ELECTRONIC SUBSCRIPTION AGREEMENT (SUBSCRIPTION AGREEMENT) WITH THE SUBSCRIBER
FOR PROVIDING DIRECT TO HOME SERVICE
The terms and conditions mentioned herein form part of the Electronic Subscriber Application Form (eSAF) signed by the Subscriber and
are binding on the Subscriber.
1. Terms and Conditions
The terms and conditions herein contained shall constitute legally valid and subsisting Subscription Agreement between Sun Direct TV Private Limited (hereinafter
referred to as Sun Direct and the Subscriber(named in the Application Form) and their respective successors/assigns/heirs /executors/ administrators, as the
case may be and Sun Direct agrees to provide Subscriber with the Service and install the CPE for effective receipt and enjoyment of DTH services.
Definitions:
Account Balance: The current amount available in the credit of the Subscriber Account.
Account Statement: a statement of service activities completed within a given time period which is made available to the Subscriber on a periodic basis, by a
method determined by Sun Direct.
Activation: mean activation of the Connection to facilitate the Subscriber to avail the DTH Services of Sun Direct.
Activation Fee: Onetime payment made for activation of Sun Direct Direct-to-Home Services.
Address: the Subscriber's residential address set forth within the territorial boundaries of India in the eSAF or any new
residential address based within the territorial boundaries of India to which the Subscriber transfer's the Service post the prior written approval of Sun
Direct, and in accordance with the Subscription Agreement.
A-la-carte Channel(s): is a pay channel(s) offered individually or standalone basis to the subscribers upon subscription.
Application Law: All applicable statutes, enactments, acts of legislature or parliament, ordinances, rules, by-laws, regulations, notifications,
guidelines, policies, directions, Directives and Orders issued by any Government Authority, Tribunal or Court including without limitation: (a) any
DTH policies, guidelines, directions including amendments notified by the Ministry of Information and Broadcasting (MIB), Government of India; (b) any
interconnection regulations, directions notified by the Telecom Regulatory Authority of India (TRAI) that may be amended from time to time; and (b) the
Copyright Act, 1957 (as amended).
Authorized Representative: a person who is aged 18 years or above authorized by the Subscriber to take actions under the Subscription Agreement.
Broadcaster: means a company from which Sun Direct sources its television/radio signals.
Broadcaster Bouquet: means an assortment of distinct channels offered together as a group or as a bundle by the Broadcaster through Sun Direct’s Distribution
Platform to the subscriber.
Channels: means such satellite based television/audio channels and other value-added services as may be authorized which shall be provided as part of
the Sun Direct service.
Pay channels: the Subscriber will be charged an extra amount for providing Sun Direct DTH Services in respect of those channels.
Connection: means SD/HD (PVR) connections or such other connections as may be offered by Sun Direct to the subscribers.
Content:any scheduled programming channel, platform service and any other programming service that Sun Direct may offer to Subscriber as part of any Package.
Correspondence Address: the address mentioned in the eSAF or any change in address intimated and accepted by Sun Direct, where
Account Statements and other Correspondence will be sent by Sun Direct.
Customer Premises Equipment (CPE): the CPE consists of Set-top-Box, Viewing Card, Remote Control and including Outdoor Unit (ODU), which are owned and
installed by Sun Direct at the Subscriber Premises to enable the subscriber to avail the services on free to view basis.
Day: the 24 hour period from 00:00:00 hours midnight to 23::59:59 hours.
DD Feed: Channels fed through DD feed. Since Sun Direct satellite is co- located with DD, all the DD channels can be viewed. If any of these channels
are removed from DD satellite the same will not be viewable on the platform for which Sun Direct cannot be held responsible.
DTH: means Direct-to-Home satellite television service.
DTH Service: Direct-to-Home satellite television services provided by Sun Direct to the subscriber.
Engineer: the person authorized by Sun Direct to perform installation at the Subscriber’s premises.
Force Majeure: is an act of God or circumstances beyond the control of Sun Direct, including, insurrection, civil disorder or military operations, national or
local emergency, industrial disputes of any kind (whether or not involving Sun Direct), fire, lightening, explosion, flood, inclement weather conditions,
lockdown, outbreak of epidemic/pandemic, acts of or commission by persons for whom Sun Direct is not responsible or change in any Act, Regulations or
Policy of the Government of India or State Government or any other Statutory Authority.
Free to Air Channels (FTA): Free channels are available on Sun Direct Platform. Sun Direct has the right of modification and can remove these channels if they
turn pay or charge separately for the same. Channels and Packages are subject to change with 15 days prior notice.
HD: means High Definition functionality.
HD Connection: is a DTH Service availed by the subscriber through HD/HD (PVR) Set-top-Box.
Helpline: is the customer care/call center, which can be contracted at the telephone number mentioned by Sun Direct in its website or otherwise informed to the
subscriber.
Installation Address: is the premises address with proof given by the subscriber for availing the DTH Services.
Installation Charges: means the charges collected for installation of the CPE at the premises of the subscriber to avail the DTH Service.
Network Capacity Fee (NCF): the fee payable by the subscriber to Sun Direct for distribution network capacity subscribed by the subscriber to receive the
signals of the subscribed television channels and it does not include subscription charges for a-la-carte pay channels or bouquet of pay channels, as the
case may be.
ODU or Outdoor Units: means and include devices, dish antennas, cable and low-noise-booster (LNB) and other accessories.
Package(s): is an assortment of distinct channels offered together as a group or bundle, which includes the Broadcaster’s package or Sun Distributor’s
(Sun Direct) packages.
Payments: shall mean the charges/fees payable by the subscriber for availing DTH Services of Sun Direct as communicated from time to time, including but not
limited subscription fee, activation charges, installation charges, network capacity fee, shifting charges, reactivation charges, up gradation charges and
applicable taxes.
Privacy Policy: means the policy that Sun Direct follows to collect and use information of its Subscriber and is available on its Website.
PVR: Personal Video Recorder functionality that allows to recording, playback, pause, rewind live television program on the set-top-box.
Recharge Voucher: a paper or electronic voucher, issued as an acknowledgement of the subscription fee received from the Subscriber.
Registered Mobile Number: the Indian mobile number indicated on the eSAF and used by the Helpline to recognize a Subscriber.
Registered Telephone Number: the Indian telephone number indicated on the eSAF and used for all transactions of a Subscriber with Sun Direct via SMS.
SD: means Standard Definition functionality.
SD Connection: means DTH Service provided by Sun Direct through the SD Set-top-Box.
Service(s): means the DTH Services and/or Additional Services and/or Any Value Added Services provided by Sun Direct to its Subscribers from time to time
under this Subscription Agreement.
STB (Set-top-box): means the Sun Direct owned device, together with the remote and associated accessories, which is compatible with and is able to receive
and /or decode the subscribed service at the subscriber premises, which includes SD/HD (PVR) Set-top-Box.
Subscriber: means the person or entity who has been authorized to receive the signals of Sun Direct DTH services as per the details filled in the attached
eSAF, which shall not be changed without the prior written approval of Sun Direct.
Subscriber Account: Subscriber's personal account with Sun Direct for carrying out all transactions under one address.
Electronic Subscription Agreement: the terms and conditions stipulated in this Electronic Subscription Agreement(Subscription Agreement) and
any other form signed in connection with DTH service provided by Sun Direct, all as modified from time to time by Sun Direct.
Electronic Subscription Agreement Form:means the standard form of the Electronic Subscription Agreement Form (eSAF)(it may be a paper/electronic form)
to enable a prospective subscriber to subscribe to the Service by duly filing, signing the same and submitting it to Sun Direct, and subject to Sun Direct's
acceptance of the same. On signing the same the subscriber is bound by the terms and conditions of the eSAF and the Subscription Agreement.
Subscription Fee: means the payments made by the Subscriber to Sun Direct for the package selected by the subscriber from time to time.
Subscriber/Customer ID: the unique identification code issued to the Subscriber for accessing his/ her Subscriber Account, and receiving the services at the
specified address.
Subscriber Premises: means the installation address specified by the Subscriber in the eSAF and proof of address has been submitted to Sun
Direct where CPE will be installed by Sun Direct to the provision receipt and enjoyment of the Service(s) using only the Permitted Viewing Device.
Subscription Request: means the a-la-carte/bouquet of pay channels and applicable tariff plan/scheme selected by the Subscriber either by filing
in the requisite eSAF or over the air choices made by the Subscriber through the remote, or any modification/amendment requested for change in plan via
Helpdesk/ Helpline/internet thereto. Charges are applicable for change in plan as decided by Sun Direct from time to time.
Subscribed Service: means service or part thereof subscribed by the Subscriber under the Subscription Request.
Voucher(s): mean activation/recharge voucher.
2. Subscription Agreement:
2.1 The Service(s) will be activated upon the Subscriber making all the payments and a duly filled and agreed eSAF and the Subscription Agreement,
uploaded/provided with the relevant proof of residence and ID. Sun Direct reserves the right to reject, in whole or in part, any eSAF.
2.2 The Service will be provided only at the Subscriber Premises mentioned by the Subscriber in the eSAF.
2.3 On submission of duly signed and completed eSAF the Subscriber acknowledges that the Subscriber is fully informed about the
Service and has/have read, understood and agree to be bound by all provisions of the Subscription Agreement and thereby opted to subscribe to the Service.
Changes made by the Subscriber to any information in the eSAF are not valid unless communicated by the Subscriber and is
accepted by Sun Direct in accordance with the Subscription Agreement.
2.4 The Subscriber warrants and represents that the Subscriber or the Subscriber's Authorized Representative has attained the age of majority, and that is
competent to enter into a contract and has the authority to execute this Subscription Agreement and bind the Subscriber to all terms and conditions of the
Subscription Agreement. Any breach of these provisions shall be a ground for immediate suspension/deactivation of the Service by Sun Direct and/or
termination of the Subscription Agreement.
2.5 The Subscriber further acknowledges and agrees that upon the Subscriber or his Authorized Person signing this Subscription Agreement or have taken
any actions or allowing any actions to be taken on behalf of the Subscriber by such person, including without limitation choosing a Package required by
the subscriber, as per the regulations, directions guidelines issued and notified by TRAI from time to time, accepting the Service and utilizing the Recharge
Vouchers, the Subscriber is agreeing or accepting to be bound by the terms and conditions of the Subscription Agreement.
2.6 Sun Direct, in its sole discretion, reserves the right to amend by modifying or revising the Subscription Agreement, at any time. The subscriber agrees to
be bound by such modifications or revisions. Your continued receipt of services shall constitute your acceptance of such amended Subscription Agreement.
Nothing in the Subscription Agreement shall be deemed to confer any third-party rights or benefits. The Subscriber should periodically review the Company
Website for the latest version of these terms of services and other policies forming part of the Subscription Agreement.
2.7 Sun Direct reserves the right to reject the Subscription Form for technical or operational reasons . Any money paid by the Subscriber shall not
create any right in favour of the Subscriber until activation of the STB. In addition, Sun Direct reserves the right to discontinue the Service even after
activation without assigning any reasons thereof, without any liability. The Subscriber represents that he/it is fully informed and explained about
the Service, its specifications, requirements, limitations, etc and has only thereupon opted for the Service, submitting a duly filled and signed,
eSAF, thereby agreeing to be bound by this Subscription Agreement.
3. Terms:
This Subscription Agreement shall commence upon Sun Direct activating the DTH Services and shall remain in force, unless terminated in accordance with the
terms of the Subscription Agreement.
4. Subscription Service:
4.1 The Service shall be based on the Subscription Request selected by the Subscriber and provided to the Subscriber.
4.1 a Subscriber agrees that Sun Direct has the right to change its packaging from time to time as per the TRAI regulations/ notifications/
directions/ guidelines and any deletion of channels will not warrant any rebate in subscription or relief in subscription. Channels are subject to removal
and deletion at any time with reasonable notice.
4.2 The DTH Services and/or Additional Services provided by Sun Direct to the subscriber only for personal and non-commercial use and viewing in India, more
particular at the Subscriber Premises provided in the eSAF, and therefore Subscriber shall not use the Service or any part of it for any other purposes.
4.3 The respective charges/ rates and channels / packages of channels available for commercial and residential subscribers are different and a commercial/
residential subscriber can choose the channels/ package of channels as per the prevalent schemes.
4.4 THE SUBSCRIBER HEREBY ACKNOWLEDGES AND AGREES THAT HE SHALL NOT ACQUIRE ANY RIGHT, TITLE, OWNERSHIP AND / OR INTEREST IN THE CPE AND THAT THE CPE SHALL
BE TAKEN BACK BY SUN DIRECT UPON TERMINATION / DETERMINATION HEREOF, AND / OR DEACTIVATION OR TEMPORARY SUSPENSION OF THE SERVICE. THE CPE IS THE SOLE PROPERTY
OF SUN DIRECT TV PRIVATE LIMITED AND CANNOT BE TRANSFERRED TO ANYONE IN ANY MANNER BY THE SUBSCRIBER. CPE WHEN TAKEN BACK BY SUN DIRECT SHOULD REMAIN IN THE
SAME CONDITION AS IT WAS WHEN MADE AVAILABLE FOR PROVIDING SUN
DIRECT DTH SERVICES. THE SUBSCRIBER CLEARLY UNDERSTANDS THAT CPE IS PROVIDED FREE OF COST ON FREE TO VIEW BASIS AS IT IS A MEDIUM FOR PROVIDING SUN DIRECT DTH
SERVICES. SUN DIRECT RETAINS CONTROL OVER THE CPE AT ALL TIMES FOR PROVIDING THE DTH SERVICES.
4.5 For change, addition, deletion, substitution, modification of the Subscribed Service the Subscriber shall submit the requisite form to enable processing
of the same, and the Subscriber shall be bound by any additional terms as may be applicable. Any change or withdrawal from the Subscribed Service
shall not entitle to any refund or adjustments of the money already paid. (a)The Subscriber is bound to pay at least one month charges for the Subscribed
Service, with or without modifications as stipulated above and he/she shall not be entitled for any refund or adjustment even if he opts out from such services
before the expiry of one month. (b) if there is any minimum lock-in period the Subscriber shall be bound to pay the Subscription Fee for the entire lock-inperiod
even if the Subscriber opts out from such services / channels, or his services are deactivated in terms of this Subscription Agreement before the expiry
of such lock-in- period.
4.6 If the Service quality, functionality, availability and / or reliability may be affected, Sun Direct is entitled to without any liability, refuse, limit,
suspend, vary, disconnect, deactivate or interrupt the Service in whole or in part at any time in its sole discretion with respect to one or all
Subscribers without any notice,for any reason and due to various factors including but not limited to (a) applicable laws or directives of any authority/court;
(b) transmission limitations or problems caused by topographical, geographical, atmospheric, hydrological, environmental conditions, or mechanical/technical
conditions or such other factors/features / conditions, systems changes or capacity limitations for reasons of up gradation, variations, installation,
relocations, repairs, operational maintenance of systems / equipment/ the service. (c) the requirement to combat potential fraud, piracy, sabotage, willful
destruction, etc; (d) for any legitimate business purposes; (e) on breach of any terms of this Subscription Agreement; (f)force majeure circumstances;
(g) incompatibility with CPE; (h) any delay in payments of any dues by the Subscriber. (i) failure to recharge the subscription; (j) If the Services are used
in violation of any law, rule or regulation, or for a purpose other than that declared by the Subscriber at the time of subscription; (k) Any bonafide action
taken by Sun Direct to protect its Intellectual Property Rights (IPR) or such rights of the content providers or any other person, whose interest Sun Direct is
bound to protect under contract or law; (l) Change in the business and/or regulatory environment; (m) If Channels forming part of a package or offer are
subsequently unavailable on the platform of Sun Direct for any reason whatsoever / or for reasons beyond its control, including due to interruption of services
on account of broadcaster blacking out signal of the channel(s); (n) Where the price or the nature of any constituent channel of a subscribed bouquet of pay
channels is changed to FTA or FTA to pay channel; and (o) Any legal, commercial other reason, which Sun Direct finds as reasonable warranting a limitation/
disconnection of the Services.
4.7 In the event that the broadcaster from whom a-la-carte Channels or Bouquets have been procured by Sun Direct undertake any of the following actions:
(i) modify, amend, change the name, genre, language, definition, format, logo of Channels; (ii) modify, amend and/or withdraw any a-la-carte Channel or
Bouquets; (iii) modify, amend and change MRP of channels or discounts offered; (iv) makes any other change which has an impact on the existing offering of
the channels. Sun Direct shall be permitted undertake corresponding modifications/withdrawal of the Packages, in each case to the extent permitted under
Applicable Laws and Regulations.
4.8 The CPE provided to the Subscriber shall remain the property of Sun Direct. Sun Direct shall not be liable for any injury / damage to the
Subscriber, or any third party, or the Subscriber Premises from the functioning of the CPE. As a service receiver, the subscriber shall ensure that the CPE is
not tampered with or disturbed or shifted in any fashion and its functioning shall be allowed in accordance with the user manual.
4.11 Sun Direct reserves absolute right not to broadcast any channel if it is anti-national or against communal harmony or it promotes political/religious
propaganda or if banned, restricted or prohibited under any law or regulation for the time being in force or for any other reason which Sun Direct in its
discretion deems it fit to be not in the interest of its viewers or society.
4.12 Sun Direct is entitled to procure the inspection of the Subscriber Premises to verify the compliance with and fulfillments of the conditions stated
herein on the part of the Subscriber, and shall be entitled to take photographs, documents, material, equipment etc as proof of violation of the Subscription
Agreement or infringement of any intellectual property rights of Sun Direct.The instance of piracy, violation of any intellectual property rights and
unauthorized viewing of the channels as detected against the Subscriber by finger printing mechanism or any other mechanism, method, system
deployed by Sun Direct for such detection shall be valid and acceptable to and uncontested by the Subscriber. Statements made by representatives of Sun
Direct in this regard before the notary public/ oath commissioner shall be treated as conclusive proof of such piracy, unauthorized use, violation of
intellectual property rights etc, as the case may be.
5. Obligations of the Subscriber:
5.1 To deposit payment of subscription fee for the Subscribed service(s) in such mode, as may be notified from time to time by Sun Direct, within the
due date for payment of the Subscription Fee. Presently the payment of the Subscription Fee can be made either at the centers publicly informed and notified
by Sun Direct for the collection of payment, or through direct debit facility by way of depositing the required amount in any of the bank accounts designated
by Sun Direct, or through Credit Cards Debit Cards Internet Banking E-wallet UPI Bharat QR Code, or by paying the same to authorized
persons, or through Sun Direct pre-paid /service vouchers.
5.2. The activation fee shall be paid by the subscriber prior to the services being activated.
5.3 Receipt of any services through the CPE other than the services provided by Sun Direct will constitute violation of this Subscription Agreement and shall
lead to termination of the services.
5.4 Any malfunctioning / non-functioning of CPE will have to be immediately reported to Sun Direct to enable Sun Direct to rectify the same.
The Subscriber shall not himself directly or through any other person undertake any repair / maintenance of CPE.
5.5 To inform immediately to Sun Direct in writing in case of loss or misplacement of STB or CPE. Sun Direct shall thereafter within reasonable time,
deactivate the same. Subscriber shall continue to be liable for charges incurred for the DTH services until it is so deactivated.
5.6 To ensure that the broadcast of the Service to the STB is routed into one PVD installed at the Subscriber Premises.
5.7 Broadcast to the STB is not intercepted in any manner, whether by the use of any decoding, receiving or recording equipment or otherwise for any purpose
whatsoever including the distribution or re-distribution of the broadcast from the Subscriber Premises to any neighboring premises, cable operator or any
other person.
5.8 Not to remove or shift CPE from the Subscriber Premises without the prior written consent of Sun Direct. Not to replace, remove, modify, alter, misuse or
tamper STB, including the seal i.e. seal to prevent opening to the STB. Any such act by the Subscriber shall be construed as willful and criminal default on
the part of the Subscriber in addition to breach of its obligations under this Subscription Agreement.
5.9 Not to manipulate or cause to be manipulate the CPE in any manner so as to cause breach of the Subscription Request or so as to receive or enjoy
greater privileges or advantages than the Subscribed Services or to use Sun Direct connection only for personal purposes and not for facilitating any kind
of public viewing of any manner whatsoever.
5.10 To give all assistance which Sun Direct may be reasonably expected to receive, in connection with inspection to be made by the
authorized representatives and agents of Sun Direct so as to satisfy Sun Direct with regard to compliance with/fulfillment of the conditions stated in the
Subscription Agreement on the part of Subscriber. The Subscriber undertakes that it shall at all times provide representatives of Sun Direct access to the
Subscriber Premises for verifying the location of the CPE.
5.11 To be responsible and liable for payment of all taxes, levies or charges, penalties, imposed by or under any statute for the time being
in force in connection with the Service.
5.12 Payment of Goods and Services Tax (GST) levied if any under this Subscription Agreement on the Subscriber for the provision of television service
at their premises shall be the entire responsibility of the Subscriber.
5.13 Not to indulge in piracy or activities which have the effect of or which may result in infringement and violation of any intellectual property rights
of Sun Direct, its broadcasters, or any other person associated with such transmission
5.14 Not to distribute or redistribute channels from the Subscriber Premises to any neighboring premises, cable operator or any other person.
6. Installation and Activation:
6.1 In the event the Subscriber needs installation, the Subscriber should call the Helpline No 7601012345 or the Toll Free No.1800 103 7575 1800 123 7575
(subject to change) in order to schedule the Installation. Installations will take place at a mutually convenient time and Sun Direct through authorized
Distributor /Dealer will make reasonable efforts to arrange for an Engineer to perform any Installation on the time and date requested by the Subscriber.
6.2 Prior to scheduling the Installation, the Subscriber needs to obtain the necessary permission, authorization required for Installation at the
Subscriber Premises including the requisite permission to access any common or third party property for the purpose. The Subscriber will and shall be
solely responsible for resolving/ addressing any and all third party objections to the Installation at the Subscriber Premises.
6.3 The Subscriber shall ensure that the Sun Direct personnel can safely access the Subscriber Premises and any common or third party property to carry out the
installation in a safe and peaceful manner. The Subscriber will be held responsible for the cost of any authorized third-party services and materials that may
be necessary in connection with the Installation (example, plumber or electrician). Sun Direct is not responsible for actions of any such third party not
authorized by Sun Direct.
6.4 Installation at the Subscriber Premises will be carried out only in the presence of the Subscriber or Subscribers Authorized Representative.
6.5 At the time of installation, the Subscriber must make available a copy of valid address proof (i.e. Voter ID, Ration Card, Bank Pass Book/
Statements or Passport) and / or a valid photo identification proof (i.e. Voter ID, Driver's license, Photo Credit Card, Pan Card, Aadhar Card or Passport).
6.6 By fixing the date and time of Installation whether by the Subscriber or his/her Authorised Representative, the Subscriber indicates that the Subscriber
is in agreement with the drilling, cabling and other work involved in the Installation.
6.7 Sun Direct reserves the right to charge reasonable expense/ compensation incurred from the Subscriber and debit Subscriber Account if in case the
Engineer had visited the Subscriber Premises, but the Installation had not taken place: (i) for want of any necessary permission(s)/
authorization(s); or (ii) Subscriber or Subscriber Authorised Person are not present at the appointed time; or (iii) Subscriber has
failed to furnish a valid address proof and / or photo ID or (iv)of a lack of authorized third party services and materials required for Installation.
6.8 Sun Direct shall not be liable to the Subscriber in any manner whatsoever if the Installation has not been performed or cannot be
performed because: (i)any necessary permission(s)/authorization(s) have not been obtained or withdrawn: or (ii) the Subscriber or Subscriber
Authorised Person is not present at the appointed time; or (iii) the Subscriber has failed to furnish a valid address proof and / or photo ID, If required;
or (iv) of a lack of authorized third-party services and material required for Installation; or (v) of any other force majeure event.
 6.9 In the event Subscriber wishes to change the Installation Address, or reschedule the installation time, Subscriber shall inform Sun Direct by contacting
the Helpline at least Seventy two (72) hours prior or to the scheduled Installation.
6.10 Sun Direct will consult with the Subscriber on the matters regarding Installation. However, Sun Direct reserves the right to make final decision on all
Installation matters. Sun Direct is not responsible or liable to the Subscriber for interruption, disruption, deactivation of Service after Initial
Installation on account of any force majeure event.
6.11 The Registered Mobile Number of the Subscriber will be the primary number throughout the Term and the Subscriber shall continue to receive all (a)
payment reminder or confirmation messages; (b) confirmations of transactions in connection with the Subscriber Account; and (c) other promotional or
service-related messages and transactions in connection with the Subscriber Account. Upon providing the Registered Mobile Number, the Subscriber shall
deem to have consented to receive such messages.
7. Charges for Subscription Service:
Sun Direct shall send a request for the payment of the Subscription Fee for the subscribed service to the Subscriber. The above said request may be sent
to the Subscriber through Registered Mobile Number, or an on-screen or an electronic mode. Once Sun Direct sends the request it shall be deemed to
have been received by the Subscriber.
8. Settlement of Charges for Subscription Service:
8.1 The Subscriber shall make payments to Sun Direct as per the Subscriber service charges notified from time to time by Sun Direct.
8.2 The Subscriber shall effect payments of all charges in respect of the Service provided to the Subscriber whether or not the same has been accessed or
used by the Subscriber.
9. Deactivation and Cancellation of Service:
Notwithstanding anything contained in this Subscription Agreement Sun Direct reserves its right to deactivate (either temporarily or permanently) the
services based on the report submitted by an inspecting officer acting on behalf of Sun Direct to the effect that the Subscriber has violated any terms
and conditions of this Subscription Agreement.
9.1 The Subscribed Service will be deactivated by Sun Direct: (a) the Subscriber cancels the Service at any time after the expiry of the minimum period
of time that Subscriber is required to subscribe to the Subscribed Package; (b) fails to recharge the subscription package in case of prepaid service; (d) if
the information provided by the Subscriber is found to be inadequate or incorrect.
9.2 Sun Direct reserves the right to deactivate or cancel the Subscriber Service if at any time any license, permission or authorization necessary for Sun
Direct to operate the Service (including Sun Direct DTH license) is revoked.
9.3 Sun Direct shall interrupt, deactivate, suspend, cancel, modify, or terminate any services provided to the Subscriber or deactivate the Subscriber Account
if such action is deemed necessary at any time without notice or any liability if (a) the Subscriber is in breach of any provision of the Subscription
Agreement; (b) non-payment by the Subscriber or failure by the Subscriber to maintain the Minimum Account Balance; (c) under any law or is requested by any
competent authority; (d) for unauthorised use of the Services by the Subscriber; (d) for technical, maintenance, security or failure or degradation of any
facilities, equipment or systems used to provide the Service; (e) copies, redistributes, relays, re-broadcast, or transmits the Service in an unauthorized
manner or otherwise allow the interception of the Service by any equipment, which would allow for its distribution or redistribution from the Address
to any neighboring premises, cable operator or any other person or entity or (f) Sun Direct suspects that the Subscriber is copying, redistributing, relaying,
re-broadcasting, or transmitting the Service in an unauthorized manner or otherwise allowing the interception of the Service by any equipment which
would allow for its distribution or redistribution from the Address to any neighboring premises, cable operator or any other person or entity; (g) uses the
Service or any CPE or related facilities for transmitting objectionable content, messages or communications or for anti-national activities; (h)
shows or permits the viewing of the Service in public to an audience, even if no charge is made; (i) uses in any manner whatsoever any of the Sun Direct
trademarks or Sun Direct CPE provided to Subscriber under this Subscription Agreement is found outside the territory of India; or in the Possession
of any third person/entity other than Subscriber Authorised Person. (j) for any legitimate business purpose; (k) to combat any acts of piracy, fraud or misuse
of the Service; (l) for reasons of threat to national interest, or in the event of emergency, such as, war or similar situation or if the services or content is
anti-national, promotes political / religious propaganda, against public policy, banned or restricted from being distributed under any Applicable Laws or Sun
Direct otherwise determines that it is objectionable or obscene or derogatory to any person or class of persons or hurts the religious sentiments of any
religious group or infringes the privacy rights of any individual or is not in the interest of subscribers or the general public. In the event of an
interruption, suspension or deactivation of the Service, Sun Direct, at its discretion, reactivate the Service, subject to any conditions that Sun Direct may
impose from time to time.
9.4 Any deactivation or cancellation of the Service shall mean and be effected by deactivation or cancellation of the smart card.
9.5 In case of cancellation, the Subscriber will forfeit any available balance in Subscriber Account. There will be no refunds of the amounts paid.
9.6 In case of a cancellation, Sun Direct reserves the right to terminate the Subscription Agreement and shall require the Subscriber to return all CPE
forthwith to Sun Direct.
9.7 If the Subscriber breaches the provisions of this Subscription Agreement, the Subscriber agrees that: (a) Sun Direct or any affected party may prosecute
violations of the foregoing against Subscriber and other responsible parties in any court of competent jurisdiction and under any applicable laws; (b)
Sun Direct may prevent the Subscriber from carrying on any such unauthorized activities by any means available under applicable law, including by
preventing Subscriber from receiving the Service; (c) for any act committed by Subscriber in relation to the Service amounting to an offence under
copyright and/or any other law, the Subscriber shall pay Sun Direct such amount(s) as directed by Sun Direct which shall not be less than Rs.1000/- (Rupees
One Thousand only) for every day during which such offence/s continue in respect of each offence; and (d) if the subscriber is deactivate for a period of
365 days the balance in his account wallet will be forfeited.
10. Relocation:
10.1 In the event the Subscriber desires to relocate the CPE to a new Subscriber Address, Subscriber must notify Sun Direct immediately and request for a change
in the Subscriber Premises. Sun Direct at its sole discretion reserves the right to accept or reject such request. If such request is accepted by Sun Direct,
Sun Direct shall arrange to have the CPE installed at the new Subscriber Address, at the Subscriber's cost. Notwithstanding the foregoing, Sun Direct cannot
guarantee that the Installation can be performed or that Subscriber will be able to receive the Service at the new Subscriber Premises.
10.2 Installation at the new Subscriber Premises will be done only in the presence of the Subscriber or the Subscriber Authorised Person. For an Installation
at a new Address, the existing warranty for the CPE will continue to be valid for the remainder of the Warranty Period.
10.3 Sun Direct reserves the right to deactivate the Service in case the CPE is moved from the Address and installed at an alternative address without prior
written consent of Sun Direct. Installation at a new Subscriber Premises will be subject to Subscriber fulfillment of the conditions laid down
for Installation.
11. Add-on Connections:
In addition to a single connection for accessing the Service, Subscriber may avail an add-on connection, to access the service at another PVD
located within the same Subscriber Address. This add-on connection shall be operated along with the main connection, and shall remain in operation for only
such period till the main connection is fully paid and active. Add-on connections shall not be provided in any other premises except in the premises
where the parent connection exists. All the terms and conditions of the parent connection shall be applicable for the add-on connection.
12. Anti-piracy Measures:
12.1 Piracy is a criminal offence under law and reproduction, distribution, publication, copying, downloading or exploitation of any CPE or the content
transmitted through the CPE is strictly discouraged by Sun Direct. Notwithstanding anything contained in this Subscription Agreement, Sun Direct shall be
entitled, at all times, to employ such measures for the detection of piracy and/or other unlawful activities with respect to the Service as Sun Direct deem
fit, including but not limited to, fingerprinting or any other mechanism or system deployed by Sun Direct and/or third parties authorized by Sun Direct
for the purpose.
12.2 The usage of the Services shall be closely monitored for activities resulting in a breach of the terms of this contract and/or the intellectual property
rights of any party and/or violation of any law. In the event of a suspicion/detection of misuse of the Subscriber by Sun Direct, Sun Direct shall be entitled
to take such action as Sun Direct deems appropriate to curb such misuse, including deactivation and/or cancellation of Subscriber Service and other
civil and criminal sanctions as provided under the law.
12.3 Sun Direct shall not be liable to the Subscriber for any bonafide action including de-activation and/or cancellation taken by Sun Direct to protect the
intellectual property rights of any party and check other unlawful activities in relation to the Service, even if such action is based on information
generated by Sun Direct or provided to Sun Direct by authorized third parties which is later proven to be incorrect.
13. Reactivation:
13.1 Sun Direct reserves the right to reactivate any deactivated Subscriber Account in their sole discretion, subject to applicable law.
13.2 Upon reactivation, Sun Direct may in addition to charging reactivation fees, deduct expenses, charges and/or penalties for the deactivated period that
Sun Direct may deem fit, subject to Applicable Law.
14. Maintenance:
14.1 Maintenance will not cover the following: (a) CPE subjected to any installation or other work by any person other than an authorized person; (b)
faults due to exposure to adverse environmental conditions including excessive moisture and excessive temperatures, (c) accidental or deliberate
damage by anyone, (d) defect in the CPE due to any unauthorized or improper use, replacement, removal, modification, alteration, tampering,
negligence or failure to follow the instructions as set out in the Subscription Agreement, any user guides authorized by Sun Direct and other materials
authorized by Sun Direct which are provided to Subscriber from time to time; (e)force majeure; (f) CPE on which the serial number or other
applied and identifying labels have been removed, defaced or altered or cosmetic damage; (g) Installation for any parts provided or services rendered by any
third party during or after the Initial Installation process; (h) damage or faults arising due to defects or faults in the property at the Address of the
Installation; (i) damage arising to Subscriber property at the Address of Installation which is caused by an act of omission, commission or
negligence by Subscriber or any other third party service provider.
14.2 Sun Direct reserves the right to charge for any service call by an Engineer and resulting Installation which does not relate to a proper maintenance in
accordance with the applicable rate card and debit such amounts from the Subscriber Account.
14.3 To report the fault, the Subscriber may call the Helpline or contact Sun Direct by any other method that Sun Direct provides from time to time.
14.4 Except as expressly stated in the Subscription Agreement, Sun Direct makes no representation, either express or implied, regarding any
Installation or CPE or the Service. All representations, including implied warranties of merchantability and fitness for particular purpose, title and
non-infringement, are disclaimed.
15. Privacy and Data Protection:
By subscribing to and activating Sun Direct services or possessing the CPE, the Subscriber(s) grants Sun Direct (or its subcontracts or business associates)
the permission to contact the Subscriber(s) through Call, SMS, Social Media, Mobile Applications or any other means for any reasons (including for reasons
connected to the service or otherwise). The Subscriber acknowledges and agrees that the foregoing consent given to Sun Direct (or its subcontracts or business
associates) shall be notwithstanding the Subscriber being registered under the National Do Not Disturb Registry (or any such records).
Any information collected from a Subscriber or its Authorized Representative is subject to the terms of the Privacy Policy on Sun Direct Website, the license
agreement of Sun Direct with MIB and Applicable Law. Subscriber (or Authorized Representative, as the case may be) grants its express consent to Sun Direct to
collect, and use information (including sensitive personal information) of the Subscriber and/or Authorized Representative, and contact the Subscriber and/or
Authorized Representative using their information for the following purposes:
• share information with regard to the subscription account such as alerts and account information.
• fulfil the Subscriber’s or Authorized Representative’s requests regarding the Services;
• respond to inquiries;
• conduct market research;
• enforce the legal terms or for other legal purposes;
• prevent fraud or potentially illegal activities;
• perform analyses;
• provide technical support;
• improve its products and/or Services;
• share marketing materials
• contact Subscriber or Authorized Representative for surveys or feedback;
• execute other activities such as marketing campaigns.
• to recommend products and services
• to provide ads, offers and other sponsored content
• to perform its obligations and duties as required by customary business practices.
Sun Direct may use information from the Subscriber or Authorized Representative for the above purposes if it deems it necessary to do so for its legitimate
business interests.
16. Rights of Sun Direct:
CPE is the sole property of Sun Direct. Sun Direct has the right to take back the CPE installed in the Subscriber Premises at any time without giving prior
notice to the Subscriber.
17. Miscellaneous:
17.1 Intellectual Property Rights. Subscriber acknowledges and agrees that the CPE, the associated equipment and services, content transmitted through the
Sun Direct’s distribution network, signal, marks, logos embossed or associated with the forgoing and all copyrights, trademarks and other intellectual property
rights in connection thereto are the exclusive property of Sun Direct or its third party licensors and the Subscriber shall not do or permit anything to be done
to infringe or violate such property rights or titles. The Subscriber shall immediately notify Sun Direct if the Subscriber becomes aware of any unauthorised
use of the whole or any part of the intellectual property rights of Sun Direct, including, that related to the Services, the Content transmitted through Sun
Direct’s distribution network, CPE, or and the associated equipment and services.
17.2 Records and Sharing of Information. Sun Direct or any of its business associates shall be entitled to store, transfer, process and/or retain all the
information relating to the Subscriber and/or Authorized Representative, including all information shared by the Subscriber and/or Authorized Representative,
Transaction Details, in India or outside in India Company reserves the right to share information about the Subscriber (including personally identifiable
information and viewing trends) with third parties (which shall include broadcasters, content and technology providers, consultants, service providers)
including for (i) performing marketing, administration or other services including technical support; (ii) administering and processing requests; (iii)
assisting in product development, research, strategic, financial or other business decisions; (iv) collecting patterns and conduct analysis, market research,
analysis of group statistical patterns of the Subscribers to understand trends and patterns; (vi) obtaining professional advice including, enforcement of legal
terms, prevention of fraud etc.; (vii) responding to proceedings (including legal, e.g., in response to a court order or a subpoena) or disclosing information
upon request of law enforcement agencies.
17.3 Third Party Rights. Subscriber shall not violate any third-party rights. Subscriber shall not make any public statement or media statement connected to
Sun Direct or its affiliate or group company or in relation to the services.
17.4 Force Majeure. Sun Direct will not be responsible or liable in any way for the failure or delay in the performance of its obligations due to Force Majeure.
If a Force Majeure ceases to exist, Sun Direct may perform or resume performance of its obligations and the time for performance will be extended by a period
equal to the duration of the Force Majeure. Reasonable efforts shall be made to minimise such service disruptions. If Force Majeure persists, Sun Direct will
be entitled to terminate the Subscription Agreement on written notice. The Subscriber shall remain liable for all charges during any such disruptions, unless
decided otherwise by Sun Direct.
17.5 Disclaimer and Limitation of Liability:
17.5.1 Sun Direct makes no express or implied warranties, guarantees, representations or undertakings whatsoever regarding the Services/ equipment etc.,
unless expressly mentioned in the Subscription Agreement. Sun Direct specifically disclaims any statements indicating that the CPE shall be without any fault or
damage, including faults or damages resulting from exposure to adverse environmental conditions, including excessive moisture and excessive temperatures or
damage to the CPE on account of Force Majeure.
17.5.2 Sun Direct shall not be liable to the Subscriber and/or any person, firm, body corporate claiming through, under or in trust for the Subscriber and the
Subscriber hereby waives all claims/actions of any delays or losses, including, but not limited to, loss of business, profit, revenue or goodwill demands fees,
cost expenses, order judgment, etc. or any direct, incidental or consequential losses arising out of any delays, interruption, errors of defects, or failure to
provide any part of the DTH Services including, without limitation, in the event that such error, interruption or delay arises in connection with any of the
following: (i) the termination or Sun Direct’s access to all or any portion of content/Channels; (ii) the relocation of all or any portion of the Services to
different satellite(s); (iii) a change in the software, applications, features and/or functionalities available with your equipment; (iv) any software or other
downloads initiated by us; (v) any acts of god, fires, earthquakes, floods, power or technical failure, satellite or uplink failure, acts of any governmental
body; or (vi) any cause beyond the reasonable control of Sun Direct. The Subscriber remains solely responsible for his/her negligence, acts or omissions.
17.5.3 Sun Direct shall not be responsible or liable for (i) any acts or omissions of direct sales agents, franchisees or any other third party with respect to
schemes or benefits which are not authorized by Sun Direct or which are purported to have been offered on behalf of Sun Direct without the explicit and
specific sanction in writing of Sun Direct (ii) any Subscriber owned equipment including television, mobile, etc. The Installation personnel of Sun Direct are
trained to handle only the CPE and its related accessories. Any other connection or fixings are solely the responsibility of the Subscriber, including wiring
and fixing of television or any other equipment.
17.5.4 Sun Direct will not incur any liability for any of its bonafide action taken to protect Intellectual property rights (IPR), including, anti-piracy
actions, even if the information on the basis of which it has taken any action is later discovered to be unfounded or false.
17.5.5 Sun Direct is a Distribution Platform and is merely a carriage provider for content being made available by third-party service providers. Sun Direct has
no control over the content broadcast on third party service provider channels and platform service, and therefore cannot make any claim or representation
regarding, nor does it accept any responsibility for, the quality, content, nature or reliability of third-party content accessible through the Sun Direct’s
distribution network. Sun Direct provides access to the Content on these Channels and platform services to the Subscriber only as a convenience to watch the
content on a larger screen, and the inclusion of any content does not imply affiliation, endorsement or adoption by Sun Direct of any content or information
contained therein. Subscriber understands the Channels may contains unedited material, some of which may be illegal, obscene, or may be offensive to some
people and access to such material will be at the sole risk of the Subscriber. Sun Direct is not responsible for any virus or malicious traffic which may infect
the CPE or the television sets. Sun direct does not have control over the content contained in the Channels and does not make any representations, warranties
or guarantees as to the availability or content provided by the broadcaster or other third-party content providers including, without limitation: (i) their
accuracy, availability, sequence, compliance with Applicable Law, copyright compliance, validity or quality; or (ii) whether accessing them may result in the
display of unintended, inappropriate or objectionable content.
17.6 Reservation: Sun Direct reserves the right (i) to seek and/or verify the particulars, including financial information provided by the Subscriber, either by
itself or from independent sources (ii) to reject any eSAF in case the particulars provided therein are incomplete, incorrect or for any other valid reason and
without any liability whatsoever. The information provided by the Subscriber / gathered Sun Direct shall become Sun Direct property even if the application is
rejected and Sun Direct is not liable to return the same. Sun Direct reserves the right to take action (legal or otherwise) as deem fit against the Subscriber
or its Authorized Representative or both, if either of them, behave offensively or impolitely or speak rudely or threaten any of the employee of Sun Direct
or personnel deployed by the business associates/trade partners of Sun Direct to provide any kind of services to the Subscriber.
17.7 Indemnity: The Subscriber agrees to defend, indemnify and hold harmless Sun Direct, its associate company, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees)
arising from the Subscriber’s use of and access to the Service, Subscriber’s violation of any term of the Contract or any third party right, including, without
limitation, any copyright, property, or privacy right. The indemnification obligation will survive the termination of the Contract or the usage of the Services.
The Subscriber agrees that where two or more persons constitute the Subscriber, their liability under this Subscription Contract including the CAF shall be
joint and several.
17.8 Assignment: The Subscription Agreement cannot be transferred or assigned by the Subscriber but may be delegated or assigned (in part or whole) by Sun
Direct to any third party without restriction.
17.9 Severability: The Subscription Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all
prior agreements or understandings, written or oral, with respect to the subject matter. Every provision in the Subscription Agreement is independent from the
others to the extent that, if a provision, or any part of it, is ruled to be illegal or unenforceable that provision or the relevant part of it shall be treated
as having been deleted from this Subscription Agreement, without affecting the remainder of that provision or the other provisions of Subscription Agreement,
which shall still have full effect except to the extent that Sun Direct’s rights/obligations under the Contract are materially impaired.
17.10 Waive: Neither Party shall lose any right under this Subscription Agreement if it fails to use that right, or delays in using it. For a waiver of a right
to be valid, it must be written and will not give rise to an ongoing waiver of that right unless it is expressly stated to do so.
17.11 Confidentiality: The Subscriber specifically agrees that in order to facilitate Sun Direct to provide Services, Sun Direct may be required to disclose any
information or particulars pertaining to the Subscriber to any authority, including, but not limited to, law enforcement agency, and reserves the right to
comply with the direction of such authorities at its discretion and without intimating the Subscriber.
17.12 Notification, Complaints and Notices: All notifications, complaints and notices must be in writing and addressed to Nodal Officer, Customer Operations,
Sun Direct TV Private Limited, at its registered office or otherwise as specified by the Helpdesk. Any notification, complaints and notices given by the
Subscriber shall be deemed to have been delivered to Sun Direct when it is actually received. The Subscriber agrees that notifications provided by Sun Direct in
such form as prescribed by Sun Direct from time to time, including notifications displayed on Sun Direct Website or the Customer care programming service or
the notification provided by the Helpdesk, Alert, Account Statement or any other method specified by Sun Direct or the Helpdesk, will be sufficient and
adequate notice to the Subscriber.
17.13 Changes in Law: Notwithstanding anything contained in this Subscription Agreement, in the event of a change in Applicable Law or any final un-appealable
order of any competent court or tribunal which would have a material effect on either of the Parties, Sun Direct reserves its rights to amend this Subscription
Agreement or execute a new Subscription Agreement which shall thereafter be effective from the effective date of the change in the relevant Applicable Law.
17.14 Arbitration: Any disputes, differences or questions, which may arise at any time hereafter between Sun Direct and the Subscriber touching the true
construction of this Subscription Agreement or performance of the obligations or enforcing any rights and/or liabilities of the Parties hereunder, shall be
first amicably resolved between the Parties within 30 (thirty) days from the date on which such dispute was raised by a Party and communicated to the other
Party in writing failing which the dispute shall be referred to a sole arbitrator of the Indian Council of Arbitration (ICA). The arbitration shall be conducted
in accordance with the Rules of Arbitration of the Indian Council of Arbitration and shall be subject to the provisions of the Arbitration and Conciliation Act,
1996, as amended or any statutory modifications or re-enactment thereof for the time being in force. The venue of such arbitration shall be at Chennai and
the Courts at Chennai alone shall have exclusive jurisdiction to deal with the arbitration proceedings and the awards in accordance with law. The arbitration
proceedings shall be conducted in English language. The award passed by the arbitrators shall be final and binding upon the Parties.
17.15 Governing Law and Jurisdiction. Subject to clause 18.14, the SAF and the Subscription Agreement and all matters relating thereto shall be construed and
governed by the laws of India and the Parties agree to submit to the exclusive jurisdiction of the Courts of Chennai.
THE SUBSCRIBER HAS READ AND UNDERSTOOD ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIPTION AGREEMENT AND THE SAME ARE ACCEPTABLE TO
HIM/HER COMPLETELY WITHOUT ANY LIMITATION.