A. YOUR RIGHTS AND OBLIGATIONS
1. Fees and Charges
1.1 The following charges must be paid by Approved Method prior to the Activation Date:
a. the Subscription Fee;
b. the Activation Fee (if applicable);
c. the price of the Decoder Box (if applicable); and
d. the installation fee (if applicable) ；
e. any additional fees payable as set out in the Pricing Guide.

1.2 You must pay any goods and services tax, duty, levy or charge in the nature of a goods and services tax or like charge assessed or imposed in respect of any product or service supplied by us ("Other Charges").

1.3 The Subscription Fee (with the exception of the initial payment) must be paid by Approved Method in advance. All other charges are payable as stated on the invoice.

1.4 You may be required to pay an overdue fee on all overdue payments from the date on which such payments are due up to the actual date on which payment is received, calculated on a daily basis at the rate of 1.5% per month.

1.5 You must pay all reasonable collection costs (including legal fees) incurred by us to enforce collection of any payment due to us under this Contract.

1.6 If any amount owed to us by you is overdue, we may, at our option, deactivate the Service until payment is received in full, including overdue fees and all other amounts payable under this Contract. You must pay all reasonable costs associated with the deactivation and a Reactivation Fee.

1.7 If any payment is dishonored or rejected, you will be liable for all the associated fees and charges.

1.8 You may be charged an additional fee for the provision of program guides, or statements, if these are provided to you.
1.9 You must do everything necessary to satisfy your. menial obligations under this Contract including the prompt, accurate and proper completion of all necessary documents and ensuring that at all times there are sufficient funds available through any necessary fancier or bank to meet such obligations.

1.10 If you:
a. want additional satellite equipment you will need to pay us the costs of purchasing it, and the installer the costs of installing it, as required by the installer.
b. want to adjust the existing satellite equipment you will need to pay the installer the costs of doing so, as indicated by the installer at the time of your request.
1.11 If the Direct Commerce Legislation in your state applies to this Contract, and if you wish to cancel this Contract after the installation of the Service, you must pay us a full fee .

2. Use of Service and Decoder Box

2.1 You must not do or permit any advertisement, interruption, editing, copying, re-broadcasting, re-transmission or any alteration to the Service in any manner electronically or otherwise. You must not allow the monitor on which the Service will be viewed to be placed or seen in any public area.

2.2 If you wish to sell the decoder box, we do not wish to buy back the decoder box, you may be sold or transferred to a third party

2.3 You must immediately notify us:

a. if problems occur with the Smart Card or it is stolen, damaged, lost, destroyed or interfered with in any way; or
b. if you become aware of any unauthorised use of the Smart Card, which may constitute piracy.

2.4 If your premises has no existing satellite equipment you will need to buy the satellite equipment from a third party, and a decoder box from us if required and have them installed by an installer. You need to pay the installer the costs of doing so. Sometimes you will have to pay the installer more to install the Service because of technical constraints. The installer will provide you with a quote for all costs prior to undertaking this work.

2.5 If any satellite equipment that you require to receive the Service is already installed and in working order at your premises or any new premises to which you transfer the Service you guarantee that it may legally be used to provide you with the Service.

3. Warrantees and Authorities

3.1 Unless you advise us to the contrary in writing, you authorities us to use your information in accordance with our Privacy Policy, as outlined in this Contract.

3.2 You either own or are the lawful occupier of the Premises and warrant that you have obtained all permission required to install and maintain the satellite equipment and provide the Service, including any permission required from an owners corporation.

4. Personal Information

4.1 You must immediately notify us of any changes to the details provided by you.

5. Termination

5.1 You may terminate this Contract by exercising any right you may have under any applicable Direct Commerce Legislation. That legislation will prevail if there is any inconsistency between this Contract and such legislation.

5.2 You may terminate this Contract after the Term stated in the Schedule has expired by giving us one (1) month's prior written notice.

6. Assignment

6.1 You may assign this Contract to a third party with one month's prior written notice to us and subject to our approval. All your obligations and rights pursuant to this Contract will be assigned to the third party when the third party signs a Contract with us.

B. OUR RIGHTS AND OBLIGATIONS

1. Billing and Commissions

1.1 We may pay a commission to any person or entity who introduces you to us.

2. Services we will Provide

2.1 We will not activate the Service until you pay the Subscription Fee, the purchase price of the decoder box if applicable, the Activation Fee, if applicable, and any additional fees have been paid, all documentation has been completed and approved for the payment of all subsequent Subscription Fees and if applicable the decoder box has been installed at the Premises.

2.2 We will provide you with the Service in accordance with this Contract from the Activation Date.

2.3 We may from time to time vary the programming of the Service or discontinue part of the Service without notice to you and without any adjustment to the Subscription Fee.

3. Our Obligations

3.1 To the extent permitted by law, in no event shall we be liable for any claim by you for loss or damages including, but not limited to, claims for faulty design, damage done on connection of the decoder box, defects in the decoder box negligent or misleading advice, damages arising from loss or use of the decoder box, and any indirect special or consequential loss, damage, injury or death to any person or the property of any person and we, to the same extent limits our liability, if any, to you to the value of the decoder box and to the fullest extent permitted by law you hereby release and indemnify us and forever hold us harmless against any such claim.

3.2 We shall not be liable to you for any delay or interruption of the Service, changes in programming or any programming errors.

3.3 We shall not be liable for default or failure in performance of our obligations under this Contract resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, insurrection, accidents, fires, explosions, earthquakes, floods, the elements, power surges, strikes, labour disputes, shortage of suitable parts, components, materials or transportation or any other cause beyond our reasonable control.

3.4 If you have purchased a new decoder box from us and the decoder box is faulty, we will repair, maintain and if necessary replace or send you a replacement decoder box at our cost whilst the decoder box is under manufacturers warranty while you receive the Service unless this contract says otherwise. However if the decoder box is faulty because you have damaged or mistreated it or used it improperly or breached this Contract, or the warranty period has expired we will charge you our reasonable costs of repairing it or the full cost of replacing it.

3.5 We will charge you for any work we have done to try to find the fault or repair it if you report a problem and we find that there is no fault, or the fault was not caused by us. The Service Call fee may vary depending on your location.

3.6 If the Smart Card needs to be replaced for any reason within the first 60 days after you commence receiving the Service, then we will replace it at no charge provided the fault is not caused by you and provided the faulty Smart Card is returned within 14 days after you receive its replacement. If, at any time after the end of your initial 60 days of receiving the Service, the Smart Card needs to be replaced for any reason, you will need to pay for a replacement. The fees for replacement are set out in the Pricing Guide.

4. Termination

4.1 We may terminate this Contract:
a. without notice to you if any monies payable by you are overdue for more than fourteen (14) days;
b. without notice to you if you breach any material obligation under this Contract; or
c. by one (1) month's written notice to you in any other case.

4.2 We may terminate this contract if we discover that you did not obtain permission from any person or entity from who permission was required to be obtained prior to the installation or maintenance of the satellite equipment or the provision of the Service.

5. Transfer and Alteration

5.1 We may transfer or assign our rights and obligations under this Contract to any other person or company. We will notify you of any such transfer or assignment.

5.2 We may change the terms of this Contract (including, but not limited to, provision of the Service) at any time by written notice to you. You are bound by these changes. The current Terms and Conditions are always available at www.pacific-media.net and asking us to send you a printed brochure. You have the right not to accept such change if you notify us in writing within seven (7) days after receiving notice of such change. If you do not accept such change we may terminate this Contract.

C. MISCELLANEOUS

1. Direct Commerce Legislation

1.1 In the event of any inconsistency between this Contract and any applicable Direct Commerce Legislation the applicable Direct Commerce Legislation prevails.

2. Privacy Policy

2.1 This Privacy Policy sets out our policy on the management of your personal information. We are committed to ensuring the proper use of that information.
2.2 This Privacy Policy contains the following important information regarding your relationship with us:
a. Collection of personal information
b. Use of personal information
c. Disclosure of personal information
d. Information Accuracy
e. Information Security
f. Correcting and Accessing personal information
g. Trans-Border transfer of information
h. Sensitive information
i. Condition

2.3 We will only collect personal information that is necessary for one or more of our legitimate functions or activities and will only do so by lawful and fair means and not in an unreasonably obtrusive way.

2.4 We will collect, record and store personal information about you when you register as a subscriber to the Service or when you enter or apply for promotions run by us.

2.5 The personal information collected by us is or may be used:
a. For billing purposes;
b. To maintain your account;
c. To notify you about new products or services from time to time;
d. To provide customer support;
e. To provide you with products, services or information that you have requested;
f. To streamline and personalise your experience while dealing with us; and
g. To tailor our information, services or products in order to improve and enhance those services and products we provide for you.

2.6 We may also use personal information for the purpose of direct marketing. However, we may only use your personal information or data in relation to promotional activities where it is impracticable for us to obtain your prior express consent. Whenever we do this we will provide an express opportunity when we .first contact you to decline receiving any further marketing communications from us.

2.7 Information collected by us may also be combined and de-identified to provide us with anonymous demographic and usage information. We will then use this aggregated information to develop new and/or more appropriate services and products to offer to customers.

2.8 We will only pass on personal information about you to other companies or people when:
a. We need to share your information in order to provide the product or service you have requested;
b. We have your consent to share the information;
c. We need to pass on the information to companies that provide programming or work on behalf of, or in conjunction with, us in order to provide a product or service to you. (Unless we tell you otherwise, these companies do not have any right to use the personal information we provide them for purposes that do not involve us.)
d. We are required to respond to subpoenas, court orders or legal process.

2.9 If you tell us that you do not wish to have your personal information used or disclosed for a particular purpose we will respect your wishes, unless this is not legally or practicably possible.

2.10 For the purposes of clause C2.8(c), personal information may be accessed and viewed by authorised information technology consultants and other systems administrators for the sole purpose of maintaining an effective recording and accounting network system.

2.11 We will take reasonable steps to ensure that the personal information we collect, uses or disclose is accurate, up to date and complete.

2.12 We will take reasonable steps to protect the security of personal information held by us.

2.13 We only permit personal information to be accessed by authorised personnel.

2.14 We will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose.
2.15 Subject to verification of identity, personal information may be accessed at any time by request of the person to whom the information relates.

2.16 Access to personal information can be obtained only by the person to whom that information relates to and is available by contacting our Customer Service Centre.

2.17 If we hold personal information relating to a person then that person may request at any time that any or all of that information be changed, updated or corrected.

2.18 In order to provide certain content and subscription services to our customers, we are required from time to time to submit information that may contain personal information to companies, organisations and people outside Australia.

2.19 We will only use personal information in this way if it is necessary to do so in order that we are able to provide you with services and products that you have requested.

2.20 We will take reasonable steps to ensure that the information which we have transferred will not be collected, held, used or disclosed by the recipient of the information for any other purpose other than to assist us with the provision of products or services to our customers.

2.21 We will not collect, use or disclose sensitive information (such as information about political or religious beliefs or racial or ethnic origins) except with your consent.

2.22 Where it is necessary to obtain sensitive information in order to provide products and services in a specific language, we will take all reasonable steps to ensure that this information is used solely for the purposes of providing, improving and enhancing those services.

2.23 We, and this Privacy Policy, may be subject to applicable legislation, regulations and codes of practice. To the extent that this Policy exceeds the minimum obligations under Commonwealth and State legislation, this Policy serves as a documentation of our voluntarily self-imposed standards. While we are determined to meet those standards as best we can, to the extent permitted by law, we are not liable if we do not adhere to any of these standards, for any loss, liability, costs, expense or damage arising as a result of our failing to meet any of the voluntarily self-imposed standards in this Policy.

3. Termination

3.1 On termination of this Contract all rights accrued in favour of either part against the other party shall continue.

3.2 On the termination of this Contract, regardless of who or what has caused the termination, you must immediately pay us:
a. all Subscription Fees and other amounts which are owed by you;
b. subject to clause B5.2 all Subscription Fees which have not yet fallen due for payment for the remainder of the Term; and
c. our reasonable administration fees.

3.3 You shall not be entitled to a refund of any monies paid to us after this Contract has terminated.

3.4 On the termination of this Contract, regardless of who or what has caused the termination, you must return the Smart Card to us. Failure to do so will mean we can charge you for the Smart Card at the rate set out in the Pricing Guide section of our website at www.pacific-media.net

4. This Contract

4.1 This Contract contains the whole agreement between you and us with regard to subscription to the Service. This Contract can only be amended as set out in this Contract.

4.2 Any provision of this Contract which is illegal, void or unenforceable will be ineffective to the extent only of that illegality, voidness or unenforceability without invalidating the remaining provisions.

5. Term of this Contract

5.1 This Contract will commence on the Activation Date and continue for the Term stated in the Schedule or until this Contract is validly terminated.

5.2 If by agreement between both parties, the Term continues beyond the .xed Term, this Contract shall continue from month to month on the same terms and conditions, until terminated by either party as provided in this Contract.

5.3 If at any point during the contract you elect to take additional subscription services, you agree to subscribe to these for the balance of the Term. If the Term has ended, you agree to take additional subscription services for a minimum period of 1 month.

6. Governing Law and Jurisdiction

6.1 This Contract, and any proceedings arising from this Contract,  shall be governed by the law of  The People's Republic. of China.

6.2 Both parties to this Contract submit to the exclusive jurisdiction of the courts of  The People's Republic. of China

7. Language used in this Contract

7.1 Words in the singular include the plural and vice versa. Words importing any gender include all genders. Words importing persons include companies and vice versa.

7.2 The headings are a guide only to the meaning of words. They constitute part of the context within which the words used in this Contract must be construed and should be taken into consideration in determining the meaning of those words in case of ambiguity. The headings do not, however, limit the generality of words used in this Contract.

DEFINITION OF WORDS THAT HAVE SPECIAL MEANING
"Activation Date" means the date on which we first activate the Service or the date of reactivation.
"Activation Fees" means the fees listed under that phrase in the Schedule.
"Additional Fees" means the fees listed under that phrase in the Schedule.
"Approved Method" means any method of payment approved by us as at the Date of Contract.
"Contract" means these Terms and Conditions, the Schedule and the direct debit authority form (if applicable).
"Date of Contract" means the date on which the Schedule is signed.
"Decoder Box" means the unit that is connected to a satellite dish in order to unscramble a picture that is protected by encryption.
"Direct Commerce Legislation" means any door to door sales, trading, fair trading or consumer affairs legislation or regulations.
"Other Charges" means the charges defined in clause A 1.2
"Payment" does not occur until actual funds have been credited as cleared funds to our bank account and "paid" has the same meaning.
"Premises" means the premises to which the Service will be provided by us.
"Pricing Guide" means current up to date prices for all fees and charges relating to the Service as published on www.pacific-media.net
"Reactivation Fee" means a fee which may be charged if the Service has been deactivated due to non payment.
"Satellite Equipment" means cabling from the wall plate to the decoder box and from the decoder box to your television or video equipment and the satellite dish including associated mounting hardware and electronics.
"Schedule" means the schedule to be signed by you confirming acceptance of these Terms and Conditions and which forms part of this Contract.
"Service" means each and all of the subscription services selected by you on the Schedule and any other subscription services which you may by written agreement, take from time to time and includes all subscription services provided by us to you at any time.
"Service Call" means a fee that you will need to pay for an installer to attend at the Premises to perform installation or maintenance of the decoder box and satellite equipment.
"Smart Card" means a card which identifies a decoder box to the network. It authorises descrambling of the satellite signal, and authorises purchases using the decoder.
"Subscription Fee" means the monthly fee for the Service so described in the Schedule and any fee for additional subscription services which you may take from time to time.
"Term" means the term specified in the Schedule.
"We", "us" and "our" means Pacific Media Group Co. Ltd
"You" and "your" means the subscriber as identified in the Schedule and where applicable the subscriber's successors or permitted assignees.