About Us

The following are the general terms and conditions that apply to 4k pro Services. Capitalized terms used and not otherwise defined herein will have the meanings set forth in the 4K PRO  Agreement (the “Agreement”), the Booking Policy (the “Policy”)

Service Provision: References in these General Terms and in the Agreement and Policy to 4K Pro mean the 4K Pro Affiliate that is party to the Agreement. Unless otherwise set out in these General Terms , no other 4K Pro member is bound by the terms and conditions of an Agreement or any Confirmation Order except for the 4K Pro Affiliate entering into the Agreement. Notwithstanding, the Service may be provided in whole or in part by any 4K Pro Affiliate, or by third-parties with whom 4K Pro has contracted for certain services to be provided as part of a Service.

• Compliance. Each Party shall comply with all Applicable Laws in relation to the Service and its respective obligations under the Operational Requirements. Customer is solely responsible for the content of all Customer Transmissions, and warrants and represents that it holds all necessary rights and licenses for the use and distribution of such contents. Customer’s obligation to comply with all Applicable Laws also includes an obligation to comply with any applicable requirements or restrictions on the use of the Service in any jurisdiction in which Customer uses the Service or in which the Service can be received, including prohibitions or restrictions regarding the content of material transmitted (e.g., laws, requirements, or restrictions relating to intellectual property rights, encryption, access, labeling of content, defamation, obscenity, public order, public security, content, information, privacy, and data security). Upon request from 4K Pro, Customer shall promptly certify in writing that Customer’s use of the Service complies with this Section ‎2 (Compliance). 4K Pro's ability to perform is subject to compliance with Applicable Laws. Customer acknowledges that coverage of a country or territory by the Satellite System does not imply that Service is permissible to or from earth stations located in that country or territory. Unless otherwise specified in a Service Order, Customer shall obtain and maintain throughout the relevant Service Duration, and SES will have no responsibility for providing, any concessions, permits, licenses or other authorizations required under Applicable Laws (including authorizations required under applicable Trade Control Laws) related to use of the Service and Customer Equipment.
• Information Requests. Subject to Applicable Laws, each Party shall provide such information or documentation as reasonably required by the other Party to respond to any request for information made by a governmental or regulatory agency in relation to the Service or the use of the Service.
• Permitted Use. Customer may resell the Service to End Users, but only as part of a value-added telecommunications service. Any use of the Service by End Users (including third-party earth station providers) is deemed to be use by Customer. Customer shall not, without 4K Pro’s prior written consent, sell, resell, lease or otherwise transfer or provide the Service to any Sanctioned Person.
• Payments: Customer shall pay all amounts in the currency specified in the Agreement or Order Confirmation (Euro or US Dollar).
• Customer shall make such payments without offset, withholding, or deduction of any kind by wire transfer to such bank account as 4K Pro may designate in writing to Customer. All payments will be deemed to have been received when 4K Pro’s designated bank account has been credited with such payment.
• Any payment due from Customer that is not received by the date it is due will accrue interest at the rate of the lesser of 1.5% per month or the maximum rate permitted by law, calculated from the date payment was due until the date it is received, and Customer shall pay such interest promptly upon request by 4K Pro.
• If Customer is delinquent as to payments due for a Service, then 4K Pro may, with respect to such Service and in 4K Pro’s sole discretion, apply to such delinquency any Customer payments or Security received for any other Service.
• Reliance. The Parties acknowledge that the price and other commercial terms set forth in the Agreement, the Policy and any Order Confirmation have been agreed by the Parties in reliance on such terms and on these General Terms (all of the aforesaid terms together, hereinafter the “S&E Terms”), including the limitations and exclusions of liability, the disclaimers of warranties, and Customer’s indemnity obligations set forth in these General Terms, and that the same form an essential basis of the bargain between the Parties.
• Taxes: Customer shall pay, and will in all events be solely responsible for, any Taxes levied or withheld on the provision or use of the Service, any Customer equipment, or any amounts payable by Customer for a Service. Customer shall pay such additional amounts to 4K Pro as are necessary to make 4K Pro whole for any Taxes levied or withheld. Customer will not be responsible for any Taxes imposed on the net income of 4K Pro by any country or jurisdiction imposing tax on income from all sources by reason of SES being incorporated in, or otherwise being considered a resident of, such country or jurisdiction.
• Mutual rights to terminate. Each Party has the right to terminate the Service Agreement upon notice to the other Party if: (i) the other Party commits a material breach of any of its material obligations under any 4K Pro Terms, excluding any event covered by clause (b) (Termination related to Customer non-performance), and fails to remedy such breach within 30 Days after having received notice of breach from the other Party (except that no cure period applies to a material breach that is not capable of remedy), but only if the notice is provided within 30 Days after the non-breaching Party knew or should have known about the breach; or (ii) the other Party or any of its officers, principals, or other key personnel is or becomes designated as a Sanctioned Person; provided, however, that the right of termination under this clause will immediately expire when and if the non-breaching Party remedies the relevant breach or the designation as a Sanctioned Person for the relevant person is removed, as applicable.
• Each Party has the right to terminate the affected portion of the Service upon 30 Days’ notice (except as such notice period is specified otherwise below) to the other Party if:a competent regulatory authority terminates or suspends 4K Pro’s right or authorization to provide the Service or to operate the Network Facilities and this action results in 4K Pro not providing the Service in accordance with the Service Specifications; provided, however, that, if 4K Pro resumes providing the Service in accordance with the Service Specifications prior to the expiration of the termination notice period, then any notice of termination previously provided under this clause will be void and without effect; or
  4K Pro modifies the Network Facilities (excluding situations where the Service is transitioned to another Satellite in accordance with the Operational Requirements) and these actions result in SES not providing the Service in accordance with the Service Specifications; provided, however, that, if 4K Pro resumes providing the Service in accordance with the Service Specifications prior to the expiration of the termination notice period, then any notice of termination previously provided under this clause will be void and without effect
• Termination related to Customer non-performance. 4K Pro has the right to terminate the Service Agreement and cease to provide Services to Customer upon notice to Customer if (i) Customer fails to pay any amount when due pursuant to the Terms, (ii) Customer fails to provide or maintain Security pursuant to the provisions of Terms , (iii) Customer fails to cease any activity in breach of Section ‎2 (Compliance) immediately after receiving telephone, email, or other notice from 4K Pro.
• Consequences of Termination. The expiration or termination of any 4K Pro Terms will not affect or prejudice any provisions of, or rights a Party may have under the 4K Pro Terms, which (A) arise prior to such termination or expiration, (B) arise as a result of such termination or expiration, or (C) are expressly or by implication provided to continue in effect after such expiration or termination or that, due to their nature, would be expected to survive termination or expiration.
• Suspension: 4K Pro may Suspend the Service if:
  • as a result of Customer’s use of the Service, there is a substantial risk that any member of the 4K Pro Group: (A) could be or is indicted or charged as a criminal defendant, or otherwise could become or becomes the subject of any judicial, governmental, or administrative proceeding or investigation that may result in fines, sanctions, or non-monetary remedies; or (B) could become or becomes subject to any other action that could result in the revocation, suspension, or loss of any license, ability or right of 4K Pro to do business, provide services, capacity, or equipment to Customer or others;
  • Customer’s transmissions to the Satellite System are being “jammed” or otherwise intentionally interfered with by a third-party (governmental or otherwise), in which case 4K Pro shall use commercially reasonable efforts to cooperate with Customer to resolve such jamming or interference as promptly as possible to restore the Service; or
  • Customer is in breach of Section ‎2 (Compliance);
  • 4K Pro receives a request to suspend or terminate the Service from a third party satellite operator or from a regulatory or governmental authority; or
  • 4K Pro has the right to terminate the Agreement under Sections ‎5(a) (Mutual rights to terminate) or 5(c) (Termination related to Customer non-performance), without prejudice to any of 4K Pro’s other rights under Section ‎5.
• 4K Pro may continue to Suspend Service under this Section ‎6 (Suspension) until any action, threat of action, or condition giving rise to such right is resolved in 4K Pro’s favor or removed and, in each case, until assurances are given to 4K Pro’s satisfaction that the matters giving rise to the Suspension will not reoccur.
• 4K Pro shall provide Customer with as much advance notice as is reasonably practicable under the circumstances of any Suspension. Upon receipt of a notice of a Suspension, Customer shall immediately cease (and cause any End Users to immediately cease) all Customer Transmissions.
• Liability-Related Provisions: In no event will either Party be liable for any direct or indirect loss of revenues, profits, business, savings, or goodwill, or for any indirect, incidental, consequential, punitive, special or other similar damages, whether foreseeable or not, occasioned by any default hereunder or any other cause.
• Nothing in this Section ‎7 (Liability-Related Provisions) will operate to limit or exclude a Party’s liability for: (i) fraud, or willful misconduct; (ii) its indemnification obligations under these General Terms or any other 4K Pro Terms; (iii) Customer’s payment obligations (Consequences of Termination); (iv) with respect to Customer, any damages that occur as a result of Customer’s failure to immediately cease transmissions to the Satellite System as required under Section ‎6(c) (Suspension), Section 5(d) (Consequences of Termination), or the Operational Requirements; or (v) any liability which cannot be excluded or limited under the Governing Law.
• Except for a warranty expressly made with respect to Purchased Equipment, 4K Pro expressly excludes and disclaims any and all warranties, including warranties of merchantability or fitness for a particular purpose or use to the extent possible by Applicable Law.
• 
  
• IN ANY EVENT AND WITHOUT DEROGATING FROM ANY OF THE FOREGOING, SES’S MAXIMUM AGGREGATE LIABILTIY ARISING OUT OF OR IN CONNECTION WITH THE S&E TERMS AND ANY SERVICE PROVIDED SHALL NOT EXCEED THE LESSER OF (1) THE TOTAL FEES OF 1 DAY ACTUALLY PAID BY THE CUSTOMER FOR THE SERVICE OR (2) THE FEES PAID BY THE CUSTOMER FOR ANY 4K Pro's SERVICES DURING THE ONE MONTH PERIOD PRECEDING THE EVENT FOR WHICH SUCH LIABILITY WAS INCURRED.

Force Majeure: Neither Party will be liable to the other for non-performance or defective or late performance of its obligations under the 4K Pro Terms or any Service Order to the extent that such non-performance, defective or late performance is due to a Force Majeure Event.