This Agreement (the “Agreement”), when signed by the applicant and accepted by Hang 10 TV, constitutes a binding contract between Hang 10 TV and the individual or entity executing the signature page of this Agreement (the “Subscriber”). Subscription rights, privileges and obligations commence when the Agreement is signed by both parties (the “Effective Date”).
- THEREFORE, the Parties agree as follows:
The subscriber enters into a minimum 6-month contract with Hang 10 TV for the service of Internet Television based upon the choices made under the plans (the “plans”) section of this contract.
- Hang 10 TV will deliver the preprogrammed set top box(s) within 24 hours of this signed mutual agreement. If shipping is required, the shipment will be prepared and shipped within 24 hours using the most reasonable shipping method available.
- Subscription Payment.
Seller agrees to the monthly subscription cost associated with the “plan” they choose. We accept all major credit cards.
- Inspection of Goods & Rejection. Subsriber is entitled to inspect the Set top Box(s) upon delivery. If the Goods are unacceptable for any reason, Subsriber must reject them at the time of delivery up to five (5) business days from the date of delivery. If Subscriber has not rejected the Goods within five (5) business days from the date of delivery, Subscriber shall have waived any right to reject that specific delivery of Goods. In the event Subscriber rejects the Goods, Subscriber shall allow Hang 10 TV a reasonable time to cure the deficiency. A reasonable time period shall be determined by industry standards for the particular Goods, as well as the Subscriber and Hang 10 TV.
- Risk of Loss. Risk of loss will be on Hang 10 TV until the time when the Subscriber accepts delivery. Hang 10 TV shall maintain any and all necessary insurance in order to insure the Goods against loss at Hang 10 TV’s own expense.
- Ownership. The set top box(s) shall remain the property of Hang 10 TV for the duration of the contract and must be returned within 7 day of the termination of the contract. Failure to return the set top box(s) and all of the included parts will result in a 2100 MXN charge to your payment method of choice. The exception to this rule is if the set top box(s) are pre-purchased by the subscriber or purchased at the termination of this contract. The cost to pre-purchase a set top box is 2100 MXN. Set top box(s) may be purchased at the end of the 6 month contract for 900 MXN if the subscriber wishes to retain ownership of the set top boxes. Subscriber must purchase the set top box if they intend to remove the box from Mexico.
- Excuse for Delay or Failure to Perform. Hang 10 TV will not be liable to the Subscriber for any delay, non-delivery or default of this Agreement due to labor disputes, transportation shortage, delay or shortage of materials to produce the Goods, fires, accidents, Acts of God, or any other causes outside of Hang 10 TV’s control. Hang 10 TV shall notify Subscriber immediately upon realization that it will not be able to deliver the Goods as promised.
- Termination. This Agreement may be terminated at any time by either Party upon written notice to the other party. Subscriber will be responsible for payment of all Goods delivered and accepted up to the date of termination and the remainder of the contract as agreed.
- Disclaimer of Warranties. THE SET TOP BOX(S) REMAIN THE PROPERTY OF HANG 10 TV AND AS SUCH ARE FULLY WARRANTED FOR THE ENTIRETY OF THEIR TIME WITH THE SUBSCRIBER. ANY ISSUES WITH THE SET TOP BOX(S) WILL BE RESOLVED AT THE COST OF HANG 10 TV WITH THE EXCEPTION OF A COMPLETE RESET OF THE SET TOP BOX BEING PERFORMED BY A SUBSCRIBER (THERE WILL BE A 1000 MXN FOR A NEW SET TOP BOX TO BE SET UP AND DELIVERED TO A CLIENT IN THIS SITUATION). IF THE BOX(S) ARE PURCHASED BY THE SUBSCRIBER EITHER BEFORE THE BEGINNING OF THE SUBSCRIPTION OR AFTER THE INITIAL 6 MONTHS THE SET TOP BOX(S) DEFAULT TO THE MANUFACTURERS STANDARD WARRANTY.
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY, WHICH ARE NOT RELATED TO OR THE DIRECT RESULT OF A PARTY’S NEGLIGENCE OR BREACH.
- Severability. In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.
- Waiver. The failure by either party to exercise any right, power or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
- Remedies and Legal Fees. In the event of a dispute, Subscriber’s sole remedy for any and all losses or damages resulting from defective Goods or from any other cause will be for the purchase price of the particular Goods with respect to which losses or damages are claimed, plus any shipping costs paid by Subscriber. In the event such dispute results in legal action, the successful party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.
- Legal and Binding Agreement. This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding. The Parties each represent that they have the authority to enter into this Agreement.
- Governing Law and Jurisdiction. The Parties agree that this Agreement shall be governed by the State of Baja Sur California, Mexico in which both Parties do business. In the event that the Parties do business in different States and/or Countries, this Agreement shall be governed by Mexican law.
- Entire Agreement. The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.