Terms & Conditions

General Terms and Conditions of Chitram.TV

Primary Note

The following General Terms and Conditions (also called "Terms and Conditions") govern the contractual relationship between: A. Chitram Ltd residing at Lotus Corporate Services Ltd., 3A Little Denmark Complex, 147 Main Street, P.O. Box 4473, Road Town, Tortola VG 1110, British Virgin Islands, dedicated to providing Internet Television access and the User of services hereinafter referred to as (the Subscriber).

B. "Chitram GmbH", residing at Rheingaustraße 53, 65201 Wiesbaden, Germany, hereinafter referred to as " “Chitram.TV", dedicated to the distribution of Internet Television Access and equipment of Set-Top Boxes to the User of services (further referred to as the "Subscriber")

Any amendments and supplements to these General Terms and Conditions will be immediately sent to the Subscriber electronically or by post. Hereby the modified clauses will be particularly emphasized. Within two weeks of receipt of the amended Terms and Conditions the Subscriber has the possibility, without giving reasons, in writing (per letter, fax, e-mail) to object to these changes. To preserve the right to appeal it is sufficient to send the objection to these changes in time. If the validity of the amended Terms and Conditions within the aforementioned period was objected, "Chitram Ltd" and "Chitram GmbH" will terminate the contract. The termination shall not affect the access to services and their payment obligation before this objection.


Services provided under this agreement.

  •   All services provided by Chitram Ltd and Chitram GmbH on this Internet page represent a binding offer for its Subscribers, that is a purchase of monthly or annual subscriptions and/or Set-Top Boxes. When purchasing a subscription and/or a Set-Top Box, using our form on our internet site or sending it via e-mail, the subscriber automatically agrees to these terms and conditions and accepts this purchase order as a binding subscription. By sending a subscription order to "Chitram Ltd " and "Chitram GmbH" the Subscriber warrants his unlimited legal competence. An automatic order/subscription confirmation sent to a Subscriber, after it being received by Chitram Ltd doesn't guarantee a binding acceptance of this order by Chitram Ltd. Should an order confirmation or any other legally binding declaration sent by Chitram Ltd contain any spelling mistakes, typographical or price errors, it is Chitram Ltd. that is entitled to dispute those errors and mistakes, by providing proof of such mistakes. All payments received under circumstances described above will be immediately refunded. Chitram Ltd and "Chitram GmbH" are obligated to accept a received order, by sending subscribers an order confirmation within 7 business days. The confirmation of the received order shall be sent via e-mail and represents hereby a legally binding contract for the Subscriber. If no order confirmation has been received by the subscriber within 7 business days, Chitram Ltd and Chitram GmbH will consider the order as no longer valid. Chitram Ltd and Chitram GmbH reserve the right, before acceptance or activation of the order, to verify the creditworthiness of the Subscriber. Chitram Ltd and Chitram GmbH shall be also entitled to assign, in whole or in part, indebted by the Subscriber services to third parties.
  •   All services and deliveries provided by Chitram Ltd and Chitram GmbH to the Subscriber are governed exclusively by this General Terms and Conditions. These General Terms and Conditions may be modified at any time; the applicable version is the one available on the WEBSITE at the time the order is placed.
  •   Minors are not allowed to buy our services. By subscribing our services, clients confirm they are in age of full legal capacity (by the law of their country of origin/residence).
  •   Subscribers can only register once on the system. For a successful registration the required data must be complete and truthful. Multiple registrations are not allowed. Violation of any of the terms will result in the termination of your subscription. Submission of false documents and/or personal data is not allowed; illegally procured accounting data as well as multiple registrations are illegal and will result in immediate termination of the subscription by Chitram Ltd and Chitram GmbH and lead to criminal liability.
  •   The use of services provided by Chitram Ltd and Chitram GmbH is only allowed in accordance with the statutory regulations and under the bylaws of Chitram Ltd and Chitram GmbH. Provided services are subject to the Code of Conduct of the FSM (Voluntary Self-Control media) and its rules are binding for everyone. The Code of Conduct is avai
  •   The Terms and Conditions govern the supply of Subscribers with Set-Top Boxes and necessary accessories provided by "Chitram GmbH " in order to enable the access to Internet TV (IPTV), which is operated by "Chitram Ltd". Under this agreement Chitram Ltd and Chitram GmbH are not obliged to supply certain programs or use certain transmission techniques.
  •   lable online and can be downloaded during the registration process.

Amendment of the Agreement

  •  Chitram Ltd reserves the right to change/complete/improve services and special offers without prior notification (adapt to technical developments), if it is in the client´s best interest. In cases of maintenance works, extension or modernization, it might come to the case that applications can be temporary restricted, interrupted or suspended. Chitram Ltd guarantees that services will be available up to 97% of the year, whereas 3% might be temporary restricted or interrupted due to maintenance, extension or modernization work. Therefore the Subscribers cannot derive any claims against Chitram Ltd.
  •  Chitram Ltd reserves the right to make changes to the TV programming package without prior notice to the Subscriber and with no obligation to provide explanations.
  •  Chitram Ltd reserves the right to increase its prices in case the signals provider raises its tariffs. Such a price change will be invoiced for the first time at the beginning of the next succeeding calendar month.
  •  If modification in price or General Terms and Conditions entail a substantial disadvantage to the customer, he/she shall have the right to object to these modifications. Approval shall be deemed to have been given if the person concerned does not object to them in writing within two weeks. Subscribers will be notified in written on the legal consequences by Chitram Ltd and Chitram GmbH. Should the subscriber not use his right for objection within the stated period, the contract will continue automatically. In this particular case "Chitram Ltd" and "Chitram GmbH" reserve the right to terminate the subscription.

Billing and Payment

  •  Chitram Ltd. and Chitram TV offer fee-based services. Customer shall pay either via advance payment, credit card or automatic debit transfer. In the event a customer choses advance payment and payment hasn´t been received within 14 working days, Chitram TV has the right to withdraw from the contract. Chitram Ltd. and Chitram TV reserve the right to exclude, when necessary, certain payment options. Chitram Ltd. empowers “ Chitram TV” to collect the corresponding amounts for its services and delayed payments from the Subscriber.
  •  In case of justified complaints, “Chitram TV” will grant a refund of subscription fees, when complaints conditions are met. The detailed complaint must reach us per Post or via e-Mail info@chitram.tv within the stipulated period in written form.
  •  In the event of a default in payment, the Customer shall receive a first payment reminder via email. However, “Chitram GmbH” shall have the right temporarily to block the User's access to the service until payment has been received in full. Chitram GmbH shall be entitled to charge returned payment-handling fees on the first reminder. Should customers fail to meet payment obligations despite a reminder, Chitram GmbH will have to send a warning letter and charge extra fees. If, after receiving the first written warning the customer still fails to fulfill his payment obligations, Chitram GmbH will issue and send a final written warning. Up from this point, customer will have to pay due fees and Collection companies will deal directly with the Customer.
  •  Service will be automatically restored once the due amount is paid (pending subscription fee and handling charges). Chitram retains title in all goods delivered to the customer until full payment of all claims against the customer out of the business relationship, including the future business relationship. The Customer shall be obliged to pay compensation for all incurred expenses and additional costs arising from delays in payment. The customer shall reimburse any costs in connection with a non-redeemed or rejected debit note or a rejected credit card payment, unless it is evident that the customer has taken due care and the damage would have been created even so.
  •  All prices quoted are final prices inclusive of the statutory value-added tax and are constituted of connection fees and information costs. Connection fees are determined and adjusted if necessary by Chitram GmbH. Chitram Ltd is not responsible for quality defects and broadcasting breakdowns.
  •  Delivery of products within Germany, the USA, Canada and Israel shall be free of charge, if the value of your order exceeds EUR 40,00 (excluding the value of intangible goods, such as Access codes that are forwarded by e-mail) and if dispatched from the warehouses of these countries. If the order value is less than EUR 40,00 we charge a shipping fee of EUR 4.20.
  •  Costs of packaging and shipping orders outside Germany are calculated separately. The value of packaging, shipping and insurance can be found under the Table “Delivery Costs”.
  •  Applicable prices are those prices in effect at the time the order is placed, including packaging and shipping prices.

Right of Revocation/Cancellation

  •   Customers have the legal right to revoke/cancel an order within 14 days of receipt of the goods. The revocation must be effected in writing (e.g. letter, fax, email) and -- if the goods have already been delivered -- by return of the goods. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. To meet the 14-day deadline, cancellations and returns have to be sent in time (the return postage date stamp is sufficient). The Customer is required to return the goods with their original packaging either directly at the Hermes Paket Shop or to the Hermes employee, in the event customers want the goods to be collected.

    To arrange a collection service please contact Chitram’s Service Center at +49 611 236 878 60 or to send an e-mail toinfo@chitram.tv Customers are required to complete the Goods Return Form and return it together with the goods.

    The revocation period is sufficient for you to send the revocation and the goods.
    The revocation must be sent to: Chitram Technik GmbH, Rheingaustr. 53, 65201 Wiesbaden, Germany. Email: info@chitram.tv
    FAX: +49 611 236 878 64.

  •  Customers can cancel their annual subscription, however not later than 14 days after receiving the access to the services and within 14 days from the activation date. Notice of cancellation must be received in writing (letter, fax, email).
    The cancellation period starts when the goods have been received.

    The revocation period is sufficient for you to send the revocation and the goods.
    The revocation must be sent to: Chitram Technik GmbH, Rheingaustr. 53, 65201 Wiesbaden, Germany. Email: info@chitram.tv
    FAX: +49 611 236 878 64.

  •   The Customer can refuse the monthly subscription within 3 days (72 hours) from the moment of the activation, however not later than 14 days from the receipt of access. The period begins as soon as the goods have been received.

    Customers can cancel their monthly subscription, however not later than 3 days from the activation date, however, not later than 14 days after receiving the access to the services. Notice of cancellation must be received in writing (letter, fax, email)

    The revocation period is sufficient for you to send the revocation and the goods.
    The revocation must be sent to: Chitram Technik GmbH, Rheingaustr. 53, 65201 Wiesbaden, Germany. Email: info@chitram.tv
    FAX: +49 611 236 878 64.

  •  The customers’ attention must be drawn to the fact that the customer may not perform any acts which may only be done by the manufacturer or persons who are authorized by the manufacturer. This includes, in particular, the breaking, removal of seals or serial numbers and also circumvention of comparable securities, which are placed at goods, products and equipment.
  •  It should also be pointed out, that In the case of an effective revocation, the mutually received services must be returned, including the benefit drawn from them (e.g., benefits from usage). Where the goods have deteriorated, compensation may be claimed. This does not apply if the deterioration or loss of goods is caused only by examining it.To avoid liability for compensation for the value, you should avoid treating the goods as if they were your own property your own property and you should also avoid any use which might be detrimental to the value of the ordered goods.

Consequences of Revocation

  •   In the case of an effective revocation, the mutually received services must be returned, including the benefit drawn from them (e.g., benefits from usage).
  •   In the case that the Consumer is not in a position to return the goods wholly and completely or he returns them in deteriorated condition, the customer must pay the seller compensation for the value. The client is obliged to return the goods without any signs of use and in its original packing. The original packaging will provide optimal protection during the transportation. Chitram GmbH is not obliged to accept goods returned too late by the Customer more (10 days after the expiration of the time limit for revocation/return-time). If chitram accepts returned goods, the customer shall be liable to pay as compensation for damages a 30% of the invoiced value of returned goods. In these cases the buyer reserves the right to submit proof of lesser damage, or no damage at all. Return of goods is not possible if the seal is broken or the equipment hasn´t been used properly.
  •   The customer will be required to bear the cost of returning the goods when the goods supplied correspond to the order and when the customer has not paid the purchase price or any contractually agreed partial payment on the date of revocation.
  •   In any other case, the customer may return the goods free of charge, contacting Hermes at +49 (0)69 84 84 540 to collect the goods.

Delivery Conditions

  •   The goods are dispatched from our warehouse and sent to the delivery address specified by the customer.
  •   Goods will only be dispatched once full payment has been received to of Chitram GmbH´s account.
  •   It takes on average 14 days to deliver a package.

Transport damages

  •   If goods are delivered with visible damages to the package or the content, the customer must irrespective of possible warranty claims immediately complain about the damages at the forwarding agent, refuse the acceptance or contact immediately Chitram GmbH via phone, fax or via e-mail info@chitram.tv so that Chitram GmbH might place its rights to complain at the logisitics and transport companies.

The Term and Termination of a Contract

  •   Each subscription has a minimum contract term of 12 months and will start on the day you access the service. The contract will extend automatically by an additional 12 months unless the contract cancellation has been received by letter, fax or e-mail at least one month before the minimum contract duration expires.
  •   The Termination of contract should be sent sent to:
  •   Refusing a delivery of goods or services shall not be considered to be a termination of contract.
  •   Each one-month subscription lasts for a minimum of 30 days (the Minimum Term). The contract start date is the date of receipt of payment
  •   Chitram GmbH” shall be entitled to terminate the contractual relationships on important reason without notice. For “Chitram GmbH” an important reason is provided, if:
  •   an application is filed for the opening of insolvency proceedings in relation to the assets of the Customer
  •   the Customer uses the service of “Chitram GmbH” for fraudulent purposes, constituting breaches of the criminal law, legislation, moral rights or giving rise to the suspicion.
  •   Any other significant reasons

Reservation of Property Rights (Retention of title)

  •   The delivered goods remain the property of “Chitram GmbH” until complete payment has been made.
  •   Prior to transfer of property is a resale, leasing, pledging, as security, processing, transformation or other disposal without the express consent of Chitram GmbH not allowed.
  •   Chitram retains the property right to the goods until the sales price has been paid in full and all claims against the Customer from the business relationship, including the future claims as well as simultaneous or subsequently concluded contracts have been discharged. If the Customer does not satisfy his payment obligation despite a reminder, so he is obliged, upon “Chitram’s” request to return the products in a good useable condition and in its original packaging (product packaging) at his own expenses. Upon receipt, we will check the goods; if damage has been caused, Chitram will claim 30% of the purchase price as compensation.
  •   Customers need to be aware that, if they fail to meet their obligations, such as not returning the goods within the set period or defaults in payment (including any interest on late payments, reminder charges, default interest), they should be guilty of the offence of criminal misappropriation.

Rules of use

Rules of Use of the appliance, care, access, damage

  •   The Subscriber should handle the device with care and without the use of force. He is responsible for any damage caused by improper handling, unauthorized access to the device or other misconduct from his part or from other authorized persons.
  •   The Subscriber agrees to immediately report any damage or interference to Chitram GmbH and should not try to repair himself the device. The damaged goods will have to be sent to Chitram GmbH or to an authorized entity. Should the warranty period have expired, the customer will be responsible for any costs associated with non-warranty conditions.

Warranty

  •   In the case of damage caused by legal and material deficiencies, Chitram Technik shall be liable according to the applicable statutory provisions, in particular § § 434 ff. BGB. For a subscription complaint related to faulty goods, you can refer your complaint to Chitram Technik. The warranty period, which is currently two years, is governed by statutory provisions.

    The process for a warranty claim is as follows:

    1. you must inform Chitram a Chitram Authorised Service Provider (phone call) as soon as the warranty claim arises;

    2. you must provide a written description of the fault (completing the Goods Return Form);

    3. Chitram will arrange collection (Hermes) of the goods to be returned.

  •   Damage occurring due to measures implemented by the customer that are improper or contrary to the contract, e.g. installation, connection, service or storage, does not constitute any claim against "Chitram Technik". Improper and non-contractual procedures are determined in particular by the manufacturer's specifications.
  •   If the Subscriber is an entrepreneur and ordered services are intended for use in his business enterprise, his claims for defects shall expire one year after the goods are received.
  •   "Chitram Technik" is not liable for any fault of of third parties. If the subscriber has a problem with his Internet service provider (ISP) and cannot therefore receive Internet television from " Chitram Technik ", it is then a fault of the respective provider. Given these circumstances, the subscriber cannot assert any claim against "Chitram Technik", e.g. refunding monthly basic charge, extending the subscription for a period of downtime etc.

Software

  •   When purchasing a software product, the subscriber acquires a data medium (CD-ROM, diskette, etc.), the pertaining documentation, if available, and a license for the use of this software product in accordance with the license terms of the respective manufacturer.
  •   The subscriber will obtain the software license agreement as soon as he uses the package. The software products will remain the intellectual property of the producer. All trade marks, product documentation and logos appearing on this website are property of corresponding companies. The copyrights of third parties must be taken into account when using the delivered goods.All product names, brands and logos on Internet sites are property of manufacturing companies offering subscription and goods. The copyrights of third parties must be taken into account when using the delivered goods.
  •   The legal requirements regarding the claims against the respective software manufacturer apply additionally. The subscriber shall first try to obtain fulfillment of his claims by the software producer out of court.
  •   The subscriber is obliged to adequately protect himself from data loss. Since reinstallation of software as well as any modification of installed software bears a risk of data loss, the subscriber is obliged to take precautions backing up all data prior to making an installation or installed software modification.

Liability of “Chitram Technik”

  •   "Chitram Technik” as well as its legal representatives or agents assume unlimited liability for deliberate or grossly negligent infringement of obligations. Otherwise, “Chitram Technik” shall be liable only in the event of ordinary negligence, provided, an essential contractual obligation limited to the foreseeable risk typical of the type of contract is breached. "Chitram Technik" is not liable for any loss of the subscriber’s data.
  •   Exception to this are subscriber’s claims for damages arising from injury to life, body or health or breach of the essential contractual obligations ("cardinal obligations”) as well as claims for sheer financial losses. In this case the Telecommunications Consumer Protection Act shall apply. In accordance with the instructions of the German Product Liability Act the responsibility for intent and negligence shall remain unaffected.

Responsibility of the Subscriber

  •   The Subscriber is liable for any abusive use of the services, breach of these general terms & conditions and contractual responsibilities.
  •   The subscriber agrees that Chitram is not liable for any claim made by third parties arising from subscriber´s debts that could affect the validity of this contract.

Exclusion of set-off rights

  •   The subscriber can justify their debt extension counter-claims to "ChitramTV" only if his demands are legitimatet and undeniable.
  •   Subscriber has no right of retention, explaining his failure to perform a contractual obligation, except if they result from the same contractual relationship.

Assumption of a contract

  •   The subscriber can transfer the rights and obligations of the contract to a third party without prior written agreement with Chitram GmbH.
  •   Chitram GmbH has the right to fully or partially transfer the rights and obligations of the contract to a third party. "ChitramTV" must, in writing, to inform subscribers about the upcoming transfer.

Data Protection

  •   Storage and processing of all personally related data occurs in accordance with the German legal data protection provisions.
  •   In each data processing stage (e.g. collection, processing and transmission) we strictly adhere to the legal regulations laid down in the "Bundesdatenschutz- und Telemediengesetz" (Federal Data Protection and Tele Media Act). All the information obtained at the time of registration and throughout the contract with our clients is stored and used for our professional interaction only, insofar as you have not authorized the data to be used for any other purpose.
  •   Transfer of master or transaction data to third parties such as transactions involving selling, hiring, lending, rental or donation arrangements are not allowed without the express consent of the subscriber; excepted from the above are:

    Transmission of personal data provided by the subscriber is necessary for the purpose of providing the agreed services and billing, will be processed, used, and, if necessary, forwarded to service providers commissioned for this purpose.

    Transfer of inventory and transaction data to government authorities when the personal data concerned would merely facilitate or accelerate the prevention, investigation, detection or prosecution of a criminal offence or serious misdemeanor

    Transfer of inventory and transaction data to third parties asserted there is a legitimate interest is substantiated, such as human rights violation, in particular copyright, ancillary copyright etc…

    Subscriber should immediately be informed in case his collected data shall be transferred to a country where the German data protection laws do not apply.

  •   Complete overview of the privacy policy can be can be recalled at any time online. Subscribers can revoke consent for data use at any time, by means of a declaration to Chitram GmbH. In that case Chitram reserves an exceptional right to terminate the contract.

Applicable law, place of performance and jurisdiction

  •   German law is applicable to these General Terms and Conditions and to the entire legal relations between us and the purchaser, under exclusion of the conflict rules and convention of the United Nations.
  •   Place of performance for any liabilities resulting from the above shall be: a) for issues related to video-service and access, channel flow, construction, contents and consignment rights, London UK b) as regards technical equipment (STB) for the use of services, Wiesbaden, Germany.
  •   In the case of a legal dispute, both contracting parties mutually agree to try to reach an agreement out of court. As far as our customer is merchant, legal person under public law, or of special fund under public law the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship shall be the court of London

Severability Clause

  •   If any provision of this agreement is held to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.

If possible, the offending provision will be modified to the slightest degree necessary to make it enforceable, remaining as close as possible to the parties’ original intent for the provision. If not possible, the offending provision will be stricken.

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