DishHD Website User Agreement

 • Updated on July 10, 2010 • 

With respect to the viewing, reception and use of direct broadcast satellite television services provided by DishHD Asia Taiwan (hereinafter, “Party A”) to the subscriber (whose name is set forth in the debit note and hereinafter referred to as “Party B”), the parties agree to comply with the following terms and conditions.

Article 1
The effective term of this Agreement is the same as the subscribed viewing period. Party A shall, within the effective term of this Agreement, assure that Party B will normally view, receive and use direct broadcast satellite television services. A new agreement may be separately entered upon expiration hereof subject to the mutual agreement of the parties. If neither party requests to negotiate a new agreement when Party A continues to provide direct broadcast satellite television services and new program directories to Party B and Party B fails to indicate objection thereto within one week and still continues to tune into and receive the services, this Agreement shall be automatically extended for one term. In the event of any change to the contractual terms of the Agreement so extended, if the changed contractual terms are favorable to Party B, such contractual terms as changed shall apply.

Article 2
The list of channels provided by Party A for viewing is shown in the program directory at Party A's official website (www.dishhdtvchina.com).

Article 3
Party A's fee schedule (expressed in New Taiwan Dollars) is announced at Party A's official website. The payable items and the deadlines, amounts and manners of payment are detailed in payment receipts.

Article 4
Except for dedicated advertising channels, no channel may be wantonly replaced or terminated from broadcast in whole or in part. If broadcast is terminated due to adjustment of channel order or the expiration of a channel license, Party A shall take caution to protect Party B's rights and interests. When Party A may replace, adjust or stop any broadcast channel, Party A shall notify Party B in writing or via continuous broadcast of such notice in such channel five days in advance. In the event of Party A's violation of the said two covenants, Party B may request that the viewing, reception and use should be extended for five days.

Article 5
Party A shall maintain the completeness of the contents of channel programs so provided. In the event of Party A's default, Party B may request that the subscription fee for the day to be extended.

Article 6
Party A may use all kinds of basic information provided by Party B only for the purpose of performing the Agreement and shall not use or disclose such information beyond the scope of the said objective. If Party A processes the said basic personal information, relevant provisions of the Computer-processed Personal Data Protection Law shall be followed.

Article 7
Party A shall set up a subscriber service center, which is located at 10F, No. 168, Sung Chiang Road, Chungshan District, Taipei City, The service number shall be 0800364365, and dedicated personnel shall be assigned to handle complaints. Except as otherwise stipulated under this Agreement, Party A shall handle Party B's complaint within three days from the date of complaint and notify Party B of the status of the complaint. If Party A cannot properly handle such complaint, such notice shall be provided in writing.

Article 8
Within the effective term of this Agreement, Party B may, from time to time, notify Party A in writing or by telephone to suspend or resume direct broadcast television services. Party B is not required to pay the subscription fee for the period in which the service is suspended. If such subscription fee has been paid, it shall be used to offset the subscription fee for the direct broadcast satellite television so resumed and other relevant costs (the Company will collect a resumption fee pursuant to applicable requirements).

Article 9
Article B shall not terminate this Agreement during the effective term hereof except for Party A's violation of this Agreement.

Article 10
If Party B is subject to any of the following circumstances, Party A shall issue a notice in writing or by telephone to request rectification within a specified period and may terminate this Agreement in whole or in part in case of failure to rectify within the said period: 1. Party B fails to pay within the required period. 2. Party B exceeds the scope of agreed-upon usage and makes such use available to himself or others. The said rectification period shall not be shorter than seven days.

Article 11
This Agreement shall be terminated if Party A is subject to a final disposition regarding the revocation of Party A's license or is declared bankrupt or terminates operation. If Party B's viewing and reception rights are injured due to the fact that Party A is subject to a disposition regarding the revocation of Party A's license, Party B may request compensation equivalent to one month's subscription fee. If Party A intends to suspend or terminate operation, Party A shall notify Party B one month in advance. In case of Party A's failure to fulfill the notification obligation, Party B may request compensation equivalent to one month's subscription fee.

Article 12
If a payment collected in advance from Party B by Party A is not yet due after the termination of this Agreement, such payment shall be returned without interest within 15 days from the date of Party B's signature to confirm the amount of return. In case of failure to return the payment within the said period, an interest shall be calculated by an annual interest rate of 10%.

Article 13
When Party A notifies Party B in writing, such notice shall be based on all kinds of basic information last provided by Party B.

Article 14
In case of any dispute arising from the Agreement, the parties agree to the jurisdiction of the Taipei District Court as the court of first instance.

Party A:
Company Name: DishHD Asia Taiwan
Responsible Person: Shih Luo-chi [transliteration]
Company Address: 10F, No. 168, Sung Chiang Road, Chungshan District, Taipei City
Uniform No. 28432253

Party B: Name of Customer Shown on Front Page of Debit Note
The execution (renewal) date of this Agreement shall be the date indicated on the front page of the receipt. The subscriber shall be entitled to reviewing this Agreement in seven days.