions in the part regarding the breach of copyright and other related rights;
  • If NetTV Plus terminates Service/s providing.

Cancellation by the Subscriber

If the Subscriber cancels, i.e. terminates the Contract during use or the period included in the special promotion offers by NetTV Plus, the Subscriber is no longer qualified to any discount they had when entering into the Contract and are obliged to pay the remainder to NetTV Plus for the received discount relative to standard package prices or the equipment price. In that case, access to the Service shall be available until termination of the current paid subscription. Cancellation by the Subscriber may be performed through email or letter.

Disclaimer
Article 7

The access to the Service is continually ensured during the user’s subscription, with an exception of periodical planed maintenance and repair, server update or extraordinary breakages.

In accordance with the law, NetTV Plus is liable for: alteration, disorder, or definitive or temporary breakage or any delay in signal distribution; each signal reception difficulty related to the place and conditions of reception, except in case of inadequate equipment of the Subscriber, non-security by the Subscriber, i.e. the Internet provider of the Subscriber of the bandwidth greater than the minimal 5 Mb/s, alteration or breakage occurring due to problems with the Internet provider of the Subscriber, some administrative, judicial or legal decisions concerning NetTV Plus, poor installation by the Subscriber or unauthorized service of the equipment or poor use thereof by the subscriber contrary to the provisions of these General Conditions.

NetTV Plus is not deemed liable for delay or non-performance of its obligations taken by subscription contract and these General Conditions arising from force majeure, as well as from the events of omissions or accidents outside reasonable control including, but not limited to, fire, earthquake, flood, storm, demolition of goods that NetTV Plus could not prevent, war (whether declared or undeclared), state of emergency, armed conflict, terrorism, riot, civil unrest, blockade, embargo, acts of the state organs, sabotage, strike, natural disasters, work stoppage, general danger, power failure, quarantine, pollution, external transmission influences.

Due to technical features of the Internet, users expressly admit that they might face problems and/or failures during connecting/communication with the service in spite of the declared speed of their Internet connection or previously performed speed tests.

NetTV Plus shall not be liable for content of the programs broadcasted within program packages on which the Subscriber is subscribed, nor for censoring certain program contents. NetTV Plus does not guarantee the Subscriber that the program’s owner shall not terminate the program broadcasting, nor that the Service accessing the service is without errors. NetTV Plus shall not be liable for damage or breach of rights suffered by other Subscriber or any other third party or the Subscriber itself due to the abuse by the Subscriber. The Subscriber shall be liable to NetTV Plus, other Subscriber and any third party which suffers damage due to abuse by the Subscriber during using the NetTV Plus services. As such, the Subscriber accepts that some of the channels may be aborted during certain programs or shall not be available, and such aborts and/or availability of channels does not entitle the user to any right to refund or compensation.

Subscribers Data
Article 8

The Subscriber is obliged to submit complete and correct data, including name and surname, address, phone number and in case of alterations of these data to immediately notify NetTV Plus thereof.

NetTV Plus shall collect, keep, i.e. in other manner process all data on the Subscriber, listed i.e. included during subscription registration, along with other forms, to the extent in which it is necessary to implement this Contract.

By accepting the General Conditions, the Subscriber issued a statement that they are familiar with the purpose of data processing and gave their consent and accepted that, concerning the Subscriber data, NetTV Plus may:

  • use the data for the purpose of keeping records regarding implementation of the Contract and for market research purposes, to the extent necessary to accomplish this purpose, regardless of the manner of the program reception;
  • use the data for the purpose of survey on offer and quality of services with their Subscribers;
  • use the email of the Subscriber to send necessary information regarding the Services;
  • enable the final right holders insight in case the Subscriber receives the program through the Internet, without data transmission to the final right holders and to the extent in which it is necessary for the purpose of record keeping with the aim of fulfilling contractual obligations between NetTV Plus and the right holder;
  • in case of failure to entirely and precisely fulfill obligations according to this Contract, NetTV Plus may concede data on the Subscriber to the third party for the purpose of debt collection, i.e. for the purpose of fulfilling other undertaken obligation of the Subscriber according to this Contract, as well as for the purpose of reviewing credit standing of the Subscriber.

The Subscriber may request that personal data that are not used after the termination of the subscription contract be blocked or deleted, unless there is other reason for storing these data. Call center phone calls with the services users may be recorded and stored by NetTV Plus no longer than a year. If the Subscriber orders goods or services from NetTV Plus, data may be transferred to deliverer of goods or payment service provider.

Copyright
Article 9

All NetTV Plus Service programs are protected by copyright and other related rights, thus each recording, publishing, distributing or any other use of the program for any purpose other than personal home use of the Subscriber is prohibited.

It is not allowed to distribute signal and programs from the offer indoor or outdoor venue available to audience. The Subscriber is obliged not to use the programs included in subscription Contract and offer with price list, in any manner, directly or indirectly, and particularly not to sell, charge or distribute signals of these programs and channels. In case the Subscriber violates this prohibition, NetTV Plus has the right to charge from the Subscriber any damage for each such individual case of further distribution regardless of technology for distribution, i.e. for each individual commercial exploitation of the program, and NetTV Plus shall unilaterally terminate subscription Contract and request the Subscriber to reimburse each damage, direct or indirect, which arises from such exploitation of the program.

Reimbursing damage to NetTV Plus does not exempt the Subscriber from liability toward the program owner, as well as toward the holders of intellectual property, copyright and other related rights in case of public presentation, recording or similar unlawful exploitation of receiver or apps.

The Subscriber is obliged to use the Service with respect for intellectual and other related rights of NetTV Plus, the program owner or third parties. Each unauthorized use of any text, picture, sound, video clip or information that are put at the Subscriber’s disposal is prohibited.

The Subscriber shall be accountable for every violation of the right to industrial or intellectual property of NetTV Plus, owner of the program or the third parties, along with any other impermissible behavior, thus the Subscriber is obliged to free and protect NetTV Plus from any harmful consequences that may arise by violation of the aforesaid rights and impermissible behavior of the Subscriber.

The Subscriber is particularly obliged to disable children and young people, above all members of their family, the access to program contents that may be detrimental to morals, physical or psychological development of children and young people.

User Support
Article 10

The Subscriber may find detailed information on the NetTV Plus Service and features of the Service and offer on the Website in the Help section or may obtain it by calling some of the user support phone numbers.

In some cases user support may use remote tools for the access to the Subscriber’s computer, with consent of the Subscriber, for easier support and help.

In case of discrepancy between these General Conditions and information provided by user support or the authorized partner and part of the Website, these General Conditions shall prevail.

Subscription Bills Delivery Method
Article 11

By this Contract the Subscriber confirms and accepts, depending on payment method, to receive subscription bills directly on selling place, by post or email upon request of the Subscriber, and is notified of the subscription termination by phone, email and the very devices on which they follow the program.

The Subscriber is obliged to timely notify NetTV Plus of change of data for the country of residence, along with change of their valid email address and mobile or landline phone. NetTV Plus shall start to use new data for charge and notifications within 14 days since the day of notification reception. NetTV Plus shall not be liable for cessation of subscription or failure to send notification of termination thereof, if the Subscriber did not timely notify them of the change of aforesaid data.

Objection of the Subscriber and Disputes Settlement
Article 12

For all information, complaints or questions regarding use of NetTV Plus service, the Subscriber should contact the user service through email or calling one of contact phone numbers.

NetTV Plus shall make maximum efforts to respond to the Subscriber’s complaints, information requests and questions within a reasonable deadline.

The Subscriber is aware and acknowledges that, in case of technical failure regarding their device and activated accessories, in no way can such technical failure be ascribed to NetTV Plus and thus under no circumstances can they extort money refund.

NetTV Plus shall not be liable for damage if the Subscriber files a complaint for the service provided, i.e. the quality of the service provided, if the quality of the service provided is lower than the prescribed or agreed one due to objective causes which could not have been anticipated, avoided, i.e. removed (force majeure), as well as due to timely announced works on maintenance of networks and services in deadlines appropriate for the circumstances.

The Parties to the Contract shall settle all potential disputes or misunderstandings arising from these General Conditions by mutual agreement and in a peaceful manner, otherwise these shall be settled by the court in Cyprus, or one of courts in the territory of the Subscriber’s residence by choice of NetTV Plus.

These General Conditions shall be arranged and construed in accordance with the laws of Cyprus. These General Conditions shall not limit any rights of consumers protection on which you may have the right to, pursuant to the applicable laws in the country of residence of the Subscriber.

Other rights and obligations
Article 13

The Subscriber cannot transfer any of the subscription rights and obligations from the Contract and these General Conditions to the third party without explicit written consent of NetTV Plus.

The Subscriber cannot resell or dispose the NetTV Plus Service to further use.

If any of the provisions of these general Conditions becomes unlawful, invalid or impracticable pursuant to the law, it shall not affect legality, validity and practicability of other provisions and conditions of the Contract and these General Conditions.

These sale conditions do not entitle anybody except the Subscriber and NetTV Plus.

The last update: October 11th, 2016