1. Agreement: This is an agreement between Caribcast Inc. and the Customer (the “Agreement”), to provide access to Caribcast Inc. IPTV broadcasts, Video on Demand and video related services (the “Services”). By (i) the Customer’s submission of an online order; (ii) Customer’s acceptance of the Terms of Service electronically during registration; or (iii) Customer’s use of Services, you agree to be bound by this Agreement, including future revisions and to use the Services in compliance with the then current Caribcast Inc. Authorized Use Policy.
2. Authorized User, Use, and Responsibility: Customer acknowledges that he or she is 18 years of age or older, and has the legal authority to enter into this Agreement and affirms that the information Customer supplied is correct and complete. Customer understands that Caribcast Inc. relies on the information Customer supplies and that providing false or incorrect information may result in provisioning or delivery delays or the suspension or termination of Customer’s Services. Customer agrees to promptly notify Caribcast Inc. whenever Customer’s personal or billing information changes (including for example, Customer name, address, telephone number, and credit card number and expiration date).
3. Term: This Agreement goes into effect upon Customer’s acceptance of this Agreement and shall continue until canceled or terminated by either party as permitted by this Agreement.
4. Payment of Charges: A. Customer will provide Caribcast Inc. 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 Customer’s subscription is active. Caribcast Inc. will automatically charge Customer’s designated credit card for subscription fees, one-time equipment deposits, applicable service fees, shipping and handling fees as may occur during the course of Customer’s subscription. Types of fees for which credit card payment will be utilized include:
i. For Monthly Subscriptions Caribcast Inc. will automatically charge the Customer’s designated credit card each month for that month’s fees in advance. Customer will be billed every 30 days for the Monthly Subscription Fee. Customer authorizes Caribcast Inc. to automatically debit the Customer’s credit card on record each month’s subscription fee, any additional VOD usage fees, taxes and any other fees.
ii. For All Subscription Plans
a. Shipping and Handling, and Applicable Service Fees, Caribcast Inc. will automatically charge the Customer’s designated credit card for shipping and handling fees, as well as applicable service fees that Customer has pre-approved either during Customer’s initial subscription order or during the course of Customer’s usage of Caribcast Inc.. Customer acknowledges and agrees that ALL shipping and handling, and applicable service fees are non-refundable.
B. Caribcast Inc. is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Caribcast Inc. If the charge transaction against the credit card is refused by the merchant account for any reason (card expired, insufficient credit limit, etc.), Caribcast Inc. will disable access and Customer agrees to pay all amounts due upon demand by Caribcast Inc. Every time Customer uses a Caribcast Inc. Service, Customer reaffirms that (i) Caribcast Inc. is authorized to charge Customer’s designated credit card; (ii) Caribcast Inc. may submit charges incurred under Customer’s account for payment; and (iii) Customer will be responsible for such charges, even if Customer’s membership is canceled or terminated.
5. Renewal: Unless cancelled in accordance with Section 13 of this Agreement: Monthly Subscriptions will automatically renew each month at the then prevailing subscription fee for the same package.
6. Subscription Plan Changes: Changing from Monthly Subscription Plan to Annual Subscription Plan can be done any time upon Customer’s request. Requests will be processed by the close of the next business day. Caribcast Inc. will credit Customer a pro-rated fee for the partial month and bill Customer for the new Annual Subscription Fee.
7. Communication Charges: Customer is responsible for obtaining and maintaining at Customer’s expense all equipment and services needed to access Caribcast Inc. Services. Customer is also responsible for any communication charges incurred by accessing Caribcast Inc. Services through a third-party network, such as a cable or wireless carrier.
8. Disruption of Service: In no event shall Caribcast Inc. be liable for any failure or interruption of program transmissions or Services resulting in part or entirely from circumstances beyond Caribcast Inc.’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), Caribcast Inc., upon prompt notification of such failure or interruption from Customer, will either provide Customer 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. Caribcast Inc. shall not be liable for any incidental or consequential damages.
9. Customer Property: Caribcast Inc. assumes no responsibility for the condition or repair of any Customer-provided equipment. Customer is responsible for the repair and maintenance of any Customer-provided equipment.
10. Customer Information: Caribcast Inc. maintains Customer-supplied personal identification information for the purpose of account management, billing and collections, and customer support and service management. Caribcast Inc. may also aggregate anonymous, non-personal information for reporting and analysis purposes related to your viewing and usage of Caribcast Inc. Services.
11. Reproduction of Programs: Customer agrees that the programs provided by Caribcast Inc. will be utilized solely for Customer’s personal, non-commercial use and will not be duplicated except in compliance with applicable law.
12. Caribcast Inc.’s Rights:
A. Caribcast Inc. has no obligation to monitor content or Services accessible by means of the Caribcast Inc. Services. However, Customer acknowledges and agrees that Caribcast Inc. 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. Caribcast Inc. shall have the right to determine in its sole discretion what constitutes an “inappropriate” or “commercial use” of Caribcast Inc.’s Equipment and Services.
13. Cancellation: For Monthly Subscriptions, Customer may cancel the Customer’s Monthly Subscription at anytime. In the event that Customer’s account is cancelled, the Customer will not receive any partial credit for the Monthly Subscription Fee they 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.
14. 5 Day Money Back Guarantee: All subscriptions and purchases of the Caribcast Set Top Box, qualify for a 5-Day trial from the date of activation of the service. If Customer is not satisfied with the Caribcast services within 5 days of their activation date, they can the Caribcast customer service center at 1.800.382.7441 and cancel for a full refund.
The customer will be responsible for return shipping costs. Once the set top box is received, the customer will receive a full refund for the set top box minus the shipping costs.
The set top box must be in reasonable condition with the original packaging and accessories, or Caribcast may charge for missing items or damage by reducing the amount of the refund.
All refunds will be made in the same for of payment originally used for the purchase.
Caribcast will process returns and refunds only for purchases directly from Caribcast Inc. Set top boxes purchased from a Caribcast Agent must be returned to the Agent.
THERE ARE NO RETURNS AFTER THE 5 DAY PERIOD
15. Breach of Agreement: If Customer breaches this Agreement or fails to abide by Caribcast Inc.’s rates, rules and regulations, Caribcast Inc., at its option, may terminate the Services .Customer shall pay reasonable collection and/or attorney’s fees to Caribcast Inc. in the event that Caribcast Inc. shall find it necessary to enforce collection or to preserve and protect its rights under this Agreement.
16. Programming: All programming, program services, program packages, number of channels, channel allocations and broadcast channels are at the sole discretion of Caribcast Inc. and are subject to change at any time in accordance with applicable law.
17. Disclaimer: Caribcast Inc. assumes no liability for any program or information distributed over the system unless locally produced by Caribcast Inc. Caribcast Inc. 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 Caribcast Inc.
18. Limitation of Liability: Caribcast Inc. does not warrant that the Services or Equipment provided by Caribcast Inc. 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 Caribcast Inc. In no event shall Caribcast Inc. (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 Caribcast Inc. has been advised of the possibility of such claim or damages, or (ii) any claims against Customer by any other party.
19. Choice of Law: Customer and Caribcast Inc. agree that this Agreement, and any supplements, modifications, addendums and any other change, and the relationship it creates between Customer and Caribcast Inc., shall be construed by and covered under and in accordance with the laws of the State ofFloridawithout reference to its principles of conflicts of laws.