Our services to our Customers and Subscribers are governed by these Terms and Conditions (“Terms”) as located on the website of KCS at www.dabbah.pk (“Website”). The Terms govern the relationship between KCS and the Customer/Subscriber (“you” or “Subscriber”) with respect to subscription of cable television services through digital addressable system (“Services”). The Subscriber is required to confirm its acceptance to all the Terms by subscribing to and using the KCS Services.
The Terms governing the Services as mentioned above are as follows:
Unless the context otherwise requires, the following words and expressions shall have the following meanings:
(a) “Hardware” means the hardware including the Set-Top Box provided by KCS;
(b) “KCS” means Karachi Cable Services
(c) “Security Deposit” means the interest-free security deposit amount deposited by the Subscriber with KCS as security for the or STB under the rental or hire purchase scheme;
(d) “Services” means cable television services provided by KCS through Digital Addressable System (“DAS”)
(e) “STB” means set-top box provided by KCS to the Subscribers
(f) “Smart Card” means the card provided by KCS, to be inserted only inside STB, for activation and also for access of service; and
(g) “Subscriber or You” means the person who subscribes to the cable television services providedthrough DAS.
(h) “Subscription Form” means the form that the Subscriber shall fill, sign and submit to KCS at the time of getting Subscription.
2.1 Subject to the Terms and the applicable law, KCS agrees to provide to the Subscriber its Services through STBwith effect from the date of activation of the STB which the Subscriber hereby unconditionally accepts and undertakes to abide. KCS reserves the right to reject any subscription without assigning any reason for such rejection.
2.2 The Subscriber shall ensure that the information submitted by the Subscriber in the Subscription Form is complete and accurate in all respects and the Subscriber, hereby, undertakes to immediately notify KCS of any change thereto. The Subscriber shall submit duly filled Subscription Form along with any other relevant document(s) that the KCS may require from the Subscriber for verification and identification purpose. In case if the Subscriber fails to provide completely filled Subscription Form as well as the prescribed documents, the Application for Subscription shall be treated as incomplete and null and void. All incomplete Subscription Forms shall be rejected and the deficiencies shall be informed to the Subscriber accordingly.
2.3 In case if it is technically or operationally non-feasible to provide connection, reconnection, shifting of service or supply of STB at the location where the services are requested by the Subscriber, KCS may inform the Applicant regarding its decision for provision of Services.
2.4 The Subscriber has the option of obtaining the STB through any of the following schemes / packages offered by KCS:
(i) upon total upfront payment for STB; or
(ii) upon monthly installments of 10months covering total payment for STB plus monthly subscription.
KCS shall remain and continue to remain the sole and absolute owner of the STB even after termination of the Services and the STB shall be returned to KCS.
2.5 The Subscriber shall have the option to select packages or channels on a-la-carte basis by selecting the same on the Subscription Form or may be communicated to KCS in a manner notified by KCS from time to time. The Subscriber shall select / indicate the payment methodology and the payment term on the Subscription Form along with the STB details where the Subscriber wants these channels to be activated. Upon receipt of a fully filled and correct Subscription Form, the channels selected by the Subscriber shall be activated within 48 hours of its receipt.
2.6 Each STB comes with a 6 months warranty. The warranty would be applicable only on the STB. There is no warranty applicable on the accessories like the adapter and the remote control. During the warranty period no repair and maintenance charges would be payable, provided the STB has been used in normal working conditions and is not tampered with. During the warranty period, the STBwill be repaired or replaced, as the KCS technician may decide within 7 days of receipt of the complaint. After the expiry of the warranty period, the Subscriber shall pay the cost of repair or replacement of the STB.
2.7 In case of STB malfunction, the KCS will repair the STB within 7 days of receipt of complaint. The repair charges will be payable by the Subscriber if the STB is out of warranty period.
2.8 The Subscriber is required to immediately inform KCS about loss of Hardware and KCS may charge the Subscriber for damages and/or administrative costs for providing replacement Hardware equipment. Any damages or defect to Hardware arising out of misuse or intentional or accidental damage or Force Majeure event shall be charged to the Subscriber’s account. The warranty and maintenance of the Hardware during the period of six (06) months from the date of installation shall not cover any defect or damage arising out of following events:
(i) If the Hardware equipment is repaired by any unauthorized personnel/agencies for installation or for any other purpose;
(ii) If modification or alteration of any nature is made in the circuitry of the Hardware;
(iii) Defects caused by improper or reckless use;
(iv) Damages to Hardware equipment due to Force Majeure event;
(v) Water spillage or liquid contamination of STB or Remote Control Unit;
(vi) Any damage due to external circumstances;
(vii) Excessive corrosion or damage caused by liquids or chemicals;
(viii) PCB burnouts due to power surge/high voltage;
(ix) Intentional or accidental damage to Hardware equipment by any person;
(x) Defects or faults arising out of misuse or abuse of Hardware equipment or tampering or modification or alteration or addition or improper use or unauthorized use of the Hardware equipment or defect arising out of use contrary to user manual or any documents provided by KCS;
(xi) Multiple front switch breakage of STB due to handling;
(xii) If Hardware equipment is exposed to adverse environmental conditions, including but not limited to exercise moisture or temperature; and
(xiii) If the serial number or any other label on the Hardware equipment has been removed, defaced or altered.
2.9 The composition of channels in any package that the Subscriber has availed shall not be altered for a period of six (06) months from the date of Subscription. Should there be a change in the same due to any channel becoming unavailable on KCS network, or any other technical or operational reason, an alternative channel from that genre & language will be provided.
2.10 The Subscriber agrees to and shall allow the authorized representatives of KCS to enter upon the installation address for inspection, installation, removal, replacement and repossession of the STB and related Hardware, Posts and Cable Television Network under the Terms hereof. This clause shall survive the termination of the Services until all the outstanding dues and charges are paid by the Subscriber to KCS and the STB and all related accessories are returned to KCS in satisfactory working condition.
2.11 The Subscriber understands and agrees that the Services provided by KCS shall only be for personal viewing of the Subscriber(s) and for his/her family members. The Subscriber undertakes not to relay, transmit or redistribute the signals/service to any person or connect to any other device for any redistribution purpose. The Subscriber shall not sub-license or assign the Services provided by KCS to any person or use the same for any unauthorized purpose.
2.12 The Subscriber shall not allow public viewing or exploit the same for commercial benefit or otherwise.
2.13 The Subscriber agrees that breach of the these provisions under Clause 2 will result in immediate termination of the Services without any further notice as well as confiscation of the STB whereby the Subscriber shall also be liable to pay appropriate damages to KCS.
2.14 The Subscriber acknowledges that Services are being provided to the Subscriber by KCS to avail and view the channels for one (01) television set only and that the Subscriber fully understands and accepts that any unauthorized relay or retransmission of the signals will constitute infringement of copyright of the content providers/owners/licensors thereof and will, in addition to the termination of service, attract civil and/or criminal liability under the law.
2.15 The Subscriber agrees and undertakes that the Subscriber shall not use or cause to be used the Service provided by KCS with any other STB or device not approved/authorized by KCS. The Subscriber shall ensure the safety and security of the STB and related Hardware from unauthorized use, theft, misuse, damages, loss etc.
2.16 The Subscriber undertakes and covenants that he shall not, either directly or indirectly, allow any other person to modify, misuse or tamper with the STB and related Hardware and Software or to add or remove any seal, brand, logo, information, etc. which affects or may affect the integrity/ functionality /identity of the Hardware or otherwise remove or replace any part thereof; norshall the Subscriber use before or after the STB any decoding and recording device.
2.17 The Subscriber undertakes not to do or omit to do or allow any act or thing to be done or omitted as a result of which the right of KCS in relation to the Services and/or Hardware or (ii) of the channel providers, Broadcasters, distributors etc., in relation to any channel, may become restricted, extinguished or otherwise prejudiced thereby, or they or any of them may be held or alleged to be in breach of their obligation under any agreement to which they are party or otherwise are so bound or under applicable law.
2.18 KCS shall not disconnect its Services unless it has given a seven(7) days notice to the Subscriber. However, this will not apply if the Subscriber is found to be acting in breach of the Terms or engaging in piracy.
2.19 The Subscriber shall, under no circumstances or in any manner, hypothecate, transfer or create or suffer any charge, lien, encumbrance or any onerous liability in respect of the Hardware, which is not owned by the Subscriber.
2.16 The Subscriber undertakes and covenants that he shall not, either directly or indirectly, allow any other person to modify, misuse or tamper with the STB and related Hardware and Software or to add or remove any seal, brand, logo, information, etc. which affects or may affect the integrity/ functionality /identity of the Hardware or otherwise remove or replace any part thereof; norshall the Subscriber use before or after the STB any decoding and recording device.
2.20 The provision of Services to commercial establishments will be governed by separate terms, conditions and tariffs as laid down by KCS 1from time to time.
3.1 Installation of STB may be done by KCS at a mutually convenient time. The Subscriber, before the scheduled date and time of installation, shall be required to obtain necessary permission/s and/or authorization required for installation including (but not limited to) necessary access to third party property or common areas.
3.2 KCS or its agents shall not be liable for breach of peace or loss or damage to any property of any person or injury or death to any third party or to any person because of any dispute during installation between such parties.
3.3 The Subscriber confirms and warrants that:-
(a) The STB provided by KCS shall be used as per the user manual and only for viewing as per authorization given by KCS;
(b) Possession of STB shall not confer any right to receive the service;
(c) Services shall be provided through STB only and it shall not be used with any other device or Set-Top-Box;
(d) Use of STB contrary to the terms and conditions shall entail deactivation of service and/or termination of the relationship by KCS;
(e) STBis non-transferable without the written permission of KCS;
4.1 The Services of KCS provided to the Subscriber herein should be used only for domestic purposes and it should not be used for commercial purpose or received by any commercial establishment. The services shall not be used by the Subscriber or anyone on his behalf in a place open to general public or accessed in a public place. The Services of KCS shall not be accessed outside the installation address and the installation address can be only in Pakistan.
4.2 KCS or its employees or its authorized agent(s)shall be entitled to enter and inspect the installation address of the Subscriber, where the Services are being provided, to ensure that the Subscriber is not violating the Terms contained herein and also to ensure that there is no violation of its/any third parties’ Intellectual Property Rights (IPR). In case on such inspection it is found that the Subscriber is indulging in any act or omission which amounts to violation of the Terms contained herein or IPR, KCS or its employees or agent(s) shall be entitled to take photograph or video-graph of such violation or may take any other appropriate measure necessary for recording such violation.
4.3 KCS may, on its sole discretion, create various package(s) or bouquets of channels. The Subscriber may select one or more packages offered by KCS. The Subscriber must at least select / opt for one basic package per STB to receive the service of KCS. The Subscriber confirms that KCS reserves the right to change, modify, amend, add or withdraw any package/s or any channel/s forming part of any package at any time as per law. KCS also reserves the right to revise the rates of any package after informing the Subscriber and the Subscriber shall pay the revised rates on intimation of such revision.
4.4 The Subscriber is aware of the fact that television channels are procured from third parties and it is beyond the control of KCS. KCS does not assure continued availability of any channel(s) or package(s). Due to any circumstance(s) beyond the control of KCS, KCS may have to withdraw any channel(s) from any package or the entire package(s) without incurring any liability towards the Subscriber. In the unlikely event of any channel being withdrawn or the entire package/s is/are dropped from the existing subscribed package(s), the Subscriber will be offered a new package(s) at the same rate.
4.5 KCS may at any time with or without notice, and without incurring any liability, withdraw any channel or content of any channel(s) or programme(s) any package or the entire service in the interest of national security; or in public interest; or if required by law or any regulator such as the Pakistan Electronic Media Regulatory Authority (PEMRA); or if the content affects the sentiments of any religion or caste or sect, or is obscene, offensive or defamatory or enrages the public sentiment or constitutes an unfair trade practice or violates any other legislation or policy for the time being in force or is made to give negative publicity of KCS or any other product.
5.1 The billing will be on a calendar month basis. The Subscribers shall bear all taxes in relation to the Hardware and Services. The Subscriber shall ensure prompt payment of all the bills within 10 days of the bill date (the “due date”). All payments (in respect of both the STB and the Services) shall be made to KCS directly. Any payment made after the due date will attract simple interest @12% per annum on pro rata basis for the number of days delayed.
6.1 The Terms will be effective from the date of installation of the Hardware at the location requested by the Subscriber and shall remain in full force and effect unless terminated hereunder.
6.2 If the Subscriber chooses to relocate, the Subscriber shall submit its application in advance either to KCS. After verification and settlement of the outstanding dues, if any, and subject to any applicableinstallation fee/charges,KCS would provide the services at the desired location. In case, if in the sole opinion of KCS, provision of Services at such new location is not technically or operationally feasible, KCS will inform the Subscriber accordingly and direct him to surrender / deposit the STB with KCS.
6.3 Any request for addition of channel/package will, by default, be done from the next billing cycle, unless demanded as an immediate request. Disconnection of a channel/package is possible only on a calendar month basis or on expiry of the term of the contracted package, whichever is applicable.
6.4 Notwithstanding the aforesaid, the Services shall be liable to be terminated or suspended at the sole option of KCS either wholly or partly, upon occurrence of any of the following events i.e.
(a) if the Subscriber commits a payment default;
(b) in case of breach by the Subscriber of these Terms;
(c) if the Subscriber is declared bankrupt, or insolvency proceedings have been initiated against the Subscriber;
(d) in order to comply with the applicable laws;
6.5 In the event of suspension/termination, the Subscriber will be liable to pay forthwith up to the last day of the month of suspension/termination and to return forthwith the STB, in working condition.
6.6 The Services may be restored upon receipt of all the dues, advance subscription or deposit, reconnection charges (if payable) and any other amount payable under the Terms and on such other terms and conditions as may be in force. If the service was suspended due to the Subscriber's default, the Subscriber shall also pay the amount for the disconnected period as if the service had continued.
6.7 Any termination of the Terms shall be without prejudice to any rights and obligations of the parties accrued or incurred prior to the date of such termination. The termination of the Terms for whatsoever reasons will be without prejudice to the right of either party against the others then accruing or accrued in respect of the event giving rise to such termination or otherwise under these Terms.
6.8 KCS may terminate the relationship and forfeit the balance amount, if any amount is lying in the Subscriber account and deactivate the service on the following events:
(i) If the Subscriber contravenes the terms and conditions contained herein;
(ii) If the Subscriber has acted in a manner that is inappropriate;
(iii) If the Subscriber illegally copies the content, retransmits or redistributes the service or transmit the service and/or recording made through STBin an unauthorized manner or otherwise allow the interception of the service and/or recording made through STB by any equipment which will allow for its distribution from the installation address to any neighboring premises, cable operator or any other person or entity;
(iv) If the Subscriber charges any person for viewing any programme or content; or
(v) If the Subscriber permits the general public to view the channels with/without any charges; or
(vi) If the Hardware equipment is found in possession of any third party; or
6.9 KCS in no case shall be liable to the Subscriber for taking any bonafide action, including but not limited to disconnection of service to protect its intellectual Property Rights (IPR) or such rights of the content providers or any other person, whose interest it is bound to protect by virtue of contractual obligations or by law and KCS will incur no liability even if the information on the strength of which it has taken any action is later discovered to be unfounded or false.
7.1 KCS shall makereasonable efforts to render uninterrupted cable service to the Subscriber, however, in this regard KCS makes no representation or warranty other than those set forth in these Terms and hereby expressly renounce all other warranties express or implied, including but not limited to any implied warranty or merchantability or fitness for particular purpose. If at any time, during the active Subscription period, the services is interrupted, discontinued either whole or in part, by reason of war, warlike situation, civil commotion, theft, willful destruction, terrorist attack, sabotage, fire, flood, earthquake, riots, explosion, epidemic, quarantine, strikes, lock out, compliance with any acts or directions of any judicial, statutory or regulatory authority or any others Acts of God, or if any or more channels are discontinued due to any technical or system failure at any stage or for any other reasons beyond the reasonable control of KCS then in that case, the Subscriber will not have any claim for any deficiency in Services or loss or damages against KCS.
8.1 Notwithstanding anything contained herein or any other documents, the liability of KCS to the Subscriber for any direct damages shall not exceed that last one (01) month’s payment made by the Subscriber to KCS for availing the Services.
9.1 The Subscriber shall indemnify KCS, its promoters, officers, directors, employees, agents, representatives (“Indemnified Persons”) and hold them harmless and keep them at all times fully indemnified from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including reimbursement of any loss suffered by them and their legal costs), awards, damages, losses and/or expenses arising directly or indirectly as a result of
(i) any breach or non-observance by the Subscriber of any of their undertakings, warranties or obligations under the Terms; and
(ii) claims, losses and liabilities on the Indemnified Persons from any government authorities or other third parties, that arise due to breach of covenants and obligations by, and other acts and omissions of the Subscribers;
(iii) to misuse or abuse of the Hardware equipment or any equipment installed at the premises of Subscriber or misuse of service or any loss or damage suffered or incurred by KCS on account of breach of the Term contained herein.
10.1 Notice at the installation address shall be deemed to be sufficient and binding on the Subscriber. The Subscriber shall give all notices and communications to KCS in writing by speed post/courier / Registered AD.
11.1 Any dispute between the parties hereto arising out of or in relation to the Terms and conditions shall be finally settled by arbitration by a sole arbitrator to be appointed by KCS under the Arbitration Act 1940. The seat of arbitration shall be Karachi, Pakistan. Moreover, subject to above, the courts at Karachi, Sindh shall have the exclusive jurisdiction.
12.1 KCS reserves the right to amend the Terms at any time without notifying the Subscriber. The revised terms and conditions shall be uploaded on the KCS’s website. If any of the provisions of the Terms becomes or is declared illegal, invalid or unenforceable for any reason, the other provisions shall remain in fullforce and effect and no failure or delay to exercise any right or remedy hereunder shall be construed or operate as a waiver thereof. Terms may be amended from time to time and shall be binding on all.