• DEFINITIONS
  
  In this Agreement, unless otherwise indicated by the context, the following terms shall bear the following meanings:
  
  • "Agreement" shall mean the General Terms & Conditions, the Application Form and the Policies.
  • "Application Form" shall mean the application and order placed by the Customer with IDM and all annexes attached thereto for the provision of the TV Streaming service “IDMplay” and incorporated as an integral part of this Agreement.
  • "STB" shall mean the set-up box which is an information appliance device that delivers the television content.
  • "Fees" shall mean the connection charges, monthly subscription fees, usage charges, equipment cost and any other charges pertaining to the provision of the IDMplay services and any other services provided to the Customer under this Agreement as described in the Price List.
  • "Commencement Date" is the date of the STB installation at the customer’s premises.
  • "Company" is Inconet Data Management “IDM” who provides the TV Streaming service.
  • "Customer" is the end-user who subscribes to the TV Streaming service.
  • "IDMplay” is the TV Streaming service provided by IDM.
  • "Installation" shall mean the installation of the STB [on a location].
  • "Price List" shall mean the Price List form incorporating the Fees and posted on IDM’s website, as may be modified by the Company from time to time.
  • "Service" shall mean the TV content delivered over Internet Protocol Networks
  • "Term" shall mean the term of this Agreement as indicated on the Application Form, commencing on the Commencement Date.


• GENERAL TERMS AND CONDITIONS
  
  2.1 This Agreement shall be effective on the Commencement Date and shall continue in force during the Term.
  2.2 This Agreement defines the terms and conditions under which the Company provides the service to the Customer and under which the Customer accesses and uses the Service.
  2.3 The signature of the Application Form implies the consent of the Customer of these General Terms & Conditions.
  2.4 This Agreement may be terminated:
  • by the Customer by giving to IDM a written notice of termination not less than 30 days before the expiration of the Term or any renewals thereof (as the case may be); or
  • by IDM, immediately upon a written notice to the Customer and without recourse to the competent jurisdiction in the event of termination or expiration (for whatsoever reason) of the License.
  • by IDM, without the need of a prior notice to Customer and without recourse to the competent jurisdiction in case Customer commits a breach of the terms and conditions of this Agreement and/or the Policies, including but not limited to failure to settle the payments of any Fees due hereunder.
  2.5 The Application Form placed by the Customer with IDM is subject to IDM's approval, such approval to be at IDM’s sole discretion. Customer hereby represents and warrants that all information provided by the Customer in the Application Form is true and accurate.


• COMPANY LIABILITY
  
  3.1 Notwithstanding anything to the contrary in this Agreement, the Services are provided on an "as is" and "as available" basis and the Company does not guarantee or warrant that the Services will be uninterrupted and/or error-free. TV Streaming services may vary or fail altogether due to factors which are not within the control of IDM such as, but not limited to, [atmospheric, geographic, or topographic conditions, network signal quality and interference], Internet technical problems. The Customer hereby acknowledges and accepts that the Services may be interrupted or may fail from time to time.
  3.2 In no event the Company shall be liable for any loss or damages suffered or incurred by the Customer arising from or in connection with the provision or the use of the Services hereunder whether direct, indirect, incidental, special, or consequential loss including loss of profit, revenue, anticipated savings or business, data or goodwill, value of any equipment including software, claims of third parties and costs and expenses associated with or incidental to any of the foregoing or caused by any negligent act or omission on the part of IDM, its employees or agents.


• CUSTOMER LIABILITY
  
  4.1 The Customer shall be responsible for obtaining all necessary approvals imposed by the competent authorities in relation to the supply, delivery and/or Installations of STB hereunder, and the Customer shall indemnify the Company against any claims, losses or liabilities suffered by the Company which are related to or derived from Customer’s non-compliance with the terms of this Clause.
  4.2 All risks related to the STB supplied and delivered by the Company under this Agreement shall pass to the Customer upon delivery and Installation.
  4.3 If the STB is lost, stolen, damaged or transferred to a third party, the Customer shall immediately notify the Company in writing and until such notification, the Customer shall remain liable for all costs and Fees pertaining to such STB. IDM shall, as soon as reasonably possible, replace the STB. The cost of any such replacement of STB shall be solely on the Customer’s account. Any loss, theft, damage, transfer and/or the replacement of the STB for any reason whatsoever shall in no event be deemed to constitute a termination of this Agreement, which shall continue to be of full force and effect.
  4.4 The Customer hereby undertakes to and warrants that Customer:
  • shall not use nor allow the Services to be used for any improper, immoral or unlawful purposes, nor in any way which may cause injury or damage to persons, entities or properties or an impairment or interruption to the Services. Customer shall be liable for any unlawful or unauthorized use of the Services hereunder, even if it was used by a third party.
  • shall not re-sell the service to a third party.
  • shall not re-distribute the service or allow access for any entity outside the Customer premises.
  • shall only use the STB provided by the Company in compliance with all relevant laws and regulations and all directives and Policies issued from time to time by the Company relating to the use of STB and the Services.
  4.5 The customer grants IDM and its employees, representatives and/or agents the right to enter the customer’s premises and access the equipment and wiring within the customer’s premises to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the equipment, or install new equipment.
  4.6 The Customer shall indemnify and keep the Company, its employees, shareholders and agents indemnified against any and all claims, costs, damages, expenses, liabilities, demands and losses which the Company may suffer or incur as a result of or in connection with any claim relating to the Customer’s and/or any other person's use of the Services through the Customer’s account(s), including without limitation, claims for defamation, infringement of copyright or any other intellectual property rights, or in connection with Customer’s breach of any term, condition, undertaking and warranties hereunder.


• CHANNELS & CONTENT
  
  5.1 The channels list provided by IDM may from time to time be modified where certain channels may be added, removed or replaced. IDM does not guarantee that a given channel will continue to be available.
  5.2 Channel allocations, broadcast channels and other services and may add, remove or replace channels without any prior notice.
  5.3 The customer acknowledges and agrees that it has no right to receive, and IDM has no obligation to provide, any particular programming service or channel as part of IDM's IDMplay TV Streaming Service and that the customer is not entering into this agreement or purchasing IDMplay TV Streaming Service in reliance on an expectation or promise (explicit or implicit) that any particular programming service or set of programming services shall be included as part of IDMplay TV Streaming Service.
  5.4 In the event that a particular program or channel becomes unavailable, either on a temporary or permanent basis due to any reason, IDM shall not be liable for compensation, damages, credits or refunds of fees for the missing or omitted content.
  5.5 The customer understands and agrees that by using the IDMplay services, the customer or the users of the service may be exposed to materials or content that may be offensive, sexually explicit or objectionable to the customer. Under no circumstances will IDM be liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any content provided by IDM’s services.


• FEES
  
  6.1 In consideration of the provision of the Services, the STB and any other services supplied by the Company to the Customer hereunder, the Customer shall effect payment to IDM of the applicable Fees, as described in the Price List and whether or not the Services have been, or are being used by the Customer.
  6.2 IDM may, at its own discretion, modify future fees, either in whole or in part, with effect from the date specified in such notice.
  6.3 Unless otherwise instructed by the Company in writing, Customer shall effect all payments hereunder directly to IDM.
  6.4 The Company provides the Customers with different methods of payment depending on their chosen service plans. Post-paid accounts will have monthly invoices issued for automatic bank withdrawal. Unless otherwise specified on the invoice, issued invoices are formal notices to pay within 10 days at most as of the issuance date. Invoices comprise the monthly subscription fees and the usage cost and when applicable the cost of STB, adjustments, and taxes, etc. Unless otherwise agreed in writing by the parties, invoices to be sent to the Customer at his bank address.


• INTERRUPTION; SUSPENSION; TERMINATION
  
  7.1 IDM may at any time, without notice to the Customer suspend or interrupt the Customer's access to the Services in the event that any modification, maintenance or remedial works are required to be undertaken pertaining in any manner whatsoever to the Services or. The Company will endeavor to inform the Customer in the event of planned maintenances.
  7.2 In case the Customer fails to pay in total or in part any invoices under this Agreement, the Company reserves the right to immediately suspend the Customer’s account and/or terminate this Agreement and to take all necessary measures in order to recover the due sums.
  7.3 IDM reserves the right to immediately suspend Customer’s account and/or terminate this Agreement in case Customer breaches any terms and conditions of this Agreement and/or the Policies. In case of Customer’s account under a postpaid plan, any suspension or termination hereunder shall not affect the right of IDM to receive the applicable Fees until the end or termination of this Agreement.
  7.4 In no event shall IDM be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond IDM’s reasonable control.
  7.5 In the event of service interruptions, whether due to any satellite malfunction, Internet outage, systems upgrade, maintenance, repair or any other reason, for a maximum period of 30 days during one year, IDM will not be liable for any compensation, damages, credits or refunds of fees.


• TERMS OF USE
  
  8.1 The customer shall not intercept or assist in the interception or receipt of, resell, distribute or duplicate any channels provided under IDM services and shall not use IDM services to engage in any illegal or prohibited activity.
  8.2 The services provided are solely for the customer’s personal, residential use and the customer shall not use the services for any commercial purpose.
  8.3 The customer understands and agrees that the programs, content and other services provided through IDM’s network must be solely used at the customer’s residence where the customer may not directly or indirectly charge any fee as a condition to viewing the channels provided by IDM and may not duplicate or redistribute these channels.


• STB WARRANTY
  
  9.1 Warranty of STB provided by the Services provided hereunder excludes damages caused by abnormal use or conditions, misuse, neglect, abuse, accident, improper handling or storage, exposure to moisture, unauthorized modifications, alterations, or repairs, improper installation, improper use of any electrical source, undue physical or electrical stress, operator error, non-compliance with instructions or other acts which are not the fault of IDM. It also excludes damages from external causes such as floods, storms, fires, sand, dirt, earthquakes, Acts of God, and exposure to sunlight, weather, moisture, heat, or corrosive environments, electrical surges, battery leakage, theft, or damage caused by the connection to other products not recommended for interconnection by IDM. IDM reserves the right to determine the cause of the damage and, at its sole discretion, to replace or repair the STB.
  9.2 Warranty of STB is valid for 6 months as of installation date.


• APPLICABLE LAW AND DISPUTE SETTLEMENT
  
  The interpretation of this Agreement and the rights and obligations of the parties and all questions relative to the execution, validity and performance thereof, shall be governed by and interpreted in accordance with the laws of the Republic of Lebanon. All disputes arising out of the interpretation or execution of this Agreement shall be settled by the Beirut Courts.

• To benefit from the bundle, it’s required to have an active ADSL Internet account from IDM and an installed and active Cablevison or Econet receiver.
• If any of the required services is not available, you can apply for the missing service(s) and benefit from the bundle once the missing service(s) becomes active.
• The ADSL Internet service is subject to feasibility study.
• The Cablevision TV service is subject to signal availability at the customer premises.
• To bundle your Internet and TV accounts, login to account management http://myaccount.idm.net.lb/ and follow the instructions.
• Upon bundling, the selected bundle will be activated on the first cycle that follows the expiry of the Internet subscription.
• A bundle cannot be renewed until the Internet subscription expires and all prepaid cards in the queue are activated and consumed.
• Upon renewing a bundle
  • If the Internet subscription is active, the prepaid card will be added to the queue and no action is taken on the Internet Account or on the TV account until the current Internet subscription expires and the bundle prepaid card in the queue is activated.
  • If the Internet subscription is expired:
    • The Internet will be renewed for 30 days
    • On the receivers within the bundle, the TV packages included in the activated bundle will be extended by 30 days if already active, or renewed for 30 days if already expired or inactive.
• To benefit from the multiple TVs access in your bundle, it is required to have a Cablevision/Econet receiver supporting multi-view.
• The bundle subscription does not cover any additional hardware cost.
• You can request to stop the bundle at any time. Unbundling the services will be effective at the end of the current Internet subscription cycle.
• Original applicable Terms and Conditions related to the Internet and TV service providers will continue to apply to the Internet and TV subscriptions within the bundle.
• The maximum Internet speed is affected and determined by the distance and physical conditions of your landline
• ADSL subscription will always expire at the end of the month irrespective of the date of the prepaid card activation
• The Internet service is governed by a Fair Use Policy found at http://www.idm.net.lb
• Cablevision does not guarantee the availability of the service at the customer’s specified location.
• It is the responsibility of the customer to ensure that cablevision has the rights and permissions required to access the different building or complex sections and install the needed equipment.
• The customer warrants that he has obtained the legal authority of the owner to authorize cablevision personnel and/or its agents to enter the premises for the purpose of installation and/or maintenance of the service.
• The customer grants cablevision and its employees, representatives and/or agents the right to enter the customer’s premises and access the equipment and wiring within the customer’s premises to install, connect, inspect, maintain, repair, replace, disconnect, remove or alter the equipment, check the signal or install new equipment.
• Cablevision will not be responsible for any internal cabling inside the customer’s apartment. It is the responsibility of the customer to ensure that the coaxial cabling inside the apartment is available at each viewing point (i.e. next to each TV where a receiver needs to be installed) and that all the coaxial cables are issued from a single concentration (distribution) point. cablevision’s responsibility in terms of cabling will be limited to connecting all the cables at the concentration point to a signal distribution device (multi-switch) and connecting the receivers to an existing wall socket terminating the existing coaxial cables.
• Subscription fees are collected in advance on the beginning of every month.
• Cablevision has the right to terminate the subscription and stop the service in case the customer fails to settle outstanding subscription fees
• The channels list provided by cablevision may from time to time be modified where certain channels may be added, removed or replaced. cablevision does not guarantee that a given channel will continue to be available
• Cablevision may from time to time change the channels’ list and / or programming, program services, program packages, number of channels, channel allocations, broadcast channels and other services and may add, remove or replace channels without any prior notice.
• In no event shall cablevision be liable for any failure or interruption of program transmissions or service resulting in part or entirely from circumstances beyond cablevision's reasonable control.
• In no event shall cablevision be liable for any indirect or consequential damages, even if such damages are proven to be a result of a breach by cablevision of any of its obligations.
• In the event of service interruptions, whether due to any satellite malfunction, systems upgrade, maintenance, repair or any other reason, for a maximum period of 30 days during one year, cablevision will not be liable for any compensation, damages, credits or refunds of fees.
• Cablevision may, at its own discretion, modify future subscription fees, either in whole or in part, with effect from the date specified in such notice.
• The customer acknowledges and agrees that it has no right to receive, and cablevision has no obligation to provide, any particular programming service or channel as part of cablevision's Video Service and that the customer is not entering into this agreement or purchasing cablevision's Video Service in reliance on an expectation or promise (explicit or implicit) that any particular programming service or set of programming services shall be included as part of cablevision's Video Service.
• In the event that a particular program or channel becomes unavailable, either on a temporary or permanent basis due to any reason, cablevision shall not be liable for compensation, damages, credits or refunds of fees for the missing or omitted content.
• The customer understands and agrees that by using the cablevision services, the customer or the users of the service may be exposed to materials or content that may be offensive, sexually explicit or objectionable to the customer. Under no circumstances will cablevision be liable in any way for any claims, losses, actions, suits, proceedings, or any damages relating to any content provided by cablevision’s services.
• The customer shall not intercept or assist in the interception or receipt of, resell, distribute or duplicate any channels provided under cablevision services and shall not use cablevision services to engage in any illegal or prohibited activity.
• The services provided are solely for the customer’s personal, residential use and the customer shall not use the services for any commercial purpose.
• The customer understands and agrees that the programs, content and other services provided through cablevision’s network must be solely used at the customer’s residence where the customer may not directly or indirectly charge any fee as a condition to viewing the channels provided by cablevision and may not duplicate or redistribute these channels.
• Cablevision may terminate the services it is offering to the customer immediately at any time, without prior notice, if the customer fails to fully comply with the terms of this service and with cablevision’s Acceptable Use Policy or for any reason or no reason.

IDM reserves the right to modify or change its services' prices, terms and conditions without prior notice according to the market requirements.

This service may only be used for lawful purposes. Materials and/or transmissions in violation of Lebanese Republic regulations is prohibited. This includes, but is not limited to, any hacking activity, threatening or obscene material, or material protected by trade secret.

IDM or other relevant authorities may determine from time to time inappropriate usage of this account and the privilege may be revoked at IDM discretion. Should this occur, the Customer will be informed in writing of this action.

Customers sending massive e-mails (commercial or junk) will not be tolerated and will result in their automatic account termination.

Use of any information obtained via this service is at Customer’s risk. IDM specifically denies any responsibility for the accuracy or quality of information obtained through its service.

For security reasons, IDM strongly recommend to its Customers after activating their account to change the login password through the interactive on-line service available on the IDM web site.

Even though equipped with high-standard security devices, IDM cannot be responsible for security problems, privacy violation, junk e-mail or any damage that may arise to the Customer due by the action of hackers or network trouble-makers.

IDM has created its own commercial email data base for its internal use. In case the Customer wants to remove his name from IDM internal database, he shall send his request to support@idm.net.lb

The user's E-mail addresses provided by IDM is considered by the company as an official mean of communication.

IDM DSL account offers 1 Mailbox of 250 MB of storage capacity, The outgoing/incoming emails that can be sent/received are maximum 30 MB (including the headers), each e-mail could be addressed to a maximum of 20 different addresses at a time, in order to limit unsolicited usage of e-mail.

A warning message to the users will be sent when they reach 80 % of their capacity. Each email message received for a full mailbox, will be rejected with a "Mailbox Quota Exceeded" error message.

With respect to the service provided, IDM makes no warranties of any kind, whether expressed or implied, including any implied warranties or fitness of the IDM service for a particular purpose. IDM takes no responsibility for any damages suffered by the Customer including, but not limited to, lost savings, lost profits or lost opportunities, loss of data from delays, nondeliveries, misdeliveries, or service interruption caused by Customer’s errors and/or omissions or any other unpredicted cause.

Send all correspondence to IDM sal, Jisr el Bacha, El Bacha Garden Bldg, Beirut, Lebanon.

Direct all questions via e-mail to: support@idm.net.lb

The contract is valid for 1 month. It will be automatically renewed under the same conditions unless IDM is notified by the Customer 7 days before the end of the month.

The Customer can Cancel or Suspend his account at any time, by sending a written notice to IDM, via e-mail to the Customer Support to support@idm.net.lb or a FAX to (01) 01-56 00 65 ext. 8048.

Cancellation terminates completely the access to the service. Suspension maintains the Customer’s username and mail-box active on the IDM server for a period of 3 months.

IDM reserves the right to cancel the access to the service with written notice, reimbursing unused fees where appropriate on a pro-rated basis 15 days prior to the contract terms.

• copy of ID
• For Credit Card customers: copy of a valid Credit Card or Credit Card form provided by IDM
• For Direct Bank Withdrawal customers: Direct Bank Withdrawal form provided by IDM to be filled and approved by the customer’s bank

The account of Customers paying through Direct Bank Withdrawal will be activated only upon the receipt of the Direct Bank Withdrawal signed by the Customer’s bank.

When the Credit Card expires, the Customer must send to IDM a signed copy of the new Credit Card, otherwise his account will be automatically suspended.

In the event that a Credit Card charge is denied, the Customer will be notified and must render payment in cash. Late payment will result in a 10% surcharge penalty on the balance amount.

IDM monthly services shall be paid in advance. IDM Billing cycle is calculated on a 30-days basis, starting the beginning of the month. Subscriptions effected in the middle of the month for the first period will be charged pro-rata, accordingly.

Connection hours not used during any given month will not be transferred or credited to any other month.

Customers exceeding their purchased monthly connection time will be billed by electronic mail the next month.

Customers prepaying in months increments will be billed for additional hours the next month at the current rate.

In case of returned payment, IDM is authorized to automatically stop the Customer’s account.

In case of any misuse by any IDM internet user and you desire information about such customer, kindly note that such information is highly confidential and cannot be disclosed to any other party, without an official request from the Public Prosecutor before the Court of Appeal in Beirut.

Upon receiving the official request (signed and stamped), IDM will take 48hrs to 5 working days to disclose the requested info provided, it is available in its log files.

For further clarification, please feel free to contact IDM’s head Office.

Saving your Credit Card or Debit Card details in an encrypted and well protected environment will allow you, when needed, to make payments to IDM in a very simple, fast, yet highly secure method.

Card Data will be encrypted and stored only at the Payment Gateway (Bank Audi), in a highly secure environment compliant with worldwide norms and regulations. IDM will only store a secure and unique identifier: The “Token”, generated by the Payment Gateway. Only the cardholder can initiate a transaction, authorizing IDM to use this Token in order to process a payment due to IDM.

By saving the Credit Card or Debit Card information, you will no longer need to provide the full card data every time you make a purchase or a refill. You will only have to provide your card’s CVV number for every payment. The unique Token is the only card related information that IDM will pass to the Payment Gateway in order for a payment to be collected.

By providing your CVV number at the Payment Gateway’s page, you are authorizing IDM to charge that card with the due amounts related to a purchase or a refill through IDM’s website.

You can remove a saved card at any time through IDM’s website. Removing a saved card however, does not in any means revoke IDM’s right to unsettled amounts incurred in connection with services offered by or through IDM and does not entail any modification to these services.

IDM will process all payments in US Dollars. Where your payment through the saved Debit Card or Credit Card involves a currency conversion, by saving a Debit Card or a Credit Card you consent to and authorize the card issuer bank to convert the currency accordingly.

In connection with your use of IDM’s website, your Account, or IDM’s Services, or in the course of your interactions with IDM, a User or a third party, you will not:

• Use your Account or the Services in a manner that IDM, Credit Card or Debit Card issuer or our bank acquirer and/or payment processors reasonably believe to be an abuse of the bank’s reversal process, credit card system or a violation of credit card association rules
• Use the Service to test credit card behaviors

Idle Days accumulated by activating one or more pause cards. These Idle Days allow an ADSL line to remain valid while the Internet subscription is not renewed. An ADSL line without remaining Idle Days, or without an active Internet subscription is considered as expired and will be canceled.

• The IDM Idle Days policy applies to Prepaid ADSL accounts.
• Purchased Idle Days accumulate from month to month when one or more pause cards are activated into the account.
• A subscriber can fill in any number of Pause cards into an account. Unused Pause cards will be added to the Pause cards queue.
• When the number of Purchased Idle Days reaches 5 for an account, the system will automatically activate one of the cards pending in the Pause cards queue and a number of Purchased Idle Days corresponding to the account’s subscription plan is added to the account’s already available Purchased Idle Days balance.
• If the number of available Purchased Idle Days in an account is above 5, all Pause cards filled into that account will be added to the pending Pause cards queue. The balance of Purchased Idle Days will remain unchanged. If the number of available Purchased Idle Days in the account is less than or equal to 5, one Pause card will be activated and a number of Purchased Idle Days corresponding to the account’s subscription plan is added to the account’s already available Purchased Idle Days balance; the remaining Pause cards will be added to the pending Pause cards queue.
• If a subscription expires by quota, and is renewed before the expiry of the subscription’s 30 days time period, remaining unused days will not be considered as Idle Days, and will not be added to the account’s Idle Days balance.
• Only Purchased Idle Days acquired by activating a pause card will be added to an account and will accumulate.
• If an account’s Internet subscription expires by Quota, the system will start deducting from the remaining Purchased Idle Days. When all Purchased Idle Days are consumed, i.e. when the number of remaining idle days reaches ZERO, IDM has the right to cancel the DSL account without any prior notice.