General Terms and Conditions HD+

1. Scope

1.1 These General Terms and Conditions of HD PLUS (“HDP”) apply exclusively to the HD+ service in Ghana.

1.2 In accordance with these General Terms and Conditions, HDP provides the user with software or data (collectively the “HD+ Software”) together with the hardware as a technical prerequisite for the decrypted reception of specific, digitally encrypted TV programmes (“Programme Offers”) via a digital reception device with HD+ certification (“HD+ Service”).

1.3 HDP grants the user a non-exclusive, non-transferable license for the conditional use of the HD+ software for the purpose of decoding programme offers in accordance with the contract. This right is limited to the territory of the Republic of Ghana.

1.4 The user is not entitled to copy, modify, disassemble, decompile or apply other procedures to the HD+ software in order to learn its source code or structure, or to learn or influence processes or their state representation without authorization. Legal decompilation rights remain unaffected.

1.5 The digital reception device, the screen (e.g. TV set) and the content program offerings are expressly not the subject of the service. The installation of hardware is the responsibility of the user. In case of technical or general problems with the digital reception device, the manufacturer of the digital reception device is responsible for customer service.

1.6 The number and composition of the Programme Offers may change during the contract period.

1.7 HDP reserves the right to install the software required for the use of the HD+ service and for its supplement or modification on the digital reception device at irregular intervals free of charge, or to update, supplement or modify the HD+ software available there. Notwithstanding the above provisions, the liability of HDP in the event of data loss shall be limited to the typical restoration effort.

1.8 HDP reserves the right to block or no longer support HD+ reception devices that enable unauthorized use of the HD+ service or circumvention of encryption, even by third parties, due to legal violations. It is not possible to extend the HD+ Service after expiry of the activation period in accordance with Section 3.1 on blocked or no longer supported HD+ reception devices.

2. Conditions Of Use

2.1 Prerequisite for the use of the HD+ Service is a digital-capable satellite reception system as well as the use of a digital reception device marked with the HD+ logo and a screen (e.g., TV set), which are not included in the scope of services (see Section 1.5).

3. Service Fee / Duration and Prolongation of the HD+ Services

3.1 The use of the HD+ Service is subject to a service fee according to the respective conditions.

3.2 In good time before the expiry of the respective activation of the HD+ Service, the user will be informed of the expiry and possible extension or new purchase options for the use of the HD+ Service by an insertion on the screen.

4. Copyrights

4.1 The HD+ software is legally protected. Insofar as software from licensors is used, their ownership is protected to the same extent. Unauthorized reproduction or distribution of the HD+ software and/or its imitation will be prosecuted by HDP through civil and, if necessary, criminal proceedings.

5. Rights And Obligations Of User

5.1 The User may not misuse the HD+ Service and is obliged to protect himself from misuse. In particular, the user may not make or have made any interventions in the HD+ software, for example to enable the unauthorized reception of encrypted Programme Offers. The use of devices to circumvent the encryption is also prohibited. Such misuse may be prosecuted under civil and criminal law. Reference is made to Section 6 and 7.3.

5.2 If the provision of the HD+ service is impaired or interrupted due to interventions in the user’s software or hardware for which HDP is not responsible, the user is not entitled to a refund of the service fee already paid.

6. Indemnification

6.1 The user shall be liable to HDP for compliance with the obligations set forth in Section 4 und 5. The user shall indemnify HDP against any and all third-party claims asserted against HDP as a consequence of a culpable breach of these obligations and/or damaging actions on the part of the user, and shall compensate HDP for any damages in excess thereof, including the costs of any legal prosecution and defense that may be required.

7. Rights And Obligations Of HDP

7.1 Without further notice, HDP reserves the right to carry out maintenance and repair work on its technical equipment in order to maintain or improve the HD+ Service. During this maintenance window, interruptions or impairments in the reception of Programme Offers may occur, which do not entitle the user to a reduction in price.

7.2 In case of a violation of these General Terms & Conditions or a well-founded suspicion of a violation by the user, in particular within the meaning of the above Sections 4 and 5, HDP shall be entitled at its own discretion:

7.2.1 To exclude the user temporarily or permanently from using the HD+ Service and/or

7.2.2 to terminate the user relationship extraordinarily according to Section 10.1.

7.3 In the event of an exclusion of use based on the fault of the user in accordance with section 7.3, the user shall remain liable for payment of the remuneration for the period of the exclusion of use and the interruption of service.

8. Warranty

8.1 HDP provides services using communication networks or technical facilities of third parties that are beyond HDP’s control. Therefore, HDP cannot rule out temporary restrictions, impairments or failures of the HD+ Service due to influences for which HDP is not responsible. In particular, HDP does not warrant that certain Programme Offers can be received at a certain point in time; this shall not apply if HDP is responsible for a disruption.

8.2 The user acknowledges that the quality of the decrypted Programme Offers depends on the signal quality provided by third parties on the one hand, and on the other hand on the performance of the screens used by the user, and that both of these factors lie outside the HDP’s sphere of responsibility. The user also acknowledges that the recording and playback of recorded Programme Offers by third parties may be restricted.

8.3 The HDP points out that software programs cannot be developed in such a way that they run error-free for all requirements.

9. Liability

9.1 HDP shall only be liable to the extent that HDP, its vicarious agents and/or legal representatives are charged with intentional or grossly negligent conduct. In the case of damages caused by slight negligence, HDP shall only be liable if an essential contractual obligation has been breached, or in the event of default or impossibility. In these cases, liability shall be limited to the typical foreseeable damage.

9.2 Insofar as there should be temporary impairments in the reception of the programme services, which lie outside the HDP’s sphere of influence, in particular in the event of a signal failure for which HDP is not responsible, HDP shall not be liable 9.3 HDP is not responsible for the Programme Offers and their contents that it has decoded and made accessible.

10. Termination Of the Contract And Change Of Service

10.1 The contract for the use of the HD+ Service runs for the agreed duration from activation. Any extraordinary termination rights remain unaffected.

10.2 The user may not terminate the contract extraordinarily because the number or composition of the Programme Offers changes during the contract term.

11. Data Protection

11.1 Details on data processing are contained in the data protection notice on the website.

© HD PLUS | July 2020

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