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SNG Truck Photo: GlobeCast |
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| Occasional Services |
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TERMS AND CONDITIONS
FOR THE USAGE OF
TRANSPONDER CAPACITY ON THE SATELLITE
The Customer agrees to be bound by the following Terms and Conditions:
1. The Customer will use the Transponder Capacity during the requested time.
2. The Customer's usage of the Transponder Capacity during the requested time is subject to the availability of Transponder Capacity which is determined at the sole discretion of AsiaSat. For the avoidance of doubt, the Customer shall only commence usage of the Transponder Capacity upon receiving the verbal or written confirmation from AsiaSat's Satellite Control Centre ("SCC").
3. The Customer will use an uplink agent which AsiaSat has qualified to provide all the uplink facilities, otherwise AsiaSat must qualify all the Customer's or its agent's uplinking equipment to AsiaSat's satisfaction prior to the Customer's usage of the Transponder Capacity.
4. The Customer must comply with the operational requirements of SCC and must liaise with SCC before and after any transmission.
5. Minimum usage per access is ten (10) minutes, and all usage will be rounded up to the nearest five (5) minute block.
6. The Customer agrees to pay for the total usage charges within thirty (30) days of receiving an invoice from AsiaSat.
7. All payments made hereunder by the Customer shall be non-refundable unless otherwise provided for in this Agreement.
8. Late payments will be subject to interest at the rate of one point five per cent (1.5%) per month.
9. The usage charges shall be paid in full in freely transferable funds for same day value without set off, counterclaim or deduction in respect of value added or withholding taxes or imposts, duties or charges imposed on the Customer or AsiaSat or otherwise howsoever (other than any income taxes imposed upon AsiaSat by the Hong Kong government). If the Customer is required to deduct from any payment hereunder any such taxes, imposts, duties or charges, the Customer will pay to AsiaSat such additional sum as shall enable AsiaSat to receive in full the payment that would otherwise have been made to AsiaSat.
10. The Customer agrees that it shall, indemnify and hold harmless AsiaSat from and against any liability, loss, claim or damage, including legal fees, arising out of its use of the Transponder Capacity.
11. The Customer shall comply with all the relevant Applicable Laws, policies and regulations with respect to or in connection with its usage of the Transponder Capacity.
12. The Customer shall, promptly cease and desist from any use of the Transponder Capacity which breaches Applicable Laws, including those relating to defamatory, obscene or pornographic materials or laws governing copyright or third party proprietary rights.
13. If the Customer's use of the Transponder Capacity causes, in AsiaSat's opinion, interference to other customers on the Satellite or causes interference on other satellites or adversely affects AsiaSat's ability to coordinate the Satellite with other satellite operators, AsiaSat shall be entitled to forthwith terminate the Customer's use of the Transponder Capacity.
14. AsiaSat's total liability to the Customer in the event of the inability of AsiaSat to provide the Transponder Capacity or the failure of the Transponder Capacity shall be limited to the termination of the Customer's usage of the Transponder Capacity and the refund of any unused charges paid by the Customer. In no event shall AsiaSat be liable to the Customer for any direct, indirect, consequential, incidental, special, contingent or other damages (including without limitation loss of revenue, loss of profit, loss of use, loss of orders and/or subscribers, down-time, costs or loss of savings) or to provide any other remedy whatsoever to the Customer as a consequence of the inability of AsiaSat to provide the Transponder Capacity, or the failure of the Transponder Capacity.
15. The Customer may not assign or sublet any of its rights or delegate any of its obligations hereunder.
16. These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong and the Customer and AsiaSat hereby submit to the jurisdiction of the Hong Kong courts.
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| 17 Aug 2005 |
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