Bluesky Cook Islands
Legal- Terms and Conditions Moana TV
TERMS & CONDITIONS - MOANA TV



OVERVIEW:
Moana TV is Bluesky’s pay television product offering a selection of local and international and television channels direct to your premises. Moana TV uses an Internet Protocol Television (IPTV) platform, which utilizes Bluesky’s broadband ADSL network. It delivers television services over a dedicated IP link, instead of traditional satellite signal or cable television formats.
1. DEFINITIONS:   
In this Contract:
a. Application Form means the form entitled “Moana TV Residential - Application form” annexed to these terms and conditions.
b. Equipment means all and any equipment provided by Bluesky to the customer and installed at the Premises including the Set Top Box, remote control, 4 port DSL router and any cabling.
c. Initial Payment means customer payments to Bluesky enabling the Services to commence, including costs of Equipment, installation fee and initial Monthly Subscription Fee.
d. Monthly Subscription Fee means the subscription fee payable for the Services each month.
e. Premises mean the domestic single unit dwelling or commercial building where you reside or conduct business or the place we have consented to locate the equipment.
f. Services means Bluesky’s Moana TV subscription television product consisting of images on the television screen and the accompanying sound produced for the services chosen by you in this Contract.
g. Set Top Box means the electronic device provided and authorized by Bluesky and associated leads to connect to a television set to enable you to receive and view the Services.
h. We, us or Bluesky means Telecom Cook Islands Ltd trading as Bluesky Cook Islands.
i. You, your, or customer means the person who is the subscriber under this Contract.
2. INSTALLATION:
After you have completed the Application Form and paid the Initial Payment to a Bluesky Teleshop, Bluesky will, as soon as reasonably practicable, arrange for a Bluesky representative to deliver and install the Equipment at the Premises. You will, at your own expense, obtain and maintain all necessary approvals and consents for the installation of the Equipment at the Premises and for Bluesky’s access to the Premises, and any alterations to the Premises needed to install the Equipment. Bluesky will have no responsibility in relation to any such approvals, consents or alterations.
3. TERM:
This contract will continue until terminated by either party giving 30 days’ notice to the other.
4. FEES AND CHARGES:
You will make the Initial Payment to a Bluesky Teleshop upon signing the Application Form before Bluesky installs the Equipment at your Premises. Moana TV is a postpaid service, which means you will pay the first Monthly Subscription Fee in advance at the time of signing the Application Form,  then you will be charged for subsequent monthly fees to your Bluesky account on a monthly basis – with account payable by the 20th of the following month.
5. DISCONNECTION AND RECONNECTION:
If you fail to pay the Monthly Subscription Fee, your Services will automatically be disconnected. To reconnect the Services, you will prepay the minimum of one Monthly Subscription Fee at a Bluesky Teleshop. The Bluesky retail representative will apply the charges to your account and the Services will automatically be reconnected.
6. OWNERSHIP OF THE EQUIPMENT:
Once you have made the Initial Payment to purchase the equipment and Bluesky has installed the Equipment, it becomes your property. You will be fully responsible for the care and safety of the Equipment once it is installed at the Premises. Bluesky will ensure that the Equipment it provides to you is safe, of merchantable quality and fit for the purpose for which it is provided.  Should you opt for rental equipment,  this is the property of Bluesky and any defects will be replaced without additional fees.  
7. INDEMNITY AND EXCLUSION:
You will defend, indemnify and hold harmless Bluesky  its agents and contractors from and against any and all claims, damages, costs and expenses, including legal costs as between solicitor and client, arising from or related to the supply, installation and use of the Equipment in your Premises under this Contract, the provision of the Services to your Premises and other matters related to this Contract. To the maximum extent permitted by law, you will not bring any claim whatsoever against any third party engaged by Bluesky to install the Equipment under this Contract, for any loss or damage suffered by you or any person in your Premises in connection with this Contract. All liability of service providers is excluded.
8. CUSTOMER SERVICE, REFUND AND REPLACEMENT POLICY:
All customer service queries about the Services and Equipment should be directed to a Bluesky customer service representative by calling 120 for faults or 123 for general enquiries or emailing ck.info@blueskypacificgroup.com. If the Equipment is defective due to our fault, we will replace it if you tell us at the time it is installed. Other than this, the Equipment once installed will not be refundable.
9. LIMITATION OF USE:
The Equipment can only be used for the Services and/or such other services, which may be designated by us from time to time. In the event of misuse of the Equipment, we reserve the right to terminate or suspend the Services at any time and without notice.
10. EXCLUSION:
Bluesky will use its best endeavours to ensure that the Services are delivered without interruption, disruption or deterioration. However, as the Services use channel content supplied by third parties, circumstances outside Bluesky’s control may impact on the delivery of the Services. Bluesky will not be liable for any interruption, disruption to, or deterioration in the quality, reliability or accuracy of, the Services, or any technical issue which may arise from your use of the Services.
11. NO WARRANTIES:
Bluesky makes no warranty, express or implied (other than statutory warranties), with respect to the Equipment and Services.
12. ACCEPTANCE OF TERMS:
Your signature of the Application Form will constitute acceptance of these Terms and Conditions and any amendments. The Application Form and these Terms and Conditions together constitute your Contract with Bluesky for the Services.
13. REVISION OF TERMS AND CONDITIONS:
Bluesky reserves the right to revise these Terms and Conditions (incl pricing) at its discretion at any time without prior notice.

 

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