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  1. Background
    • During the Term, we will provide the Service to you on the terms and conditions set out in this agreement, provided that you pay the Set Top Box (STB) Fee (if applicable) and the Subscription Fee for each month of the term mentioned in the agreement.
    • The government and laws of Nepal govern this agreement.
  2. Internet and Connection Requirements
    • To access Broadtv services, you must have a broadband Internet connection or any means of Internet connection via ethernet cable with the required bandwidth available from Broadlink or any other ISP
    • We are not responsible for the download speeds provided by your ISP. Usage of multiple devices simultaneously on the same IP address can adversely affect the picture quality of the Programs, and we are not responsible for any issues associated with such multiple device use.
    • You can connect the STB to your television using HDMI cable (recommended) or through an AV cable. 
    • You are solely responsible for all costs and functionality of your television.
  3. Services
    1. To sign up to the Services you must be located in Nepal.
    2. To access the Services you must set up an account, provide a valid identification and address during the registration process. You are responsible for safeguarding the password that you use to access any of Broadtv Services.
    3. Sharing of accounts is strictly prohibited. You must not disclose your password to any third party. You are responsible for any use of your account and the Services that have been accessed using your password, whether or not you have authorised such use. You must immediately notify us of any unauthorized use of your account.
    4. We reserve the right to refuse to provide access to the Services to you, or to delete your accounts if we reasonably believe you have appropriated the name, identity, email address or other personally identifiable information of another individual.
    5. The Broadtv services available depend on your Subscription.
    6. It is your responsibility to set up and maintain the parental controls or any other controls that are available under the Service.
    7. If included in your Subscription, you may download the BroadTV App to the maximum number of User Devices permitted in your Subscription. You must provide your own User Device, and are solely responsible for all costs and functionality of your Device. You may access the available Programs on the User Device, while you are located in Nepal and use the other features of the BroadTV App. You may not access Programs on a User Device while you are roaming outside Nepal. To download the BroadTV App, search for “BroadTV” in the Apple App Store or the Google play store. Additional terms and conditions apply for the use of the BroadTV App and you must agree to those terms and conditions before using the BroadTV App. 
    8. Some Programs available through the STB may not be available through the BroadTV App.
    9. Third party software used by us for providing the Services may be subject to end user licences and additional terms as required by the owners of the software. You may be required to agree to such terms before using any part of the Services. 
    10. All customers acknowledge that the billing cycle is from 1st-30/31st of every month as per the English Calender. Thus, All accounts are automatically debited on the 1st of every English month as per relevant monthly charges.
  4. Terms of Use
    1. We grant you a non-exclusive, non-sub licensable, non-transferable, limited right to access and view the Programs and use the Services included in your Subscription by way of the STB or the BroadTV App in accordance with the terms and conditions set out in this Agreement.
    2. The Programs are provided for your private use only. You must not retransmit or communicate the Programs to any other person, or copy any of the Programs.
  5. The programs
    1. The Programs will be provided to you by means of the IPTV service. 
    2. We will use reasonable skill and care in providing the Programs, but may vary the content of any Programs or broadcast times or stop providing any Program without notice where required as a result of a third party’s act or omission. We are not liable for any loss or disappointment you may suffer as a result.
    3. You acknowledge that we are not responsible for determining the content, scheduling and sequence of Programs including, without limitation, any advertisements, promotions or other interstitials or data inserted in such Programs. You are not entitled to make any claim against us in that regard.
    4. We will use all reasonable endeavours to ensure that the Programs are available to you, however we will not, under any circumstances, be liable to you or anyone claiming through you for any unavailability of the Programs or for any breaks or deterioration in the signal quality where same is beyond our reasonable control.
    5. We will handle all enquiries and complaints relating to the Broadtv service or the Programs. Our contact details are on our website broadlink.com.np 
    6. Whenever we provide Services to you, or do anything in connection with your account, we will provide them with reasonable care and skill. We do not represent or guarantee the Services will be uninterrupted or fault free;
    7. We may alter our Services from time to time and will tell you about any such alterations by publishing the change on our website and/or emailing you.
    8. Using our Services does not give you any rights to any part of our Services or any Programs except as set out in this agreement.
  6. STB
    1. If you have requested it as a part of your subscription, we will provide the STB to you and you must install the STB in your home in accordance with the relevant instructions. You are solely responsible for any damage to property as a result of your installation of the STB.
    2. STB once sold cannot be refunded.
    3. Notwithstanding any other provision in this agreement, where you provide and/or use your own or another third party’s equipment, you are solely responsible for the installation permission, installation, inspection, maintenance and removal of such equipment and the proper functioning and tuning of such equipment to enable you to receive the Programs.
  7. Ownership and use of the STB
    1. Once purchased, the ownership of the STB remains with the customer. 
    2. The device(s) warranty* date will start from the invoice purchase date. The warranty covers only the technical failure of the devices and not the physical damages and/or damage caused due to high electricity voltage, natural calamity and/or use of other accessories than that provided by the company. 
    3. The warranty on the devices will be autmatically void if the seal/marking is tempered with.
    4. You must provide a suitable place and conditions for the STB and its installation. You must provide electricity and power points for the STB at your own expense.
    5. Electricity supply and power points must comply with all relevant safety standards and have adequate surge protection to prevent injury to persons and damage to the STB. We are not responsible for, and you may not make any claim against us in relation to, any damage that you may cause, suffer or incur due to electricity usage.
    6. If you have shift to a new address, you must notify us immediately and update your new details.
  8. Paying for the Service
    1. Before we provide any STB or broadtv service, you must pay:
      1. Subject to clause 8.4, the applicable Subscription; and
      2. The STB Fee separately, if applicable. 
    2. You must pay the Subscription Fee to us every month in advance except if clause 8.4 applies.
    3. You may upgrade/downgrade* your Subscription during the Term. The relevant Subscription Fees will apply from the time the Subscription is upgraded. 
    4. You may elect to pay all of the Subscription Fees for a six month or twelve month period before we provide any STB or as per our payment policy published in our website.
    5. You must pay to us any other fees or charges for which you are liable, including without limitation fees for Video on Demand content, to us under this agreement when we advise you that they are due and payable. 
    6. Charges for for use of the BroadTV App on additional User Devices that are not included in your Subscription will be charged on a monthly basis. No refunds will be made for cancellations of such additional App on additional User Devices.
    7. If you elect to pay the Subscription Fee on a monthly basis, and the recharge on your relevant account is not done on timely basis your account will be:
      1. Deactivated
      2. You will be liable for reactivation charges if you wish to continue to receive the Services. 
    8. We will not be liable to you for any loss or damage you suffer because we exercised our rights under this clause 8. You indemnify us from and against all costs and disbursements incurred by us in pursuing any overdue payment including legal costs and collection agency costs.
    9. We may change our Subscription Fee and other fees or charges payable under this agreement at any time. We will use commercially reasonable efforts to notify you of any increase in Subscription Fees from time to time including, without limitation, by way of the issue to you of a Service Rate Card in our website. If you do not agree to pay those increased Subscription Fees you must notify us in person or in writing via email that you do not accept the increase within 35 days of receiving the notice. This agreement will immediately cease once we receive such notification from you. If we do not receive any notice from you in accordance with this clause and/or you continue to use the Service 35 days from our initial notice of the increase in Subscription Fees or other fees, you are deemed to have consented to the increase in Subscription Fees and/or other fees.
  9. Indemnity and limitation of liability
    1. This agreement does not exclude or limit any provisions of a statute which apply to this agreement and which cannot be excluded.
    2. Subject to clause 9.1, our liability in connection with this agreement (including liability for negligence) is limited to:
      1.  In the case of goods supplied in connection with this agreement, the replacement or repair cost of the goods (whichever is the lesser); and
      2. In the case of services, the cost of resupplying the services.
    3. We are not liable for any loss or damage you may suffer if we cannot do what we promised because of events beyond our reasonable control.
    4. You must indemnify us against any loss, damage, liability or expense arising from your negligent or wilful misuse of the STB.
    5. Subject to clause 9.1, but otherwise to the extent permitted by law, in no circumstances will we be liable to you for any consequential or indirect loss, and except as expressly provided in these terms and conditions.
    6. We are not responsible to you or any other person for, and you indemnify us against, any loss, cost (including legal costs), expense, damage or other liability (including without limitation negligence) arising out of any claim or demand against us by you or any person other than you which arises from or is connected with: 
      1. Use by you or any other person of the STB or BroadTV Services
      2. Problems of reception of the Programs
  10. Termination of the agreement
    1. This Agreement, its construction, interpretation and performance shall be subject to the laws of Nepal. But Broadlink shall be responsible towards their obligations under this contract due to unforseen circumstances such as force majeure, moratorium, bankruptcy, insolvency or similar contexts.
    2. In addition to anything else we can do, we can terminate our obligations under this agreement at any time without notice if: 
      • You breach any of the terms of this agreement;
      • We reasonably believe that the Services or the STB are being used in a way forbidden by this agreement;
      • Any money payable to us under this agreement becomes overdue by more than 1(one) month;
      • We believe on reasonable grounds that you will be unable to meet your payments under this agreement; 
      • You commit an act of bankruptcy, become insolvent;
      • You move to a new address and we are unable to provide the Services to you at your new address
    3. We will not be liable to you for any loss of damage you may suffer as a result of our exercise of our rights under clause 10.1.
    4. If you terminate this agreement and/or any Services prior to the expiry of the Minimum Contract Term for those Services for any reason other than in response to a notification from us pursuant to clause 8.9 or 1.2. We may charge you an early termination fee. 
    5. On termination of this agreement for any reason, or on termination of a multiple connection, you must arrange to return the STB to us with our reasonable instructions. 
    6. If we cease to provide the Services pursuant to this clause 10 and you later request us to reinstate the Services, you must pay a re-activation fee and any other applicable fees required.
  11. Variation of this Agreement
    1. If you move to a new location/address we cannot guarantee that we will be able to provide the Services at the new address. If we can’t provide the Services at the new address this agreement will automatically terminate and the provisions of clause 10.6 will apply. 
    2. If you request us to provide the Services at another place in addition to your Home or through more than the maximum number of User Devices permitted by your Subscription, you must enter into a separate agreement with us in relation to that other location and/or additional User Devices.
    3. If the customer subscribes another service from array of broadlink services and the offerings provided with new service collides with the previous one already in place, in such cases, the pricing and plan containing both the services will supersede any other offer, whichever is higher. 
  12. Transferring this Agreement
    1. You cannot transfer the right to receive the Services or any other right under this agreement to anyone else without our consent. We may transfer any of our rights or obligations under this agreement. 
  13. Your Information 
    1. Information concerning you will be held in a database. The database will contain your name, address, previous address, telephone numbers, driver’s license number, information relating to the provision of Services and Infrastructure, information relating to credit, and information provided by you in connection with this agreement or the Service.