|The following are the Conditions of your beIN Subscription Contract. This contract is between the beIN company detailed in the Application Form (“beIN”) and you as detailed in the Application Form (the “Customer”). In order to receive the Pay TV services as detailed in the Application Form you agree to abide by the following Conditions. Reference in this Contract to “you or “your” shall refer to the customer and “we” or “us” or “our” shall be read as reference to “beIN”. This Contract supersedes and replaces any previous contract with beIN.
In this Contract:
Address: means the address of your private residence in the Territory which you have notified to us in the Application Form.
Channel(s): the television content we may include in any of the beIN packages
Date: means the date you have bought your subscription from beIN or one of our dealers to receive the Service.
Duration: means the duration of this contract between us and yourself.
Conditions: the terms and conditions of this Contract as we may amend from time to time or as otherwise varied or added to by the terms of any special offer we may grant to you or any additional service you may elect to take from beIN and as otherwise set out below. The term Conditions shall include any Additional Conditions.
Contract: this contract incorporating the Conditions, made between you and us authorizing you to receive the Service for residential viewing at your Address.
Package: the beIN package you have selected in this contract to watch your choice of our channels.
Payment Option: the payment option elected by you in the contract.
Services: include the Subscription Services provided to you by beIN under this contract and all the other associated services that beIN may make available to you as a beIN subscriber including but not limited to the creation of a beIN CONNECT Account to access the Package elected by you.
Set Top Box: the specific beIN hardware bought by you under your Package to receive the Service at, incorporating a digital satellite decoder using a conditional access (encryption) system authorized by beIN (including the remote control, manual and associated TV cables) and additional DVR technology where included.
Smart/Sim Card: the card that permits you to view the Service when used with a Set Top Box.
Country: means the country named in this contract Form where you will receive the TV Subscription Service.
Total Payment: the fees you must pay us in order to receive the Services as set out in this contract.
2. The Service
We shall provide you with the Services subject to the Conditions of this Contract. A welcome call will be made to you within 5 days of the purchase of your subscription. However, if we are not able to reach you on the telephone/mobile number you have provided us, then the subscription will be blocked until you contact our call center.
3. Subscription Payments
(a) You agree to pay us the full Subscription Payments as may be amended from time to time in accordance with the Payment Option you have chosen.
(b) For monthly payments option, if you have elected the credit card or direct debit Payment Option we will collect the amount due automatically from your account monthly from the Date of the contract. You agree to pay us the full amount of the Total Subscription Payments.
(c) For monthly payments option, we may change your Subscription Payments at any time by giving you a minimum of one (1) month notice. We may also change your Subscription Payments (i) if required by law or if any regulatory authority requires us to change any aspect of our pricing which affects your Subscription Payments or (ii) if you change your Package.
(d) If you have failed to pay any of the payments you owe to us we can immediately suspend and/or disconnect the Service and terminate the Contract.
(e) You authorize us to alter your credit card or direct debit instructions if your subscription payments change for any reason upon your request. Additionally, you authorize us to charge any other payments due under this Contract (including any Cancellation Fee or amounts due) under your credit card or direct debit instruction together with any other payments which you agree that we may charge under that instruction from time to time during the Term.
(f) We may make special promotional offers from time to time during the Term. These special promotional offers may not be used in conjunction with any other offer from beIN. beIN reserves the right to amend/cancel any special promotional offers for any reason. beIN is not obligated to offer the same special promotional offers at the time of renewal. Others terms and conditions may apply to such offer depending on your subscriber profile.
(g) Where your Payment Option is credit card you undertake and agree to maintain at all times throughout the Term the validity of such credit card and the authority for beIN to collect the payments due hereunder. You agree to notify us immediately if the credit card provided to beIN expires, terminates or otherwise becomes invalid whereupon you shall immediately provide us with a valid and authorized replacement credit card number, together with expiry date and issuing bank name from which we shall be authorized to collect the Subscription Payments due hereunder.
(h) Where your Payment Option is credit card, you hereby authorize beIN to directly contact the issuing bank for your credit card from time to time during the Term and request, and you hereby authorize and agree, that the issuing bank for your credit card shall directly provide beIN with your credit card number (and any replacement credit card number) together with expiry date.
(i) Where your Payment Option is direct debit from your bank account, you agree not to close your bank account during the Term. Without prejudice to the foregoing, in the event that your bank account is closed during the Term you hereby authorize beIN to directly contact your bank from time to time during the Term and request, and you hereby authorize and agree, that your bank shall directly provide beIN with any other bank account number in your name which you agree shall be used in substitution for the previous bank account number for the direct debit payment authorizations made by you in this Contract.
(j) In the event that you choose to cancel your Contract at any stage, the cancellation will take effect from the last day of your paid period following your notice of cancellation and under no circumstances will you be eligible for any refund of money already paid.
4. PPV (Pay per view)
(a) To purchase any content via PPV, you must be a current customer under the Application Form to a Package that includes PPV.
(b) You may purchase PPV content via our website, by SMS or by phone for viewing as applicable on an internet connected device from your valid beIN CONNECT Account or for viewing on Television.
(c) You hereby authorize us to charge any payment for these services under the credit card or direct debit authorization instructions that you have provided to us in the Application Form.
(d) beIN will not be liable for any failure to provide the movie because of reasons outside our reasonable control or because of anything for which we have excluded liability.
5. Your Smart Card & Set Top Box
(a) To receive the Service, an activated Smart Card, a satellite dish and a Set Top Box are required. The Smart Card must be kept in your Set Top Box at all times and the Set Top Box must be connected to a mains supply and suitable satellite dish and be in stand-by mode when not in use.
(b) You can only use the Smart Card & Set Top Box at your Address and you must only use it for private viewing purposes. You must not use it in a hotel, motel or other licensed premises, club, office, retail premise or similar place. Any unauthorized use outside the purpose of this Contract will result in legal liability.
(c) You may not transfer, hire out, lend or otherwise hand over the Smart Card & Set Top Box. You are responsible for ensuring that the Smart Card & Set Top Box provided is kept securely, used carefully and only in accordance with beIN instructions.
(d) The Smart Card & Set Top Box must not be used outside the Territory. Any change of Address must be notified to beIN immediately. You must not tamper with your Smart Card or Set Top Box or use them for anything we do not authorize.
(e) If we believe you are using the Smart Card or Set Top Box in any way which we have not authorized or if it is necessary to protect the security of our conditional access system we may make the Smart Card and Set Top Box invalid without prior notice to you.
(f) You acknowledge that, any Smart Card or Set Top Box we lease to you, is for your exclusive use only for purposes of using the Services during your subscription and remains beIN’s property.
(g) The Equipment provided by beIN such as Set Top Boxes is and at all times shall remain the sole and exclusive personal property of beIN, and you agree that you do not become an owner of any beIN Smart Card or Set Top Box by virtue of the payments provided for in this Agreement or the attachment of any portion of the beIN Smart Card or Set Top Box to your residence or otherwise. Upon termination of any Services, subject to any applicable laws or regulations, beIN may, but shall not be obligated to, retrieve any associated beIN Smart Card or Set Top Box not returned by you.
(h) beIN Smart Card or free-of-charge Set Top Box will at all times remain the property of beIN or its designee beIN at all times and subject to you complying with your obligations hereunder during the term of this Contract. You acknowledge that beIN Smart Card or Set Top Box is merely a means for beIN to provide you the Services and that beIN may remove or change it at its discretion. You acknowledge that you are not to use beIN Smart Card or Set Top Box for any purpose other than to use the Services in accordance with this Agreement.
(i) You acknowledge that you will not allow the beIN Smart Card or Set Top Box to be serviced by anyone other than beIN employees or agents. You acknowledge that you will not sell, transfer, lease, encumber, or assign all or any part of the beIN Smart Card or Set Top Box to any third party. If any beIN Smart Card or Set Top Box or part thereof is lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned, You agree to pay beIN the full manufacturer’s suggested retail price for its replacement, together with any incidental costs that we incur relating to its replacement. beIN in entitled to claim the replacement cost in case you do not return the Set Top Box and Smart Card and any other Equipment within 7 days of cancellation, expiry or termination of this Contract in good working condition and free from damage.
(j) You are responsible for providing beIN satellite connection availability prior subscribing to the service. You are fully authorized to allow beIN service in your premises and no refund can be granted based on satellite inaccessibility.
As described in this article, the Set-Top Box will always be the property of beIN since its being given for free as long as the subscription is active.
Once the subscription is inactive the STB will be locked.
Any unauthorized smart card shall not be inserted into the Set Top Box or attempt to dismantle either the Set Top Box or Smart Card.
Any such unauthorized use of the Set Top Box shall entitle beIN to terminate this Contract or charge you at the cost of a replacement Set Top Box.
In the event the Contract is terminated by beIN or you, you agree to immediately return the Set Top Box any other Equipment to beIN.
6. Lost, stolen or malfunctioning Equipment
(a) If any Equipment is lost, stolen or damaged you must immediately contact beIN at the address detailed in the Application Form for further instructions.
(b) If the Smart Card or Set Top Box does not work, you must notify us and if you return it we shall replace it free covered by the manufacturer’s warranty. If the Smart Card or Set Top Box is defective or damaged in any other way then you can return it to be fixed at your own cost.
7. Your Package
(a) The programs that we provide as part of your Package are primarily supplied by third parties and their availability is outside our control. Consequently beIN accepts no responsibility for the content of such programs or the Channels and we reserve the right to withdraw or replace any Channel or advertised programs, or reduce or change the number of hours of any Channel’s broadcast.
(b) If you elect to change your Package, for instance to add an additional a la carte Channel or service (e.g. PPV) and we permit you to do so, you agree to immediately pay the current price for such new Package.
(c) We will carry out upgrade services of such a request, provided the payment terms are met by you.
(d) Downgrade services will not be allowed during the Term.
(e) Your Package selection will determine the content that you can access beIN CONNECT at such additional fees as may be applicable as determined by beIN from time to time
(f) beIN is entitled not to broadcast all matches or channels on beIN CONNECT.
(g) Packaging & Pricing is not related to rights ownership, meaning if there is any change of the rights then beIN wont be obliged to reimburse you with cost of subscription due to loss of rights.
8. Our Liability
beIN will not be liable under this Contract for:
a. any fault in any of the Equipment caused by your tampering with it, your negligence or failure to follow our instructions;
b. use of the Smart Card in any Set Top Box which we do not supply;
c. any fault in a Set Top Box or other receiving equipment you use which we do not supply;
d. our failure to provide the Service caused by events outside our reasonable control;
e. any bugs or content that might be harmful for the proper functioning of your digital device as a result of you accessing beIN CONNECT;
f. any software malfunction encountered by you in accessing beIN CONNECT; and
g. any loss or damage caused by our employees or agents in circumstances where:
– there is no breach of a legal duty of care owed to you by us or any of our employees or agents;
– such loss or damage is not a direct or reasonably foreseeable result of such breach; or
– any increase in loss or damage results from a breach by you of any terms of this Contract.
h. beIN is not liable for First Time Installation (FTI) done by the customer and/or any third parties.
(a) All copyright, trademarks, design rights, patents, and other intellectual property rights (registered and unregistered) in and on the Service belong to beIN and/or third parties. Nothing in these Conditions grants you a right or license to use any trademark, design right or copyright owned or controlled by beIN or any other third party except as expressly provided in the Conditions.
(b) You must not and you may not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, distribute copies, download or attempt in IP spoofing /hacking to access the service or to reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, commercially exploit, transmit or relay any part of the programs or Channels provided to you as part of the Services. You may only use the Service for private use and it must not be accessible by the general public or in a communal viewing area.
(c) You may not directly or indirectly charge others for accessing, viewing or listening to any of the of the programs or Channels provided to you as part of the Services, or commercialize or attempt to re-sell the programs or Channels provided to you as part of the Services in any way, which includes advertising or selling any goods and services which offer the programs or Channels provided to you as part of the Services including any third party software application.
(d) The Smart Card is embedded with a unique identification number that we can use to identify any unauthorized use of the Service or illegal copying of programming or Channels. In the event that the Smart Card identification number is identified as the source of any illegal copying or being used for reception which is not authorized of programming or Channels delivered to you under the Services, we shall be authorized without notice to (i) suspend and/or terminate this Contract; and (ii) shall co-operate with including by providing your details and your Address to any owner/licensor of copyright in the illegally copied program or Channel for the purpose of prosecution of such offence
(e) The beIN CONNECT Account is unique to each Subscriber and we can identify any unauthorized use of the beIN CONNECT Service or illegal copying of programming. In the event that the beIN CONNECT Account is identified as the source of any illegal copying or being used for reception which is not authorized of programming delivered to you under the Service, we shall be authorized without notice to (i) suspend and/or terminate this Contract; and (ii) shall co-operate with including by providing your details and your Address to any owner/licensor of copyright in the illegally copied program for the purpose of prosecution of such offence.
(f) Any breach of this clause may infringe the copyright of third parties in the programs and Channels provided as part of the Service. You will be responsible for any claims made against us for losses we may suffer as a result of actual or claimed copyright infringement committed by you or any other person using the Equipment or your beIN CONNECT Account in relation to the Services, for which you hereby indemnify to the full extent of such losses.
10. Parental Guidance
The content of the Service you have chosen may contain content you consider indecent, objectionable or offensive, or which may not be suitable for young audiences. If you permit a child to use your device to access, view or listen to the content of your Service you are solely responsible for deciding whether or not that content is appropriate for that child to view and beIN shall not be liable for that decision. This clause pertains to use of all Services provided by beIN on all devices that it may be available on pursuant to your Application Form for Subscription Services.
You agree that the use of our Services, including but not limited to the viewing of Packages, creation and use of the Sub Accounts shall be your responsibility and shall be subject to these Conditions.
11. Data Protection and Privacy
beIN is, and will remain, the exclusive owner of all the personal data, files, databases, information, programmes and operating systems it may have given to the Supplier and/or that are processed by the Supplier and/or to which it may have access when carrying out the order
You are only allowed to use our Equipment and other intellectual property as needed to receive our Services.
All beIN Services information, documents, and materials on our websites are protected by trademark, copyright or other intellectual property laws, and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos, and domain names (collectively “marks”) of beIN are and shall remain the exclusive property of beIN. Nothing in this Agreement shall grant you the right or license to use any of the marks. beIN may share information about You with third parties for various reasons including to (i) perform marketing, administration or other services on our behalf, (ii) market or sell new services or products to You or to jointly promote services or products to You (iii) administer and process Your requests. beIN may share your details with third party financial institutions and/or intermediaries to process payment for Your order (iv) assist in product development, research, strategic, financial or other business decisions (v) collect viewing patterns and conduct market research, analysis group viewing patterns of our Subscribers to understand customer treads and patterns (vi) obtain professional advice (vii) respond to proceedings (including legal). beIN may also disclose such information in response to a law enforcement request.
The third parties with whom beIN share the information are required to protect this information in a manner that is consistent with this clause for example not use the information for any purpose other than to carry out the services they are performing.
12. Changes and Additional Conditions
(a) We may vary this Contract reasonably at any time. We may amend from time to time or as otherwise varied or added to by the terms of any special offer we may grant to you or any additional service you may elect to take from beIN and as otherwise set out below and in the Application Form.
(b) If any Additional Conditions are made, they will be made available on the beIN website. If there is any inconsistency between these Conditions and the Additional Conditions, the Additional Conditions shall prevail. By accessing beIN CONNECT, you agree to be legally bound by whichever version of the Conditions is in force at such time.
13. Transfer of Agreement
(a) beIN reserves the right to partly or wholly transfer the rights under this Contract to a third party. You may not transfer your rights or obligations under this Contract to any third party.
(b) This Contract is personal to you and no third party is entitled to benefit under this Contract.
This Contract is valid for the Term subject to our right to terminate due to your breach.
(a) We shall not refund any Subscription Payments or other payments made under this contract if this Contract is terminated by us due to your breach of any of the Conditions.
(b) At the end of the subscription period your subscription will be renewed automatically. Unless you notify us before renewal that you want to cancel or do not want to automatically renew, you understand your subscription will automatically renew in case you don’t notify 15 days before the expiration of your current subscription. You authorize us to collect the new monthly or annual subscription fee (as applicable), using any payment card beIN has on record for you.
(c)If your access to the Service is not renewed in accordance with the above paragraph, then access will be automatically disabled until you have paid the applicable renewal fees.
Where the Agreement is terminated by the Customer, the Customer shall be deemed to have accepted the new terms and conditions.
The subscription is automatically renewed by the length of your subscription term, unless you cancel your subscription.
Already mentioned A monthly subscription is automatically renewed each month until you cancel it. Likewise, a yearly subscription is automatically renewed each year until you cancel it. Such automatic renewal is continuous, and you will be billed for each continuous subscription term at the applicable rates, which are subject to change. If you have a yearly subscription, we’ll contact you at least 15 days prior to the end of the term of your subscription via email or a SMS message to remind you that the term of your subscription will automatically renew.
You are not entitled to any refund any Subscription Payments or other payments made under this contract if this Contract is terminated by us due to your breach of any of the Conditions.
(a) Where you have requested installation of the Equipment, upon approval of your application we shall contact you to arrange a time to install the Equipment at your Address.
(b) You must ensure that all necessary consents have been granted by your landlord and any local government authority for installation of the Equipment. You must provide us with access to your property at your Address on the agreed installation date in order to install the Equipment.
(c) If your installation requires additional cabling or brackets or other equipment or works beyond what is normally required for a standard installation we shall advise you and you shall pay any additional amounts required for such additional works and/or equipment.
(d) All Equipment installed by us comes with a warranty against faults for a period of twelve (12) months from installation. The warranty does not cover faults arising from misuse, accidental or deliberate damage, cosmetic damage which does not affect the functionality of the Equipment and damage caused outside the reasonable control of beIN and its suppliers. At our discretion, any faults shall either be repaired or the Equipment replaced with similar equipment (new or refurbished).
Notwithstanding anything contained in this Subscription Contract, beIN shall be entitled, at all times, to employ such measures for the detection of piracy and/or other unlawful activities with respect to the Service. You acknowledge that the provision of unauthorized access to beIN Channels through card sharing or beIN CONNECT Account sharing or any other means is an illegal act that causes beIN considerable damage.
We may terminate the Services and you indemnify us against any cost, expense (including legal expense we actually incur to enforce this Agreement), damage, injury, loss (including loss of revenue), liability, claim, action, or proceeding if you: Copy any of the programmes, data or content included on a Channel to re-transmit them later, or for any reason due to piracy.
In the event that beIN determines that you are or were engaged in the unauthorized access/distribution of beIN Channels at any time, beIN is authorized to immediately terminate your access to the Channels. In the event beIN your access to the Channels due to piracy:
(a) beIN will remain authorized to charge your credit card for the balance of the Subscription Payment due for the remainder of the Term, which you agree is reasonable. Under no circumstances will you be refunded if your Service is terminated due to your engagement in the unauthorized access/distribution of beIN Channels.
(b) In addition, beIN reserves the right to seek reasonable compensation equivalent to a minimum of $2,000 for damages incurred from the result of each piracy act directly linked to your account or actions, including automatic charges to your credit card to recoup compensation for the redistribution of beIN’s content, encryption keys or any copyrighted material, such amount being a pre-estimate of the losses beIN has suffered as a result of your piracy act;
(c) beIN reserves the right to refer you to the relevant authorities for criminal prosecution, , in accordance with the law or to take any other action that is legally available to compensate beIN for your actions.
This Contract and any dispute or claim arising out of or in connection with it is the governed and shall be construed in accordance with the laws of the State of Qatar.
We may update the Website from time to time, and may change the content of the beIN terms and conditions at any time. If there is any inconsistency between the any General Terms and Conditions in your residential subscriber contract, the latest version of general terms and conditions in the website shall prevail.