Online pricing is exclusive to online purchases.
Prices apply to your first Sky+/Sky+HD box only.
Sky+/Sky+HD box offer: Sky+HD offer ends 28 December 2009. Free Sky+HD box for new Sky TV customers taking Sky TV, Sky Movies Pack 1 or 2 and the HD Pack for 12 months. Offer also available to existing Sky TV customers joining Sky+HD with the HD Pack and taking a Sky TV package with Sky Movies Pack 1 or 2 for 12 months. Existing customers must also recommit to Sky TV for 12 months. Free Sky+ box for new Sky TV customers taking Sky TV for 12 months. Free Sky+HD and Sky+ box not available in conjunction with any other offer.
Sky TV Subscription and VAT changes: Monthly TV prices shown apply from 1 January 2010 (packages from £18 a month). Our current prices, which are shown in your basket on ordering, will apply to any period before 1 January 2010 in which your Sky TV account is active.
Online Marks and Spencer voucher offer: Join Sky TV online by 17 December 2009 and we'll send you a £50 Marks and Spencer voucher within 30 days of activating your viewing. Only available for new customers with their viewing card enabled by 17 January 2010. One voucher per household and only available when you join online. Marks and Spencer voucher is subject to separate terms and the offer is not available in conjunction with other offers.
Sky+HD: £10pm for the HD Pack. HD channels received depend on your Sky TV package. If you do not take up this Sky+HD offer Sky+HD box costs £49 when you take the HD Pack and Sky TV and existing customers sign up to another 12 month minimum term for Sky TV. One £49 box per household and not available if you already have SkyHD/Sky+HD box or if you take a Sky+ box at the same time. Sky+HD box up to £199 if you are not eligible for discounted price (Sky TV and HD Pack subscriptions required). Sky+ functionality requires a Sky+ subscription (free for Sky TV customers, or £10pm) and two satellite feeds. Sky+HD can store an average of 30 hours of high definition and 80 hours of standard definition programmes. HD ready TV required. Luxe TV HD, Channel 4 HD and BBC HD are available without subscription. Channel 4 HD requires a viewing card.
Set-up: Current standard set up lead times for new Sky TV customers for UK mainland currently average 7-10 days and are likely to increase before Christmas. Existing customers may be longer. Standard set-up for free Sky+HD box is £30 for new and existing Sky TV customers (£15 if you take a new Multiroom subscription). Standard set-up for £49 Sky+HD box is £30 for new customers (£15 if you take a new Multiroom subscription) and £60 for existing Sky TV customers (£30 if you take a new Multiroom subscription. Standard set-up for Sky+ box is £30 for new customers (£15 if you take Multiroom) or £60 for existing Sky TV customers. Non-standard set-up may cost extra. Standard set-up for a standard Sky box is £60 for new and existing customers. Standard set-up £117.45 without Sky TV. Non-standard set-up may cost extra. Sky Broadband set-up fees for existing Sky TV customers - £60 for Base, £30 for Everyday & Connect or free for Unlimited.
Sky TV Subscription: Packages from £18-£48.50 per month (pm). Sky Box Office costs extra.
Free Sky box offer: You do not have to subscribe to Sky TV. Limited to one per household.
Sky+: If you do not take up this Sky+ offer Sky+ box costs £49 for new Sky TV customers. For existing Sky TV customers Sky+ box £149 (or £49 when taking a new Multiroom subscription). Existing customers need to sign up to another 12 month minimum term for Sky TV. One £49/£149 box per household and not available if you already have Sky+/SkyHD/Sky+HD box or if you take a Sky+HD box at the same time. Sky+ box up to £199 if you are not eligible for discounted price (Sky TV subscription required). Sky+ can store an average of 40 hours of programmes. Sky+ functionality requires a Sky+ subscription (free for Sky TV customers, or £10pm) and two satellite feeds.
Multiroom subscription: £10 per month. Provides the same Sky TV channels as your main Sky TV subscription on a box in another room. You must subscribe to Sky TV throughout and an extra box is required for each Multiroom subscription. Each box you have must be connected to the same fixed telephone line at all times. To receive your HD subscription channels in another room, you'll need another Sky+HD box and HD Pack subscription.
Sky Broadband:You must subscribe to your chosen Broadband product for 12 months. Monthly subscription: Base £5; Everyday £10; Unlimited £15; you'll get £5 off each month provided you take Sky Talk. Sky Talk pricing and call rates may vary, current rates can be found at sky.com/skytalk. Broadband Connect product at £17 pm is available to customers outside our network area.
Sky Talk: 12 month minimum term applies to new Sky Talk customers and to existing customers taking up Sky Talk Line Rental. Sky Talk Line Rental requires a Sky Talk calls package at all times. Sky Talk is only available to Sky digital subscribers paying by Direct Debit/continuous credit card mandate. Calls only packages not available to BT line rental customers with BT Basics or if outgoing calls are barred. Compatible BT line required for Sky Talk line rental.
General: Prices shown apply to customers paying by Direct Debit. An additional 50p per month is payable by customers paying by continuous credit card. Your Sky box(es) must be connected to a fixed telephone line for 12 months. Sky+/Sky+HD box prices may vary if you live in a flat. You must get any consents required (e.g. landlord's). Minimum Sky TV/Sky+/HD Pack/Multiroom subscriptions 12 months. You must be 18 years or over. Prices subject to change. Information only applies to residential customers in UK, Channel Islands and Isle of Man. Further terms apply. Calls cost 5p per minute (plus up to 9p connection fee) for BT customers. Calls from other providers may vary. Correct at 20 November 2009.
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Please take a few minutes to read carefully the terms and conditions for the products and services you have ordered from Sky.
By allowing the Viewing Card to be used to receive your chosen Sky services you are accepting the terms and conditions in this Contracts Booklet that relate to those services. If you have ordered any digital satellite equipment (other than a Sky+ or Sky+HD box which have separate terms and conditions which are supplied with the box) either directly from Sky or from one of Sky's authorised retailers, then by allowing installation to commence you are accepting the terms and conditions in this Contracts Booklet that relate to its supply and installation.
Please take a few minutes to read the following important terms. Further terms and conditions are set out later in this Contracts Booklet, which you should also read carefully.
Yes, if you are 18 or over and the services are only used at your home in either the UK (including the Isle of Man and Channel Islands) or Republic of Ireland. If you move, please let us know your new home address.
This Contract sets out the conditions which you and Sky have to keep to in relation to the Sky digital service. This service does not include pay-per-view services; these are supplied under their own standard terms. The Contract also doesn't cover channels which are not part of the Sky digital service, such as non-subscription channels.
With a Multiroom subscription you receive the same Option and Stand-alone Premium Channels as you have chosen under your first Sky digital subscription through an extra Box, for an additional subscription charge. This means that you and your family can watch different Sky digital programming on two separate TVs in your house.
Each subscription lasts for a minimum of 12 months (the Minimum Term) from the first date we enable your Box to receive your chosen Service(s) (usually when you first insert your Viewing Card into the Box), unless you or we are allowed to end it earlier. We will charge you for the relevant service from this date. For details of when the contracts can be ended earlier see Condition 11 of the Sky digital Subscription Contract and Conditions 6, 7 and 8 of the Multiroom Subscription Contract. If you have ordered your Sky products and services directly from Sky by telephone, via the internet, by text or via Sky Interactive, you have the right to cancel your Contracts as set out in 'Your Rights to Cancel' at the end of this Contracts Booklet. If you ordered your Sky products from one of our door-to-door sales agents please refer to the cancellation policy set out in the documentation left with you by our sales agent.
If your Sky digital Subscription Contract or your Multiroom Subscription(s) Contract end during the relevant Minimum Term (other than where you have a right to end them either under the terms of the relevant Contract or under ‘Your Rights to Cancel’, ) we will charge you an early termination charge. Charges may also be payable to us under the Free Dish and Box Installation Offer if you end your Sky digital Subscription Contract during the Minimum Term. We may charge these amounts directly to the credit or debit card which you have provided us with details of, e.g. when you paid for the installation of your Digital Satellite System and, by entering into these contracts, you are authorising us to do so. We will give you reasonable notice before these charges are made.
Under the Sky digital Subscription Contract we can increase the prices for the Stand-alone Premium Channels at any time during the Minimum Term.
However, in all other cases we can only increase the relevant Subscription Payment once during the Minimum Term. This increase won't affect you during the first 60 days of your subscription to your chosen service(s) and will not be more than either 10% of your subscription or the increase in the UK Retail Price Index over the last 12 months before we tell you about that price increase, whichever is greater.
Under the Sky digital Subscription Contract, if at any time you change your chosen Option, you will pay the then current price for your new Option from the day you first receive it.
The limits on price increases do not apply after the Minimum Term of the relevant contract.
The limits on increasing your Subscription Payments during the Minimum Term don't apply to any increase in your Subscription Payment for your first Sky digital subscription where we add extra channels to your chosen Option and you choose to take them or, if you choose to take any extra Sky Premium Channels we may offer you. The limits also don't apply where, following a request or requirement by any regulatory authority or, as required by law, we change any aspect of our pricing which affects your Subscription Payment directly or our pricing structures generally.
If, during the Minimum Term, you choose not to receive extra channels we have added to your chosen Option under the Sky digital Subscription Contract, your Subscription Payment will not increase until the end of your Minimum Term when you will automatically receive all the channels in your chosen Option (including the extra channels) and pay the then current price for it.
We promise to give you at least one calendar month's notice before we put the price of your subscription(s) up, unless the price increase results from you changing your Service under your Sky digital Contract or we are required to increase our prices by law or because a regulatory authority requests or requires us to do so (if this happens we will try to give you reasonable notice). If you are not the payer of the relevant subscription, you should tell the payer of any price increase notice we send you.
The Service may change, as it is variable. This means that we can change programming, change or withdraw any Option, and change, withdraw or interrupt the Channels you receive in your Service. Your chosen Pack may offer you a variety of Channels which are broadcast by various broadcasters, including Sky. Although we aim to provide Channels that cover a wide range of interests, unfortunately we cannot guarantee the availability of any particular channel or programme.
• If we change any premium bonus Channel in your Option or any Channel in your chosen Pack into a channel which you would normally have to pay extra to get, you'll continue to get that Channel as part of your Option at no extra cost until the end of your Minimum Term (except for any Channel in your chosen Pack where the channel's owner won't agree that you can receive it in this way). If we introduce a charge for any other channel, we'll give you reasonable notice of what charge will apply if you wish to carry on receiving it.
• If we withdraw any Option or Channel and, as a result, you receive a cheaper Option from the one you received immediately before the withdrawal, we promise to reduce the price you pay to the then current price for that different Option.
• You can addone or more Stand-alone Premium Channels to your chosen Pack or Option.
• Bonus (including premium bonus Channels) and additional Channels are provided at Sky's discretion and you don't pay any extra for this part of your Service.
• If you receive any customer magazines, they will be supplied by BSkyB Publications Ltd and the cost of the magazines you receive is payable by you for them. The entertainment magazine is £1.75, the sports magazine is £1.25 and the movies magazine is £1.25. However your subscription payment will be discounted by the total price of the magazines you receive so you will pay the same total amount whether or not you receive any magazines.
Other important points about your Multiroom Subscription
• Each Multiroom subscription you take out can only be viewed at the same Address as your first Sky digital subscription.
• The Box used to receive your first Sky digital subscription must always be connected to a fixed and operational telephone line while any Multiroom subscription is in place. All the Boxes used to receive your Multiroom subscription(s) must also be connected to this line and number and you must let us collect information through this line, including your telephone number (caller line identification or CLI).
You may not be accepted if you owe us any money or your credit or fraud score is unsatisfactory. We can administer your account as we believe reasonable depending on the result of that or any future scoring, which may include applying different payment terms to your account. We may use information from, or supply information to, outside agencies for credit assessment and/or fraud prevention purposes.
How do special offers affect my Contract(s)?
If you take up a special offer, the terms and conditions of the relevant products and services will be varied to take account of the offer terms and conditions.
If you wish to share any comments on our products and services, please write to us at:
Sky Subscribers Services Limited
PO Box 43
Livingston
West Lothian
EH54 7DD
UK
Calls to and from Sky Customer Services may be recorded or monitored for training and other purposes.
By becoming a customer, you agree that any member of the British Sky Broadcasting group and any company which may succeed our businesses, may use and share, within that group the information you provide and other information we hold about you for account management and, unless you tell us otherwise, for market research, sending you periodic newsletters about your services, and the marketing of group and third parties' products and services, including for a reasonable period after you cease to be a Sky TV customer. This may include contacting you for marketing or market research purposes by post, telephone, email or SMS unless you tell us you don't want to be contacted for such purposes in any of these ways by calling us on 08442 41 41 41 or sending an email to mysky@bskyb.com.
We may also share such information with credit reference and fraud prevention services for use in credit decisions, and fraud detection and prevention purposes. If false or inaccurate information is provided and fraud is identified, the details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations may also access and use this information to prevent fraud and money laundering, for example, when: checking details on applications for credit and credit related or other facilities; managing credit and credit related accounts or facilities; recovering debt; checking details on proposals and claims for all types of insurance; or checking details of job applications and employees. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. Please contact us by emailing us at mysky@bskyb.com if you want to receive details of the relevant fraud prevention agencies. We may also share your information with other companies for debt recovery purposes.
In addition, we may provide information to third parties for the purposes of preventing or detecting crime or for the purpose of safeguarding national security. We also provide information when required to do so by law (for example under a court order) or in response to properly made demands in accordance with legislative powers. Disclosures made will be in accordance with applicable data protection legislation.
If you benefited from an interactive discount contract from Marketing Contributions Ltd, (i.e. to get a free dish and box), Marketing Contributions Ltd can use and share your information and information about your Digital Satellite System, with those companies that offer Interactive Services; and those companies may use your personal details for marketing and market research purposes relating to both these Interactive Services and associated products.
Information held by British Sky Broadcasting group about you may also be shared with our business partners for customer profiling purposes, analysis and, unless you have told us otherwise, so that they can contact you for marketing and market research purposes by post, telephone, email or SMS. You can tell us that you wish to be excluded from such uses by contacting us at 08442 41 41 41 or sending an email to mysky@bskyb.com.
These are the terms and conditions that you must keep to if you want to view the Service at your Address. You must also keep to Conditions 5, 6 and 7 relating to the Viewing Card even if you stop subscribing to Sky digital. This Contract is with British Sky Broadcasting Limited ("Sky"), which is responsible for providing the Sky digital subscription service, Sky Subscribers Services Limited ("SSSL"), which sends you your Viewing Card and BSkyB Publications Limited ("Sky Publications"), which publishes and will supply the satellite television magazine to you if you are eligible to receive it. SSSL will also provide customer services in relation to the Service as an agent for Sky, and in relation to the magazine as an agent for Sky Publications. References below to "we" or "us" shall be read as references to Sky.
You can contact us, Sky Publications or SSSL at PO Box 43, Livingston, West Lothian EH54 7DD, UK or call 08442 41 41 41 if you live in the UK or 0818 719 819 if you live in the Republic of Ireland.
1. Definitions
In these Conditions:
Address: the address of your home in either the UK or Republic of Ireland that you notify to us from time to time.
Box: an authorised digital satellite decoder capable of using Sky's digital conditional access (encryption) system.
Channels: the channels we may include in any Pack, the Sky Premium Channels, Stand-alone Premium Channels and any premium bonus and bonus and additional Channels we may offer.
Conditions: the conditions in this Contract set out below, together with the terms relating to Sky digital set out on the 'Important Terms' page in this contracts booklet , and any changes we may make to them in accordance with this Contract.
Contract: this contract authorising you to receive the Service for private viewing at your Address, your Viewing Card and a satellite television magazine (as applicable).
Minimum Term the first 12 months from the first date your Box can receive the Service under this Contract.
Option: any of the channel package options we offer (which must include at least one channel Pack in the Basic Pack).
Pack: a channel pack we may offer from time to time (currently known as '1 Pack', '2 Packs', '3 Packs', '4 Packs', '5 Packs', '6 Packs'/'Entertainment Pack' or one or more Sky Premium Channels). No Pack will include any Stand-alone Premium Channel.
Service: the Option, together with any Stand-alone Premium Channels, chosen by you. If during this Contract you want to change your chosen Option and we allow this, the Service includes the new Option you choose.
Sky Premium Channels: such of Sky Sports 1, Sky Sports 2, Sky Movies 1 and Sky Movies 2 as Sky transmits from time to time and/or any other channel we may tell you is a Sky Premium Channel (but this does not include Stand-alone Premium Channels). Sky Movies 1 and Sky Movies 2 are each made up of a number of different Sky Movies channels which are not available individually.
Stand-alone Premium Channel: a channel which you may choose to include, for an additional charge, as part of the Service (but this does not include Sky Premium Channels).
Subscription Payment: the payments you must pay us to provide the Service.
UK: the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
Viewing Card: the card which will allow you to receive encrypted digital satellite services (such as the Service) when used with a Box.
2. Subscription Payments
(a) Unless we agree otherwise, you will be charged for the Service from the first date we enable your Box to receive the Service under this Contract. You must pay us Subscription Payments every month in advance. Your first Subscription Payment may be taken at the time you order Sky digital. For both Direct Debit and credit card options we will collect further amounts due automatically from your account each month after we have sent you your first Viewing Card.
(b) Unless we agree otherwise, you must remain with and pay for the Service that you choose for at least one month (unless this Contract is lawfully terminated before the end of such month or where Conditions 3(b) (iii) or (iv) apply). We can charge a reasonable administration fee if you wish to change your Service. You can only choose one of the Options, and you can also choose to add any Stand-alone Premium Channels we may offer. You cannot choose individual Channels within any Option.
(c) We may increase your Subscription Payment at any time by giving you at least one calendar month's notice, unless Condition 2(d)(ii) applies when we will try to give you reasonable notice. However, during the Minimum Term, unless it is for a reason set out in Conditions 2(d) or 4, we may increase the price of your Option only once. That increase will not be more than:
(i) 10%; or
(ii) the increase in the UK Retail Price Index over the last 12 months before we tell you about that price increase, whichever is greater. This price increase will not affect you during the first 60 days after you were first enabled to receive the Service. These limits do not apply to any Stand-alone Premium Channels. Your Subscription Payment will also change during the Minimum Term if you change your Service and you will immediately pay the then current price for that new Service.
(d) We may also increase your Subscription Payment:
(i) if we add extra channels to your Pack. During the Minimum Term you may choose not to receive these extra channels and your Subscription Payment will not increase for the remainder of the Minimum Term. From the end of the Minimum Term you will receive all channels included in your Pack and pay the then current price for it; and/or
(ii) if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Payment directly or our pricing structure generally.
(e) We may alter your Direct Debit or credit card instruction if your Subscription Payment changes for any reason. We may also charge any other payment due under this Contract under your Direct Debit or credit card instruction together with any other payments which you agree that we may charge under that instruction.
(f) If you have missed any payments you owe to us or provided unauthorised payment or other details, we can suspend provision of the Service and/or Sky Publications can suspend provision of the satellite television magazine to you without giving you notice. This does not affect our right to end this Contract under Condition 11 below.
3. Channels, Programming and Magazine
(a) We can replace or withdraw advertised or other programmes. We can change or reduce the number of hours of any Channel's broadcast. We may encrypt or unencrypt any Channel.
(b) We can vary or withdraw any Channel. We can vary or withdraw your Pack or Option. We will give you reasonable notice if, as a result of any such change, your Subscription Payment changes.
For example;
(i) If we withdraw any Sky Premium Channel or Stand-alone Premium Channel (either altogether or as part of your Option), you will only have to pay the prevailing Subscription Payment for the Service you are actually receiving after we do so;
(ii) If we withdraw any Channels from your Pack then, until the end of your Minimum term, if you request, you can keep the same Channels at no extra charge (other than price increases under Conditions 2(c) or 2(d)(ii)), except for Channels no longer offered by Sky, or where the owner of any Channel will not agree that you can receive it in this way.
(iii) If we vary your Pack you can move to another Option (in which case we will confirm to you how your Subscription Payment will change);
(iv) If we withdraw your chosen Option (other than by withdrawing a Sky Premium Channel, for which see (i) above), we will move you onto the nearest equivalent Option. If this happens during the Minimum Term, your Subscription Payment will not increase before the end of the Minimum Term (other than price increases under Conditions 2(c)or 2(d)). However, if you choose to move to a different Option we will confirm to you how your Subscription Payment will change.
(c) Many Channels that we provide are supplied by other broadcasters. Their availability, and the availability of programmes on such Channels, are outside our control.
(d) We may supply premium bonus, bonus or additional Channels within your Option which you will not have to pay extra for. We can withdraw or change these Channels without giving you notice. We can also change any premium bonus, bonus or additional Channels you are receiving into a Channel that you must pay for if you want to continue to receive it. . If we do the latter in respect of a premium bonus channel during your Minimum Term you will continue receiving that Channel without payment until the end of your Minimum Term. If we introduce a charge for any other bonus or additional Channel, we will tell you what charge will apply unless you tell us that you do not wish to continue to receive that Channel.
(e) If you choose to receive 6 Packs (the Entertainment Pack) and/or any Sky Premium Channel or Stand-alone Premium Channel, Sky Publications will supply a satellite television entertainment magazine. In addition Sky Publications will supply a specialist movies magazine to customers subscribing to Sky Movies 1 or 2 and a specialist sports magazine to customers subscribing to Sky Sports 1 or 2. Each magazine will be supplied at the respective magazine price we have notified to you (if any). SSSL will collect payment for the relevant magazine(s) from you as agent for Sky Publications. Your Subscription Payment will be discounted by the total price of the magazines you receive so the total amount you pay will be the same whether or not you receive any magazines. You can elect not to receive any of the magazines by calling SSSL. Sky Publications can stop providing any of the magazines, change eligibility for receipt of any of them, or increase any magazine price by giving you at least one calendar month's notice.
(f) This Contract does not authorise you to receive any pay-per-view services of any kind. If you do choose to purchase any pay-per-view programmes or events from Sky, each purchase will be on the relevant service's standard terms (which are supplied separately) and you authorise us to charge any payment for these pay-per-view services under the Direct Debit or credit card instruction that you provide to us under this Contract.
(g) You will not use the Service or any part of it other than to view the Channels in private for non-commercial purposes at your Address.
4. Extra Channels
We may offer you extra Sky Premium Channels or Stand-alone Premium Channels. If we offer you these extra channels and you decide to take them, they will be included in the Service. We will confirm to you what charges apply to these Channels and how your Subscription Payment will change. The limits described in Condition 2(c) do not apply to any increase in your Subscription Payment for any reason listed in this Condition 4.
5. The Viewing Card
(a) The Viewing Card acts as a key so that you can unlock (unencrypt) encrypted digital satellite services (such as the Service). Having a Viewing Card does not mean you have a right to receive the Service. You are only entitled to one Viewing Card per Sky digital Subscription.
(b) SSSL continues to own the Viewing Card after it is sent to you and, if SSSL asks you to, you must return it after this Contract ends or when a replacement is sent to you.
(c) Only you may use the Viewing Card which SSSL sends you. You can only use the Viewing Card at your Address with the Box for which it is first authorised by SSSL to receive encrypted digital satellite services. You must only use it for private viewing purposes. You must not use it for any commercial or business purpose or in any premises other than your Address.
(d) The Viewing Card must not be used outside the country (either UK or Republic of Ireland) it was supplied for use in.
(e) Any change of your Address must be notified to SSSL immediately.
(f) If you give your Viewing Card to anyone else SSSL can make it invalid.
(g) You must not tamper with the Viewing Card or use it for anything we or SSSL do not authorise.
(h) In order to continue to receive encrypted digital satellite services without interruption, the Viewing Card must be kept in your Box at all times and you will need to keep the Box connected to a mains supply and suitable satellite dish and in standby mode while not in use. The software in your Box is owned by, or licensed to, Sky or another member of the British Sky Broadcasting group. You must allow SSSL to update the software in your Box by sending signals via satellite to your Box. You must not tamper with the software in the Box or authorise anybody else to do so.
(i) As part of the proper administration of the digital satellite platform, SSSL shall be entitled to disclose your name, address, the services you receive via the Viewing Card and its number to Viewing Card manufacturers and providers of digital satellite services for which your Viewing Card is enabled.
(j) If your Box is connected to a telephone line, information may be passed from it to SSSL and vice versa by telephone.
6. How long is the Card valid for
(a) For security reasons Viewing Cards will be replaced from time to time. If you are still subscribing to the Service under this Contract, SSSL will try to send you a new Viewing Card before the old one becomes invalid. Viewing card replacements will be advertised on your television screen, in the satellite television magazine or in writing. If you are no longer subscribing to the Service, you will not be entitled to a replacement Viewing Card under these Conditions.
(b) SSSL may make the Viewing Card invalid if it is necessary to protect the security of Sky's conditional access system or if it believes you are using the Viewing Card in ways which are not authorised, or where it is otherwise reasonable to do so (such as fraud).
7. Lost, stolen or malfunctioning Viewing Cards
(a) If your Viewing Card is lost, stolen, damaged or faulty you must tell SSSL immediately either by telephone (08442 41 41 41 if you live in the UK or 0818 719 819 if you live in the Republic of Ireland) or by writing to:
SSSL, PO Box 43, Livingston, West Lothian EH54 7DD UK.
(b) If your Viewing Card is damaged or faulty and you return it, SSSL will replace it free of charge if it had a defect when it was supplied to you. If the card is faulty or damaged in any other way or you do not return the faulty Viewing Card, or if it is lost or stolen, SSSL can charge you the cost of replacing it. SSSL will make invalid any Viewing Card that you tell it does not work and is replaced, or is lost or stolen.
8. Liability
Sky, SSSL and Sky Publications will not be liable under these Conditions for:
(a) any fault in a Box or other receiving equipment you use, which are supplied under a separate contract;
(b) any fault in your Viewing Card caused by you tampering with it, your negligence or your failure to follow our instructions, or these Conditions;
(c) use of a Viewing Card with any decoding apparatus we do not authorise;
(d) the act of ending this Contract in accordance with Condition 11;
(e) any delay or failure by us to provide the Service (or any part of it) or Sky Publications’ failure to provide the satellite television magazine caused by events outside our or their reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, epidemic, civil disorder, terrorist activity, war, and government action
(f) any loss or damage caused by us, SSSL, Sky Publications or any of our respective officers, employees or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care owed to you by us, SSSL, Sky Publications or by any of our employees or agents; or
(ii) such loss or damage is not a reasonably foreseeable result of any such breach.
(g) any loss or damage caused by us, SSSL, Sky Publications or any of our respective employees or agents to the extent that such loss or damage results from any breach by you of these Conditions.
Where SSSL is acting as agent for Sky or Sky Publications, SSSL has no liability to you.
9. Copying and Copyright
(a) You must not do or authorise any of the following:
(i) copy (except as permitted under the Copyright Designs and Patents Act 1988 ("Act"), as amended from time to time), redistribute or relay any of the Channels or any part of them, or otherwise deal with the Channels or any part of them other than as permitted by the Act. The exceptions in the Act are limited and you must make sure that you are legally entitled to rely on one of them; or
(ii) sell or make any charge for watching any Channel or programme; or
(iii) show any Channel in public to an audience, even if no charge is made.
(b) We may disable or alter remotely certain functions of your Box so as to prevent you from copying the Channels and we may prevent you receiving the Service if your Box allows copying of any Channels which we are bound by contract to prevent.
(a) Sky, SSSL and Sky Publications may not change or add to Conditions 2(c) or (d), Condition 3(d), Condition 8 or this Condition 10 except for security, legal or regulatory reasons.
(b) If we change any other Conditions and you reasonably consider that you have been disadvantaged by this you may end this Contract under Condition 11(a), even if you are within your Minimum Term.
(c) You will receive at least one calendar month's notice of any changes or additions. This right to vary will not be used to change the terms of any special offer which applies to you and you have accepted during the term of the offer.
Unless Conditions 11(a) or (b) apply, you must subscribe to the Service for at least the Minimum Term. The Contract will continue after this time unless it is ended according to the Conditions below. Conditions 5, 6 and 7 will continue to apply after this Contract ends until you return your Viewing Card to SSSL.
(a) You may end this Contract at any time during the Minimum Term by giving us one calendar month's notice within one month of receiving notice from us if:
(i) we or SSSL tell you we are going to change these Conditions under Condition 10(b) and you reasonably consider that you have been materially disadvantaged by this or
(ii) Sky Publications withdraws the satellite television magazine (if you are eligible to receive it) and another television magazine is not provided to you in its place; or
(iii) we withdraw any Sky Premium Channel, Stand-alone Premium Channel or bonus channel you are receiving; or
(iv) if you reasonably consider that you have been materially disadvantaged by any reduction in the number of Channels within, or the level of service of, your chosen Pack.
You may end this Contract by giving us seven days' notice at any time (including during the Minimum Term) if we, SSSL or Sky Publications break any of the Conditions. If you want to end the Contract for any other reason you may do so at the end of or after the Minimum Term, by giving us at least one calendar month's notice at any time.
(b) If you break any of the Conditions, or you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate, or if we have reasonable grounds to suspect fraud or any other unauthorised activity, we can immediately suspend provision of the Service and/or Sky Publications can suspend provision of the satellite television magazine, and/or terminate this Contract by giving you seven days' written notice at any time (including during the Minimum Term).
(c) Except where Condition 11(b) applies, we will not end this Contract during the Minimum Term. We may end this Contract after the Minimum Term by giving you one calendar month's notice.
(d) We will not refund any Subscription Payments or other payments made under this Contract if we end this Contract because you have broken the Conditions. If during the Minimum Term you end this Contract (other than where you have a right to do so under Condition 11(a) or you are exercising your right to cancel as set out in 'Your Rights to Cancel') or we end it because you have broken the Conditions, you will have to pay an early termination charge. The early termination charge shall not be any more than the charges you would have paid if you had subscribed to our cheapest available Option for the remainder of your Minimum Term less any costs we save, including the cost of no longer providing you with the Service. We may charge your early termination charge directly to any of the credit or debit cards which you have provided us with details of, e.g. when you paid for your Box or installation, and by accepting the terms of this Contract, you authorise us to do so. We will give you reasonable notice before making the charge.
12. Right to transfer the Contract and Third Parties
(a) We and Sky Publications can transfer our rights or obligations under this Contract to any company, firm or person provided this does not affect your rights under this Contract in a negative way.
(b) This Contract is personal to you. You may not transfer your rights or obligations under this Contract to anyone else, and no third party is entitled to benefit under this Contract except pursuant to Condition 12(a).
(a) If we give you any notice that is required under this Contract, it must be in writing. For the purposes of this Contract "in writing" includes by letter or by electronic communication. The notification will be deemed to have been delivered:
(i) on the day two days after posting (if sent by ordinary post); or
(ii) on the day the electronic communication is sent, provided we have not received a failed delivery notice (in which case we will send a notice by post).
We will send notices using the contact details you have given us for this purpose. If we send you any notice with other documents, such as the satellite television magazine, the notice will be on a separate sheet of paper and will be clearly marked.
(b) We may also use the contact details you have given us to send you information about your account.
(c) You must provide us with accurate, true and correct contact details and you must keep this information up-to-date.
(a) This Contract is governed by English Law, unless you live in Scotland, in which case it will be governed by Scots Law or ROI law (as applicable). If your Address is in the UK, any disputes can be dealt with by any UK court that can lawfully deal with the case. If your Address is in the Republic of Ireland, any disputes can be dealt with by the courts in England and Wales or in the Republic of Ireland.
(b) This Contract only applies if your Address is in either the UK or Republic of Ireland. If you move home from the UK to the Republic of Ireland or vice versa then you will need to enter into a new Sky digital subscription contract for the country you are moving to. Your Subscription Payment and the channel line up available to you may change as a result of such move.
1. Under these Conditions you can take out one or more extra subscriptions ("Multiroom Subscriptions") to the Service you receive under your first Sky digital Subscription Contract. You cannot select a different Option for your Multiroom Subscription(s). Any terms used and not defined here have the same meaning as given in your Sky digital Subscription Contract. 'Conditions' means these conditions of your Multiroom Subscription.
2. To take out a Multiroom Subscription you must have a current Sky digital Subscription Contract that is, or was, subject to a 12 month Minimum Term, be aged 18 years of age or over and resident in the UK or Republic of Ireland.
3. The Multiroom Subscription charges we have notified to you will be collected automatically in advance each month by Direct Debit or credit card with your monthly Subscription Payment. We can alter your Subscription Payment Direct Debit or credit card instruction for this purpose.
4. We can change the price of Multiroom Subscriptions by giving you at least one calendar month's written notice. In the first 12 months of any Multiroom Subscription:
(a) we will do this only once;
(b) the price increase will not affect you during the first 60 days of the Multiroom Subscription in question; and
(c) the price increase will not be more than (i) 10%, or (ii) the increase in the UK Retail Price Index over the 12 months before we tell you about that price increase, whichever is the greater.
These limits do not apply where, following a request or requirement by any regulatory authority or, as required by law, we change any aspect of our pricing which affects your Multiroom Subscription payments directly or our pricing structure generally, or where you break these Conditions and we exercise our rights under Condition 6 below.
5. Each Multiroom Subscription must only be viewed at the same Address as your first subscription. At all times while any Multiroom Subscription is in place:
(a) the Box used to receive the Service under your first subscription must be connected to a fixed and operational telephone line capable of making outgoing calls,
(b) all the Boxes used to receive your Multiroom Subscription(s) must also be connected to this line and number.
(c) you must give us the details of the telephone line used for this purpose and must allow us to collect information through this line, including your telephone number. You must tell us immediately if the line or number changes for any reason.
(d) the Viewing Card must be kept in your Box; and
(e) the Box must be connected to a mains supply.
Unless we tell you otherwise, the number of Boxes that Sky can install to receive subscriptions at your Address via one minidish is restricted to a maximum of eight Standard Sky boxes or four Sky+/Sky+HD boxes or combinations of these (e.g. four Standard Sky boxes and two Sky+/Sky+ HD boxes). SSSL will provide an additional Viewing Card for each Multiroom Subscription you take out unless the Box to be used is already equipped with one.
6. Your first Sky digital Subscription Contract must stay in force at all times during your Multiroom Subscription(s). If your first Sky digital Subscription Contract ends for any reason then this Contract for your Multiroom Subscription(s) will automatically end at the same time. Condition 9 below will still apply.
7. If you break any of these Conditions other than the requirement to keep your first Sky digital Subscription Contract in force at all times during your Multiroom Subscription, we can:
(a) end all or any of your Multiroom Subscription(s) by giving you at least seven days' written notice; or
(b) end your entitlement to the Multiroom Subscription price on giving you at least one calendar month's written notice (in which case the terms of the Sky digital Subscription Contract will apply to your Multiroom Subscription(s)) in place of these Conditions, and you will immediately pay the then current full price for the Service you are receiving under these Conditions.
8. If we break these Conditions then you can end all or any of your Multiroom Subscription(s) by giving us at least seven days' notice. You can end each of your Multiroom Subscription(s) after the first 12 months of that Multiroom Subscription by giving us one calendar month's notice.
9. Each Multiroom Subscription must stay in force for at least 12 months from the date the relevant Box is first activated to receive the Multiroom Service ("Minimum Term") and you will have to pay us an early termination charge if any of your Multiroom Subscriptions end before the end of the relevant Minimum Term unless you end your Multiroom Subscription(s) because one of the following applies to you:
(a) You are exercising your right to cancel as set out in 'Your Rights to Cancel' at the end of this Contracts Booklet; or
(b) You have ended your Sky digital Subscription Contract (during or after its minimum term) for one of the reasons set out in Condition 11(a)(i)-(iv) of the Sky digital Subscription Contract in accordance with your Rights to Cancel; or
(c) Your Sky digital Subscription Payment has increased by more than the limits set out in Condition 2(c)(i) or (ii) of the Sky digital Subscription Contract; or
(d) You have ended your Sky digital Subscription Contract or your Multiroom Contract because we, SSSL or Sky Publications have broken any of the Conditions; or
(e) We have told you that we are going to change the Conditions of your Multiroom Contract and you reasonably consider that you have been materially disadvantaged by this.
The early termination charge under this Contract shall not be more than the charges you would have paid for your Multiroom Subscription(s) for the remainder of the relevant Minimum Term less any costs we save, including the cost of no longer providing you with the Service. We may charge your early termination charge directly to any of the debit or credit cards which you have provided us with details of (e.g. when you paid for your Box(es) or installation), and by accepting the terms of this Contract you authorise us to do so. We will give you reasonable notice before making any charges.
10. In so far as they are relevant, the terms of the Sky digital Subscription Contract apply to each Multiroom Subscription, as varied by these Conditions.
These are the Terms and Conditions that you must keep to if you want to purchase Events offered by Sky on a pay-per-view basis on Sky Box Office. SSSL will provide customer services in relation to Events as agent for Sky. Any terms used and not defined will have the same meaning as given in your Sky digital Subscription Contract.
1. Definitions
Conditions: these conditions and any changes we may make to them.
Contract: each contract between you and us, of which the Conditions form part, authorising you to receive an Event.
Event: each television programme or event offered to you by Sky on a pay-per-view basis within the television programme service known as Sky Box Office.
Payment: the amount you must pay us for each Event that you order.
Sky digital Subscription Contract: the Contract that you have with Sky enabling you to receive the Service.
2. Events
(a) To purchase any Event, you must be a current subscriber under a Sky digital Subscription Contract. Subject to these Conditions we will supply to you any Event that you order and you are permitted to receive via your Box.
(b) If you purchase any Event automatically using your Box's remote control and you tune into it for any length of time (however short), you will be charged in full for that Event. However, if you do not tune into the relevant channel at any point during the showing of that Event, then you will not be charged for it.
(c) If you purchase any Event by calling us by telephone (for which an administration charge may apply), then you may cancel your purchase of that Event up to 30 minutes before the start time of that Event if the Event is a movie, or up to five hours before the start time of any other Event.
(d) We can cancel or withdraw any Event at any time. If we do we shall try to advertise the cancellation or withdrawal on your television screen and you will not be liable to pay for it. If an Event is made up of a number of events (e.g. a number of football matches), we can change the event pack. We may change the time at which any Event is shown, and if so we will advertise the changed time on your television screen.
3. Payment
(a) We will tell you in advance what the Payment will be for any Event. We will calculate each month and tell you what Payments you owe us for Events that you have ordered. Payments will be payable by you in the same way as you have chosen to pay your Subscription Payments under your Sky digital Subscription Contract and you will allow us to charge Payments under the Subscription Payment Direct Debit/credit card instruction that you have given to us.
(b) We may from time to time assess your credit standing using credit scoring, and may use information from, and supply information to, outside agencies for this. We will apply reasonable practices for administering your account based on the result of that scoring.
(c) If your address is in the Republic of Ireland, a different charge for any Event may be payable by you in Euros. If we do not quote a different price for such Events you shall pay us the equivalent price in Euros. All prices include VAT (or equivalent) where applicable.
4. Viewing Card
(a) Your Viewing Card will be enabled for each Event for which we have accepted your order, unless you cancel under Condition 2(c) above, or Conditions 2(f) or 6(b) of the Sky digital Subscription Contract apply.
(b) All of your obligations relating to the Viewing Card set out in your Sky digital Subscription Contract apply in respect of use of the Viewing Card to receive any Event.
5. Liability, Copying and Copyright
(a) We will not be liable under the Contract for any Event because of our failure to provide the Event for reasons outside our reasonable control or because of anything for which we have excluded liability under Condition 8 of the Sky digital Subscription Contract.
(b) You must not do (or allow to be done) any of the following in respect of any Event:
(i) copy, redistribute or relay any of the Events;
(ii) sell or make any charge for watching any Event;
(iii) show any Event in public to an audience, even if no charge is made.
(c) We may prevent the copying (for example by video) of any Event. This may be by including signals in the broadcast of an Event which prevent copying of that Event. We may also disable or alter remotely certain functions of your Box so as to prevent you from copying any Event and we may prevent you receiving Events if your decoder allows copying of Events.
6. Changing these Conditions and Termination
We may not change or add to these Conditions for any Event after you have ordered it. If we wish to change the Conditions for future Events, we will tell you, for example by publishing new Conditions in the satellite television magazine, via your on-screen Sky Guide or by a separate notice. We may refuse your order for any Event in our reasonable discretion. We may also (after we have accepted it) terminate the Contract between us in respect of any Event if at any time;
(i) you have not made any payment which is due to us;
(ii) you have broken any of these Conditions in relation to any Event;
(iii) you have broken any of the Conditions of your Sky digital Subscription Contract.
7. Miscellaneous
These Conditions only apply if you live in the UK or Republic of Ireland. Condition 8 (Liability), Condition 12 (Transfer), Condition 13 (Notices) and Condition 14 (Law) of the Sky digital Subscription Contract shall apply to each Contract in respect of an Event to the extent that they are not inconsistent with these Conditions. These terms do not apply to commercial subscribers. Certain Events may only be available to certain categories of subscriber (for example, subscribers to certain Options) or only to subscribers in certain areas. We will make this clear when the relevant Event is offered.
18 PLUS
Subscribers who wish to purchase movies from Sky's 18 Plus service do so on these 18 Plus Terms and Conditions. For the purposes of this publication, the 18 Plus Terms and Conditions shall be the same as those for Sky Box Office except that all references to Sky Box Office shall be read as references to 18 Plus.
Subscribers who wish to purchase programming offered by Sky on a pay-per-night basis on Adult Nightly services or Sport XXX Babes do so on these Adult Nightly terms and conditions. These Adult Nightly terms and conditions shall be the same as those for Sky Box Office except that:
• all references to Sky Box Office shall be read as references to the relevant Adult Nightly service or Sport XXX Babes (as applicable);
• all references to Events shall be read as references to Programming Nights, being each television programme or event offered by Sky on the relevant Adult Nightly service or Sport XXX Babes on a pay-per-night basis; and
• the programming for any Programming Night may change from that advertised.
This is your Interactive Discount Contract (the "Contract"). It explains the conditions you must keep to if you wish to take advantage of the Interactive Discount to obtain your Digital Satellite System under Sky's "Free Sky box and minidish offer". Reference to "we" or "us" in this Contract shall be read as reference to Marketing Contributions Limited, a company within the British Sky Broadcasting group.
You can contact us at PO Box 1812, Livingston, West Lothian EH54 7YJ.
1. Definitions
In these Conditions:
"Address" the address of your home in the Territory where your Digital Satellite System will be installed and used.
"Authorised Installer" an installer who we agree has been authorised to install your Digital Satellite System.
"Box" an authorised digital satellite decoder including remote control but not including any associated equipment (such as the Minidish).
"Conditions" the conditions in this Contract and any changes we may make to them.
"Digital Satellite System" comprises a Box and a Minidish.
"Interactive Discount" an amount paid by us to assist you to obtain your Digital Satellite System.
"Interactive Services" services provided to you through your Box activating the telephone line to which it is connected, including electronic cash card products and services.
"Minidish" the dish enabling reception of digital satellite broadcasts.
"Minimum Term" the 12 month period commencing on the date of installation of the Digital Satellite System at your Address.
"Subscription television services" digital television services which you subscribe to and pay to receive.
"Territory" the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
"Viewing Card" the card which, when used with your Box, will allow you to receive encrypted digital satellite television transmissions and facilitate access to Interactive Services.
2. Interactive Discount
(a) We will pay the Interactive Discount provided that you keep to the Conditions of this Contract.
(b) You agree that, at all times from installation to the end of the Minimum Term, your Box will be fully and effectively connected to a Minidish and to a fixed and operational telephone line in the Territory which is capable of making outgoing calls. If before the end of the Minimum Term, you disconnect your Box from your telephone line and fail to reconnect it after being notified by us that you need to do so, you must reimburse us for an amount equal to the Interactive Discount we paid for the free supply of your Digital Satellite System. This amount shall not exceed £25. If you become liable to pay this amount, we shall notify you in writing
(c) You must inform us in writing of any change of your Address during the term of the Contract. We may seek confirmation of your Address from appropriate third parties, and you authorise us to obtain such confirmation where we consider it necessary to enforce this contract or prevent fraud.
(d) During the Minimum Term we may verify that your Box is connected as required by Condition 2(b) above by obtaining access to the data sent by your Box and you agree to supply to us, or allow us to access, any such data for that purpose.
(e) The Interactive Discount is for Boxes installed and used for home use only and not for Boxes installed or used in commercial or business premises or for any commercial use or application. You confirm that your Address is not one of these types of premises and that it, and your Digital Satellite System, will not be used for any commercial or business purpose. You agree that, if you subsequently use the Digital Satellite System in one of these types of premises, you will be in breach of these Conditions.
(f) You agree to have the Digital Satellite System installed by an Authorised Installer as soon as is reasonably practical after signing this Contract.
(g) You are only entitled to one Interactive Discount per household.
(h) You agree that at all times during the Minimum Term you must have a valid Viewing Card placed in your Box if you receive one.
3. Our Liability
This Contract deals with the provision of the Interactive Discount only. You obtain the Digital Satellite System under separate conditions (see "Free Sky box and minidish offer" terms and conditions). The Digital Satellite System and any products and services received through it are not provided by us. Accordingly, we do not accept any responsibility for the manufacture or operation of the Box or Minidish, or for the availability or content of any product or services supplied to you through or by virtue of this equipment.
4. Age
(a) You must be at least 18 years of age at the date of agreeing to this Contract.
(b) We may seek confirmation of your age from appropriate parties, including your bank, and you authorise us to obtain such confirmation.
5. Termination of Contract37
(a) This Contract will stay in force for at least the Minimum Term unless you or we breach any of the Conditions.
(b) If you breach any of the Conditions of this Contract, we can terminate the Contract at any time by giving you at least seven days' written notice. If we breach any of the Conditions of this Contract, you can terminate the Contract at any time by giving us at least seven days' notice.
(c) We may terminate this Contract, at the end of the Minimum Term or after, by giving you at least one month's notice.
6. Right to transfer the Contract
We reserve the right to transfer our rights or obligations under this Contract to any company, firm or person(s) provided this does not affect your rights under this Contract in a negative way. You may not transfer your rights or obligations under this Contract to anyone else except with our prior written consent.
7. Notices and account information
(a) If we give you any notice that is required under this Contract, it must be in writing. For the purposes of this Contract "in writing" includes by letter or by electronic communication. The notification will be deemed to have been delivered:
(i) on the day two days after posting (if sent by ordinary post); or
(ii) on the day the electronic communication is sent, provided we have not received a failed delivery notice (in which case we will send a notice by post).
We will send notices using the contact details you have given us for this purpose. If we send you any notice with other documents, such as the satellite television magazine, the notice will be on a separate sheet of paper and will be clearly marked.
(b) We may also use the contact details you have given us to send you information about your account.
(c) You must provide us with accurate, true and correct contact details and you must keep this information up-to-date.
8. Law
This Contract is governed by English Law unless you live in Scotland, in which case it will be governed by Scots Law. Any dispute will be dealt with by the courts of England and Wales or any other court in the Territory that can lawfully deal with it.
We will supply a free Digital Satellite System (Box, Minidish and remote control) provided that you pay for installation (if applicable - see below for the costs of this) and enter into the Interactive Discount Contract with Marketing Contributions Limited . Under this offer you agree to have your Digital Satellite System installed in your home in the UK, Isle of Man or Channel Islands by an authorised installer). You also agree to keep your telephone line (which must be fixed and operational) connected to your Box, and a viewing card in the Box (if you receive one), at all times during the first 12 months following installation. You do not have to subscribe to Sky digital to take up this offer.
If you disconnect your telephone line from your Sky Box and fail to re-connect it after bein notified by us that you need to do so, you must reimburse us for our costs of providing your Digital Satellite System, which shall not exceed £80.
Offer is limited to one per household. The offer is not open to anyone who has previously signed an Interactive Discount Contract and/or whose household has previously benefited from one. On installation the Digital Satellite System will become your property, except for the software in your Box, which is owned by or licensed to us or another member of the British Sky Broadcasting group. You must allow SSSL to update this software by sending signals via satellite to your Box. Sky will select the make and model of the equipment to be supplied to you under this offer at its discretion. If you live in a property with a communal satellite system, you will not receive a Minidish.
The full standard installation price of your free dish and box is currently £117.45. However, providing you enter into a contract to subscribe to Sky digital for at least 12 months, you will be eligible to receive a discount on our standard installation price. We will tell you what that discounted price will be when you order Sky digital. If before the end of the Minimum Term of your Sky digital Subscription Contract, your contract ends (other than where you have a right to end it), we may charge you the difference between our full standard installation charge of £117.45 and the discounted price you have paid for standard installation. We may charge this amount directly to the credit or debit card which you have provided us with details of, e.g. when you paid for your installation, and by accepting the terms of this offer, you authorise us to do so. We will give you reasonable notice before making any such charge. An additional installation charge will be payable by you to your installer if your installation is not standard (see installation terms below for more details). Further installation terms and conditions are set out below.
Timing for supply of equipment and installation may be subject to availability delay. Unless specifically stated, the offer may not be taken up in conjunction with any other offer(s). Offers and terms do not apply outside the UK, Isle of Man and the Channel Islands, nor to pubs, clubs, offices, retail or other commercial premises.
These offers are made by Sky In-Home Service Limited, a member of the British Sky Broadcasting group.
These are the terms and conditions under which we will install Digital Satellite Equipment at your Address. We are Sky In-Home Service Limited, a company within the British Sky Broadcasting group. References below to “Sky”, "we" or "us" shall be read as references to Sky In-Home Service Limited.
You can call us in relation to this Contract on 08442 41 44 14.
1. Definitions
In this Contract:
Address: the address of your home in the UK, Isle of Man and the Channel Islands, where the Digital Satellite Equipment is to be installed.
Box: an authorised digital satellite decoder including remote control but not including any associated equipment (such as the Minidish).
Digital Satellite Equipment: digital satellite receiving equipment including Box(es) and Minidish that we will deliver and install for you at your Address. Please note, if you live in a property with a communal satellite system, we will not deliver and install a Minidish, but we will connect your Box(es) to the communal satellite system.
Minidish: the dish enabling reception of digital satellite broadcasts.
2. Access to Property
(a) We will organise a day for installation which is convenient to both of us, subject to the availability to us of the necessary Digital Satellite Equipment.
(b) You must ensure that we are able to access your Address on the appointed day to deliver and install your Digital Satellite Equipment.
The installation of your Digital Satellite Equipment may require the agreement or consent of someone else, for example your landlord or the local council or authority. You are responsible for ensuring that all these agreements and consents have been obtained before we install your Digital Satellite Equipment.
(a) A "standard installation" assumes that no additional cabling, bracketry or other equipment is required or any works which are beyond the scope usual in a normal installation. An installation may not be standard where, for example, your telephone socket is in a different room from your Box, or your Minidish needs to be sited above two storeys, or more than 20 metres away from your Box.
A 'standard' installation further assumes that if you already have satellite equipment, you will not continue to use it and your existing cabling will be used in the connection of the Digital Satellite Equipment.
(b) If the installation of your Digital Satellite Equipment is not standard you will be charged a reasonable sum for any additional equipment or works that are required. We will advise you about these charges before we install the Digital Satellite Equipment, which may need to be re-arranged for another time. Alternatively, if you do not agree to those charges, you may cancel your installation, and Sky or its retail agent will repay anything you have already paid for it.
(c) If you already have satellite equipment installed at your Address, then some of this equipment may be used for the installation and use of your Digital Satellite Equipment. Where any existing equipment needs to be upgraded or replaced this will be carried out as part of the installation. Unless you tell us otherwise, for example because you do not own the equipment, the installer will take away any equipment that has been replaced.
(d) If you already have satellite equipment and you wish to continue using it and/or have it relocated at your Address, you must tell us at least 24 hours prior to the installation, and in that case a separate installation charge may be payable by you. If so, we will advise you of the amount of this charge, which must be paid before the day of installation of your Digital Satellite Equipment. Please call 08442 41 44 14 for further details and full installation options.
(e) If you have taken up the free Sky box and minidish offer, Sky Multiroom subscription(s), Sky+ and/or Sky+ HD, then as part of the installation we must connect your Box to a working telephone line. If an appropriate socket is not available or the Box cannot be connected to such a socket for any other reason, we will not be able to deliver or install your Digital Satellite Equipment. Instead, we will arrange a later installation date once you tell us that the appropriate telephone socket has been installed. In connecting the Box to the socket, we will use the nearest available socket and any cabling will be clipped to the relevant skirting.
The Digital Satellite Equipment comes with a warranty against faults arising in the first 12 months after installation. The 12 month warranty also covers cabling and/or installation faults. The following are not covered by the warranty: faults arising from misuse, accidental or deliberate damage, damage arising from use of equipment that is not supplied by or on behalf of Sky with the Digital Satellite Equipment, cosmetic damage which does not affect the functionality of the Digital Satellite Equipment or damage caused by events outside the reasonable control of Sky or its equipment suppliers. To report a fault, please call Sky on 08448 222 002. If a reported fault cannot be remedied by one of our engineers during a visit to your home, then Sky will replace the faulty Box or Minidish, or the faulty component of it. Any replacement equipment will be new or 'as new' (previously used equipment that has been refurbished by the manufacturer or its authorised agent). Sky will warrant any repair or replacement until the later of the end of the original 12 month warranty period or 3 months from the date it was carried out. This warranty is provided by Sky In-Home Service Limited, only applies to equipment ordered from Sky (or a retailer acting as Sky’s agent), and does not apply outside the UK, Isle of Man and the Channel Islands. If you live in a property with a communal satellite system, this warranty does not cover that system. It does not affect your statutory rights. If you require any advice on your legal rights you can refer to www.consumerdirect.gov.uk.
If you have ordered goods directly from us either by telephone or via the internet:
You can cancel your order from Sky for a Sky box and minidish, related subscription or other product (e.g. tvLINK or Sky Active Keypad) up to 8 working days after the later of delivery, installation or receipt of this notice.
Please note: different cancellation provisions apply to Sky+/Sky+HD - these are supplied separately.
• If you decide to cancel a product or service BEFORE installation or delivery: Call us on 08442 41 44 14 95 or write to us at one of the addresses or fax us on one of the numbers below.
• If you decide to cancel a product or service AFTER installation or delivery, you must do one of the following:
1. Call us on 08442 414 414; or
2. Write to us at: Customer Relations, Sky Subscribers Services Limited, PO Box 43, Livingston, West Lothian EH54 7DD.
3. Fax us on: 01506 484343
4. Send us an email by visiting the "Contact Us" section at sky.com
• You must give your name, address, post code and customer number when you are cancelling any product or service you have ordered from Sky.
• If you cancel any product as set out above, Sky will repay anything you have already paid for it. You will not be able to cancel your installation after the installation has started or claim a reimbursement of any installation costs you have incurred.
• You must keep any products that have been delivered to you safe for up to 6 months from the date you cancel. Once they are returned to Sky, your responsibility ends.
• Sky will contact you regarding any payment that is due to Sky in respect of your cancellation (see below).
Free Sky box and Minidish - if you cancel your Box and Minidish your Interactive Discount Contract with Marketing Contributions Limited will be cancelled automatically. Sky will be entitled to collect the Box, remote control and/or Minidish from where they were installed and will contact you to arrange collection. Sky reserves the right to charge you our direct collection costs. Sky can offset any collection costs against any money that it owes to you for any reason. Alternatively, if you cancel your Interactive Discount Contract but wish to keep your Box and Minidish, you must pay us our full retail price for this equipment.
Sky digital Subscription - If you cancel your Box and Minidish, we will cancel your Sky digital Subscription automatically unless you tell us otherwise. Cancellation of orders for other products will not affect your Sky digital Subscription.
Please note: You may have to pay the difference between what you have paid for standard installation and our current full standard installation price of £117.45. If you cancel your subscription, you will be billed for any services that you have received, including any Sky Box Office orders and any Sky Talk calls you have made.
Other products - If you cancel any goods you have ordered from us you will be reimbursed any amount you have paid in advance for the product. If the product ordered by you has been delivered, it must be returned to us. We will contact you to arrange return and will either supply reply paid packaging for the product to be posted to us or we will collect it. We will be entitled to charge you our direct costs for its return and/or set the costs of return off against any amount that we owe you.
If you have only ordered subscription(s) from us:
You can cancel them at any time before the enclosed Viewing Card is used to receive the relevant subscription service. If you wish to cancel your subscription(s), you must write, fax, email or phone us using one of the addresses or numbers given above. These cancellation rights do not affect your statutory rights. If you require any advice on your legal rights you can refer to www.consumerdirect.gov.uk
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First, here are some key points that you should note:
• You must be an active Sky TV subscriber at all times during this Contract. If your Sky TV Contract ends or your viewing is suspended, Sky Broadband will automatically end/be suspended too (Condition 1(c)).
• The Sky Broadband Product you have chosen is for a minimum of 12 calendar months from the date your telephone line is first activated by us or BT to receive Sky Broadband (the Minimum Term), unless you or we are allowed to end it earlier (Condition 11). If your Contract ends during the Minimum Term (other than where you have a right to end it – see Condition 11(b)) we may charge you an early termination charge. We may charge this amount directly to any credit or debit card which you have provided us with details of and, by entering into this Contract, you are authorising us to do so. We will give you reasonable notice before these charges are made.
• Your use of Sky Broadband, and that of those you allow to use Sky Broadband, must comply with our Usage Policies. You are responsible under this Contract for the use of Sky Broadband by any person you allow to use it (Condition 2(c) and Usage Policies).
• Sky Broadband is variable and our prices, Products and the Email & Tools can change, even during your Minimum Term. However, if we reduce the level of service provided by your chosen Product and you reasonably consider that you have been disadvantaged by this you will have a right to move to another Product accessible by you or end this Contract. You can also end the Contract during your Minimum Term if we increase your Sky Broadband Payment more than once, or by more than 10% or the annual increase in the UK Retail Price Index, whichever is the greater. If you wish to end this Contract in these circumstances, then you need to let us know within one calendar month of notice of the change (Conditions 7, 11(c) and 11(d)).
• If you take Sky Broadband together with a Sky Talk calls package and Sky Talk line rental, where possible your Sky Talk and Sky Broadband services will be provided on our own new network (rather than BT's). We call this our Sky Voice and Broadband network. If we can't do this straightaway we'll migrate you later and let you know when this happens. Whether we provide your Sky Broadband and Sky Talk services on the Sky Voice and Broadband network will depend on where you live. If you live in an area where the Sky Voice and Broadband network is not available straightaway but later becomes available, we'll contact you to let you know that we'll move you on to the Sky Voice and Broadband network.
• The Sky Voice and Broadband network uses Local Loop Unbundling (LLU) to give Sky end-to-end control of your broadband and phone service, instead of 'renting' the connection from another provider. LLU enables operators such as Sky to add our own equipment to BT's copper lines. Some LLU connections are 'shared access,' meaning that internet service providers and a fixed-line telephone provider share the line, but we're switching to 'fully unbundled,' which means we have exclusive use of the connection. This means that on the new network, you can only get your services from Sky.
If after we move you to our Sky Voice and Broadband network, you want to switch your Sky Talk or Sky Broadband to another provider, we will need to transfer you back to BT’s network to provide your remaining service. When we do this, you may lose your services for a short time and, in the case of your broadband service, this may be about 10 days (Conditions 11(g) and (j)). Your Sky TV service will not be affected. We are planning to introduce some new features to your Sky Talk services including the ability to manage your voicemail on our website. If the provision of your Sky Talk service is moved back to the BT network, then you will lose access to these features. There may be some optional Sky Talk features which are not available on the Sky Voice and Broadband network.
How information we hold about you can be used
By subscribing to the services offered by Sky Broadband S.A. (“Sky”) you are agreeing that the information and personal data you provide to it and information about your Broadband Box and your Sky account (“Data”), may be used for the following purpose: execution of this Contract; administration of your Sky Broadband account (including transferring Data to its agents located outside the EEA for this purpose (being, as at the date of this Contract, the Philippines, the United States of America and India)); marketing of Sky’s products and services and market research. Sky may also share Data with credit reference agencies and other companies including for use in making credit decisions, for fraud prevention, to pursue debtors. In addition we may provide information to third parties for the purposes of preventing or detecting crime or for the purpose of safeguarding national security. We also provide information when required to do so by law (for example under a court order) or in response to properly made demands in accordance with legislative powers. Disclosures will be made in accordance with applicable data protection legislation.
Sky's agents include:
(i) Google Inc.; and
(ii) Google Ireland Limited.
You also expressly agree that Sky and the Sky Group Companies may receive and use the Data for administration of your Sky Broadband account, the marketing of their and third parties’ respective products and services, and market research, including for a reasonable period after you cease to be a Sky Broadband customer.
Marketing by Sky and the Group Companies may include sending you information by post, telephone, email or SMS about similar products and services (unless you advise Sky of your preference not to receive such marketing).
You also agree that the Data held by Sky and the Sky Group Companies may be shared with other third party companies located in the UK or the Republic of Ireland, including for sales, marketing and market research purposes, unless you advise us of your preference not to share such information with third party companies.
If you wish to let us know that you don't want to receive marketing, or that you don't want us to share Data with companies outside the Sky Group Companies, or if you wish to obtain access to your Data, please call Sky Customer Services on 08442 41 41 41 or contact us via email at Mysky@bskyb.com.
Your personal data will not be retained for longer than required for the purposes of its processing, subject to any limitation periods imposed by law.
Sky Group Companies include:
(i) Sky Subscribers Services Limited;
(ii) British Sky Broadcasting Limited;
(iii) Easynet Telecommunications Limited; and
(iv) Sky In-Home Service Limited.
Calling Sky
Calls to and from Sky Customer Services may be recorded or monitored for training and other purposes.
If you wish to discuss your Sky Broadband account or experience problems using Sky Broadband, you should contact Sky Customer Services on 08442 41 41 41.
Here are the detailed Conditions of Sky Broadband:
These are the terms and conditions ("Conditions") on which Sky's broadband internet access and Email & Tools (See Condition 4(a)) ("Sky Broadband") will be provided to you. Further terms and conditions are set out in the Sky Broadband Usage Policies ("Usage Policies"). Together they make up your Sky Broadband subscription contract ("Contract"). Any use of Email & Tools via sky.com will also be governed by Sky's privacy policy at www.sky.com.
Please note:
Any additional features, content, services and applications will be available for Sky Broadband subscribers on, or via a link from, www.sky.com ("Sky Broadband Extras"). These may be provided by another member of the British Sky Broadcasting group or a third party and are not covered by this Contract. The terms and conditions that apply to them will be available at, or via links from, www.sky.com. The Sky Broadband Extras available will change from time to time and any changes will not affect this Contract.
This Contract is with Sky Broadband S.A. ("Sky"), which is responsible for providing broadband internet access and Email Tools and your Sky Wireless Router ("Wireless Router"). Sky Subscribers Services Limited ("SSSL") provides customer services and Sky In-Home Service Limited ("SHS") delivers Wireless Routers and provides installation services, in each case in relation to Sky Broadband, as an agent for Sky. References below to "we" or "us" shall be read as references to Sky. You can contact us at PO Box 43, Livingston, West Lothian EH54 7DD or call 08442 410 515.
1. Sky Broadband and who can get it
(a)We offer a number of subscription products ("Products"), currently known as Base, Everyday, Unlimited and Connect. Full details of the Products available from time to time are set out on www.sky.com/broadband .
(b) Availability of Products will vary depending upon your location.
(c) To take Sky Broadband you must be 18 years old or over and your home must be in an area of the UK where Sky Broadband is accessible. You must also have an active Sky digital subscription ("Sky TV") under a Sky digital subscription contract ("Sky TV Contract"). If your Sky TV viewing is suspended or ends under the terms of your Sky TV Contract, for any reason (other than where we are at fault), we will also suspend or end (as applicable) the provision of Sky Broadband on giving you notice. If this happens, we will confirm with you whether you wish to transfer your broadband service to another provider.
(d) Sky Broadband will be provided to you at your home in the UK where you receive Sky TV ("Address"). You can only have one Sky Broadband subscription per Sky TV Contract (excluding any Sky Multiroom subscriptions).
(e) In order to use Sky Broadband:
(i) your computer must meet the required specification given from time to time via www.sky.com/broadband and
(ii) the telephone line you use to access Sky Broadband must be a Sky or BT compatible fixed and operational line to your Address ("your Line").
(f) The Connect Product will only be offered to you if your Line cannot be connected to either our existing Sky Broadband network or our new Sky Voice and Broadband network. If you have the Connect Product and it becomes possible to connect your Line to either network, we may do this automatically and you will be placed on the Everyday Product and charged at its standard rate (which will not exceed the standard rate for Connect and will provide at least the equivalent service). We will notify you of this change. If you wish to choose another Product, you can do so by calling us within one calendar month of notice from us of the change.
2. Using Sky Broadband
(a) Sky Broadband is for private use by you and members of your household only. It must not be used for any commercial or business purpose.
(b) You will be registered as the primary user but you can nominate additional users provided they are members of your household and they consent. Any additional user must also provide a user name and password which must be different to yours.
(c) You are responsible for the security and proper use of your username and password and you must not disclose either. You are also responsible for the security and proper use of each additional user's username and password. You are also responsible for all activities that occur under these usernames and passwords. If you know or suspect that your username or password or any username or password of your additional users has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that any such username or password is changed as soon as possible.
(d) If we believe that there has been, or is likely to be, a breach of security of your username or password or of the username or password of any of your additional users, we may suspend such usernames and passwords and require that any or all of them are changed.
(e) You and any additional user must not use any logos or trade marks of Sky, the Sky Group Companies or Sky's processors in any way which could damage or undermine the owner's reputation.
(f) We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of Sky Broadband or your Wireless Router by you or anyone you have allowed to use Sky Broadband.
(g) If your Line is disconnected for any reason, you will lose your connection to Sky Broadband and your line provider (if this isn’t Sky) may not automatically reinstate Sky Broadband after reinstating your Line. There may be a delay in being reconnected to Sky Broadband. If a re-connection fee is payable, we will tell you the amount of this fee before charging you. You will be charged for Sky Broadband throughout this period, unless the disconnection or delay in reconnection has been caused by us or our agents.
(h) To protect our network and maintain quality of service for all our users we can temporarily or permanently control or restrict your online activities via Sky Broadband where such activities may have a detrimental effect on other customers' quality of service and it is reasonable for us to do so (e.g. sending "spam" Messages or hosting a website).
(i) We may modify or temporarily suspend Sky Broadband, or part of it, to the extent necessary for us to carry out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of Sky Broadband. Where possible, we will let you know beforehand and we will restore Sky Broadband to you as soon as we can.
3. The Wireless Router
(a) As part of the Sky Broadband service Sky will supply one Wireless Router to you under this Contract.
(b)You can choose to either install your Wireless Router yourself ("Self Install") or have SHS install it for you on Sky's behalf ("Home Installation). If you choose Self Install, SHS will send your Wireless Router on Sky's behalf to your Address and you must comply fully with all reasonable installation instructions and advice that SHS or we provide to you. If you choose Home Installation you should read the terms and conditions for Home Installation (set out at the end of this Contract). You may have to pay for Home Installation. We will tell you the amount of this fee before charging you.
(c) Your Wireless Router (except the software in it) will become your property on installation if you choose Home Installation, or on delivery if you choose Self Install. The software in your Wireless Router is owned by or licensed to Sky or another member of the British Sky Broadcasting group. You must allow this software to be updated. Updates will happen automatically at no extra charge.
(d) Sky Broadband must only be accessed via your Wireless Router. Your Wireless Router is not supplied as being capable of being used to access any other Internet service.
(e) Your Wireless Router is supplied with a warranty ("Warranty") against faults arising in the first 12 months after supply.
(f) The Warranty also covers cabling and, if you choose Home Installation, installation faults. The following are not covered by the Warranty: faults arising from misuse, accidental or deliberate damage to your Wireless Router; damage arising from use of equipment that is not supplied by or on behalf of Sky for use with your Wireless Router; cosmetic damage which does not affect the functionality of your Wireless Router; computer equipment, software and cables that we or SHS did not supply to you and damage caused by events outside the reasonable control of Sky or any other member of the British Sky Broadcasting group, or its equipment suppliers.
(g) To report a fault, please call us on 08442 410 515. If a reported fault cannot be remedied by one of our engineers over the phone, then we will either repair or replace your equipment, whichever is reasonably considered to be the most proportionate. Any equipment that is replaced must be returned to us in the manner we request.
(h) Any replacement equipment supplied under the Warranty will be new or 'as new' (previously used equipment that has been refurbished by the manufacturer or its authorised agent). We will warrant any repair or replacement until the later of the end of the original 12 month warranty period or 3 months from the date it was carried out or supplied.
(i) The Warranty does not apply outside the UK, Isle of Man and the Channel Islands. It does not affect your legal rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk
4. Email Tools
(a) You and any additional user will have a Sky Broadband e-mail account which may enable you to access others services, for example a calendar and address book and instant messaging and voice services ("Email Tools"). You and any additional user are responsible for backing up any data you have saved in the E-mail Tools.
(b) We may need to modify the content or format of any emails or instant messages ("Messages") sent via Sky Broadband in order to transmit them.
(c) If this Contract ends for any reason you and any additional users will no longer be able to access your Email Tools via www.sky.com. Your Email Tools will be accessible via other Internet service providers for one calendar month after this Contract has ended, subject to the Usage Policies, except where this Contract has ended due to your fault. We will not be under any obligation to keep or make available any data held in any of your Sky Broadband email accounts for longer than one calendar month after this Contract ends. Any deleted data will not be recoverable.
5. Changing your Address and telephone number
(a) You must tell us immediately of any changes to your Address or the telephone numbers you have provided to us.
(b) Unless condition 5(d) applies to you, if you change Address during your Minimum Term:
a. this Contract for your chosen Product will continue unless you exercise a right to end it under Condition 11.
b. if any Sky network Product which you are subscribing to (Base, Everyday or Unlimited) is not available at your new Address, you may either end this Contract or select another Product that is available there in which case this contract will continue.
We may charge you any costs we reasonably incur as a result. We will tell you the amount of this charge before charging you.
(c) Unless condition 5(d) applies to you, if you change Address after your Minimum Term has expired this Contract will end and you will need to enter into a new Sky Broadband subscription contract with a new Minimum Term (if applicable) to receive Sky Broadband at your new address. This will be re-confirmed to you at the time you notify us of your change of Address.
(d) If you are on the Sky Voice and Broadband network and you change Address, this Contract will continue at your new Address unless you exercise a right to end it in line with this Contract, or we are unable to transfer your Sky Broadband service to your new Address. We may charge you any costs we reasonably incur as a result of a transfer. We will tell you the amount of this charge before charging you.
6. Paying for Sky Broadband
(a) Unless otherwise agreed, you will be charged the monthly subscription for your chosen Product ("Sky Broadband Payment") from the date your Line is first activated by us or BT to receive Sky Broadband ("Activation Date"). We will collect the Sky Broadband Payments (and any other amount which we have told you is due in relation to Sky Broadband) in advance each month with your Sky TV payment via the same payment instruction.
(b) Subject to Condition 11(c), we may increase your Sky Broadband Payment at any time by giving you at least one calendar month's notice.
(c) We may also increase your Sky Broadband Payment if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Sky Broadband Payment directly or our pricing structure generally. We will use all reasonable endeavours to provide you with notice before any price increase takes effect under this Condition 6(c). Your Sky Broadband Payment will also change if you are permitted to change Products.
(d) If you have provided unauthorised payment or other details, we can suspend provision of Sky Broadband without giving you notice. This does not affect our right to end this Contract under Condition 11(h).
7. How we can change Sky Broadband
(a) Sky Broadband is variable. We can change, replace or withdraw Products at any time. For example, we can vary the maximum speeds or capacity of your chosen Product.
(b) We will give you at least one month's notice if we make any change to Sky Broadband which affects your Sky Broadband Payment or which is likely to materially disadvantage you, or if we withdraw your chosen Product.
(c) If we reduce the level of service provided by your chosen Product and you reasonably consider that you have been materially disadvantaged by this you may move to another Product accessible by you within one month of receiving our notification, or end this Contract under Condition 11 (c), even if you are within your Minimum Term.
(d) If we withdraw your chosen Product, we will move you onto the nearest equivalent Product accessible by you unless you notify us that you wish to move to another available Product within one month of receiving our notification. If this happens during your Minimum Term, your Sky Broadband Payment will not increase before the end of your Minimum Term (other than where Conditions 6(b) and 6(c) apply).
(e) If after your Sky Broadband is activated, you are receiving a line speed which is significantly below the speed estimate we gave you when you placed your order and we are unable to resolve any technical issues you may be having on your line you may select an alternative lower speed Product (if one is available to you). If you do this, we may charge you the difference between what you paid to activate your current Product and the amount you would have paid to activate the lower speed Product if you had signed up to it in the first place.
8. Software
(a) The use of any software provided by us (e.g. for Microsoft Internet Explorer) will be subject to the terms of any relevant end user licences or other agreements which are reasonably required by the owners of such software and that we have brought to your attention.
(b) You acknowledge that it is your responsibility to obtain any upgrades to any software needed to maintain the full Sky Broadband service when prompted to do so.
9. What we are not liable for
We will not be liable under this Contract to you, or any other person who you allow to use Sky Broadband, for:
(a) any fault in your Wireless Router caused by tampering or negligence (unless caused by us) or by the failure to follow our reasonable instructions, these Conditions or the Usage Policies;
(b) any use made of Sky Broadband, nor for any content which is accessed, sent or received using the service, nor for any charges incurred with any third party or for any transactions entered into through Sky Broadband or Sky Broadband Extras, unless caused by us;
(c) use of your Wireless Router to access any other Internet service;
(d) the act of suspending Sky Broadband or ending this Contract in accordance with Condition 11;
(e) any delay or failure by us to provide any element of Sky Broadband or part of it where such delay or failure is caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
(f) any loss or damage caused by your use of Sky Broadband, your Wireless Router, us, or any of our respective officers, employees, sub-contractors or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care by us or any of our respective officers, employees, sub-contractors or agents; or
(ii) such loss or damage is not a reasonably foreseeable result of any such breach.
(g) any loss or damage caused by Sky Broadband, your Wireless Router, us, or any of our respective officers, employees, sub-contractors or agents to the extent that such loss or damage results from any breach by you of these Conditions and, in particular not limited to the Acceptable Use Policy;
(h) any loss or damage caused by viruses or unauthorised use of, or attempts to access, Sky Broadband or your computer; and
(i) any loss or corruption of data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue unless caused by us.
No company nor its officers, employees or agents who act as Sky's agent in providing any part of Sky Broadband shall be liable to you or any other person who you allow to use Sky Broadband.
10. How we can change the Conditions
(a) We cannot change or add to Conditions 7(c), 9 and 11(c)(ii) or this Condition 10 except for security, legal or regulatory reasons.
(b) We may change any other Conditions. However, if you reasonably consider that you have been disadvantaged by this you may end this Contract under Condition 11, even if you are within your Minimum Term (see Condition 11(a)).
(c) You will receive at least one calendar month's notice of any changes or additions to these Conditions which are likely to be materially detrimental to you. We will give you notice of any other changes or additions to these Conditions on sky.com. We will not use this right to vary the terms of any special offer which applies to you.
11. How long your Contract lasts
(a) This Contract cannot end during the first 12 calendar months from your Activation Date (“Minimum Term”) unless you, we or SHS have a right to do so under this Condition 11. After the Minimum Term, this Contract will continue until either you or we end it in a way set out in this Condition 11. During your Minimum Term, unless we agree otherwise, you cannot downgrade your chosen Product unless Conditions 1(f), 5(b)(b) or 7(c, d, or e) apply.
(b) You will have to pay us an early termination charge if this Contract ends before the end of the Minimum Term unless:
a. You have a right to end it under Condition 11(c) of this Contract; or
b. You are exercising your right to cancel as set out in ‘Your Rights to Cancel Sky Broadband’ (see below); or
c. You end your Sky digital Subscription Contract (during or after its minimum term):
i. for one of the reasons set out in conditions 11(a)(i) to (iv) of your Sky digital Subscription Contract; or
ii. because your Sky digital subscription payment has increased by more than the limits set out in Conditions 2(c)(i) or (ii) of your Sky digital Subscription Contract, by giving us one calendar’s month notice; or
iii. because a Sky group company has broken a condition of your Sky digital Subscription Contract, by giving us seven days' notice; or
iv. in accordance with the rights set out in “Your Rights to Cancel” in your Sky Contracts Booklet,
(in each case this Contract will automatically end at the same time).
The early termination charge will not be more than the charges you would have paid for your chosen Product for the remainder of the minimum term less any costs we save, including the cost of no longer providing you with Sky Broadband. We may charge your early termination charge directly to any of the credit or debit cards which you have provided us with details of (e.g. when you paid for your installation) and by accepting the terms of this Contract you authorise us to do so. We will give you reasonable notice before making any charge.
(c) You can only end this Contract during your Minimum Term if:
(i) Conditions 7(a), 10(b) or 11(e) apply; or
(ii) we increase your Sky Broadband Payment more than once, or by more than 10% or the increase in the UK Retail Price Index over the 12 months before we tell you about that price increase, whichever is the greater, unless Condition 6(c) applies.
(iii) Condition 5(b)(b) or 5(d) applies.
(d) To end this Contract under Condition 11(c), you must give us at least seven days' notice within one calendar month of receipt of any notice from us. Please bear in mind how long it will take to end your Contract (see Condition 11(g) below) to ensure that you are not affected by any changes we notify to you.
(e) You may end this Contract by giving us seven days' notice at any time (including during your Minimum Term) if we or SHS break any of the Conditions.
(f) If you want to end the Contract for any other reason you may do so at the end of or after your Minimum Term in accordance with Condition 11(g).
(g) If you tell us that you want to end this Contract under this Condition 11, how long your Contract lasts will depend on whether you are on our Sky Voice and Broadband network and on what you want to do with your broadband service:
a. If you are switching to another broadband provider which can provide broadband services on your existing phone line we will provide you with a Migration Authorisation Code (MAC). You will need to give your MAC to your new provider. Your Sky Broadband service will end when we are notified by your new provider that your broadband service is switching and this Contract will end at the same time. If you have not used your MAC within 30 days it will expire and you will continue to receive Sky Broadband under this Contract unless you tell us otherwise.
b. If you are switching to another broadband provider which can provide broadband services on your existing phone line without a MAC, your Sky Broadband service will end once we are notified by your new provider that your broadband service is switching and this Contract will end at the same time. If we do not receive any notification then you will continue to receive Sky Broadband unless you tell us otherwise.
c. If you are not switching to another broadband provider but want to end this Contract or you are switching to a provider who cannot provide services on your existing line then you must give us at least 10 working days notice. Your Sky Broadband service and this Contract will end once this notice period expires.
d. If you are on the Sky Voice and Broadband network Conditions 11(g), (a) to (c) above do not apply and you must give us at least 10 working days notice. Your Sky Broadband service and your Contract will end once this notice expires.
(h) We can immediately suspend the provision of Sky Broadband and/or end this Contract by giving you seven days' notice at any time (including during your Minimum Term) if:
(i) you have missed any payments that you owe us or break any of the Conditions;
(ii) you, anyone you authorise to deal with us on your behalf, or any of your additional users act in a way towards our staff or agents which we reasonably consider to be inappropriate; or
(iii) if we have reasonable grounds to suspect fraud or any other unauthorised activity.
We will not refund any Sky Broadband Payments or other payments made under this Contract if we end this Contract under this Condition 11(h).
(i) We may end this Contract at the end of or after your Minimum Term by giving you 10 working days notice at any time.
(j) If you are on the Sky Voice and Broadband network and you or we end your Sky Talk service in line with your Sky Talk Terms and Conditions and you want to transfer your telephone service to another provider, you will need to contact your new provider to arrange the transfer. You will lose your Sky Broadband once your Sky Talk service is cancelled. If you want to re-order Sky Broadband you will need to contact us once you have a new BT compatible line.
12. How this Contract can be transferred and third parties
(a) We can transfer our rights or obligations under this Contract to any company, firm or person provided this does not affect your rights under this Contract in a negative way.
(b) This Contract is personal to you. You may not transfer your rights or obligations under this Contract to anyone else, and no third party is entitled to benefit under this Contract except pursuant to Condition 12(a).
13. How notices will be given
(a) If we give you any notice that is required under this Contract, it must be in writing and may be sent by email to your Sky Broadband primary email account or such other email address as we have agreed with you. If we send you any notice with any other document, the notice will be on a separate sheet of paper or in a separate attachment and will be clearly marked.
(b) Unless otherwise stated, if you give us any notice that is required under this Contract it should be by calling 08442 410 515 or such other number we notify to you for this purpose.
14. Law and geographical limits
This Contract is governed by English Law unless you live in Scotland, in which case it will be governed by Scots Law. Any disputes can be dealt with by any UK court that can lawfully deal with the case.
YOUR RIGHTS TO CANCEL SKY BROADBAND
If you ordered Sky Broadband from us over the internet, by telephone, text or via your set top box:
1. You can cancel Sky Broadband within 8 working days of the later of delivery of your Wireless Router for Self Install, or your Home Installation (as applicable), and your Activation Date. Any cancellation must be in accordance with this notice.
2. You can cancel Sky Broadband by:
(i) calling 08442 410 515;
(ii) writing to Customer Relations, Sky Subscribers Services Limited, PO Box 43, Livingston, West Lothian EH54 7DD;
(iii) sending a fax to 01506 48 43 43; or
(iv) sending an email to broadbandcustomerservice@bskyb.com.
3. You must give your name, address, post code and customer number in order to cancel Sky Broadband.
4. You must keep any products that have been delivered to you safe for up to 6 calendar months from the date you cancel. Once they are returned, your responsibility ends.
5. We will contact you to arrange return and will either supply reply paid packaging for the product to be posted to us or we will collect it. We will be entitled to charge you our direct costs for its return and/or set the costs of return off against any amount that we owe you.
6. This cancellation right does not affect your statutory rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.
If you choose Home Installation, a separate cancellation policy applies to this service which is contained in the Terms and Conditions of Home Installation (set out at the end of this Contract). If you ordered Sky Broadband from one of our door-to-door sales agents please refer to the cancellation policy given to you in the documentation left with you by our sales agent,
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SKY BROADBAND HOME INSTALLATION TERMS AND CONDITIONS
These are the terms and conditions under which we will install Sky Broadband at your Address ("Contract"). We are Sky Broadband S.A ("Sky"), a company within the British Sky Broadcasting group. You can call us in relation to this Contract on 08442 410 515.
In this Contract "Address", "Broadband Box", "Minimum Term" and "Sky Broadband" have the same meanings as given for those terms in the Sky Broadband subscription contract.
1. Installation and your computer
(a) We will organise a day for installation which is convenient for both of us, but this will be subject to the availability of the Wireless Router.
(b) Before installation you should back up or save any data on your computer to avoid any loss or corruption occurring as a result of installation.
(c) You have the option of installing McAfee Internet Security Suite if you are a PC user or McAfee VirusScan if you are a Mac user. If you want to install this software you will have to uninstall any existing security software beforehand. If you do not want to install this software, please advise the engineer before your installation starts.
(d) You need to be present during the installation. If this is not possible, then you need to ensure that someone else, aged 18 or over, is at your Address to allow us access and to log into all the computers from which you wish to access Sky Broadband.
2. Installation offers
If you pay nothing or a reduced price compared to our standard price for your installation, we can charge you the difference between the lower price you have paid (if any) and our then standard price for installation if your Sky Broadband subscription contract ends during the Minimum Term (other than where we withdraw Sky Broadband or you end your Sky Broadband subscription contract and have the right to do so).
3. Cancellation
(a) You can cancel your installation at any time before it starts in the following ways by:
(i) calling on 08442 410 515;
(ii) writing to to Customer Relations, Sky Subscribers Services Limited, PO Box 43, Livingston, West Lothian EH54 7DD;
(iii) sending a fax to 01506 48 43 43; or
(iv) sending an email to broadbandcustomerservice@bskyb.com.
(b) You must give your name, address, post code and customer number in order to cancel your installation.
(c) This cancellation right does not affect your statutory rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.
____________________
USAGE POLICIES
Any terms in capitals not defined in these Usage Policies will have the same meaning as in your Contract. These Usage Policies apply to you and anybody you allow to use Sky Broadband. Any reference to "you" shall be interpreted to mean you and anybody you allow to use Sky Broadband. You are responsible for the use of Sky Broadband by any person you allow to use it including anyone who accesses Sky Broadband because you have removed the wireless encryption security on your Wireless Router.
How we update our Usage Policies
The way our customers use Sky Broadband is changing all the time so we may need to change our Usage Policies to adapt to our customer's needs. Our latest Usage Policies will always be posted on our website at www.sky.com so please keep checking for updates.
USAGE CAPS
Broadband
If you subscribe to a Product that has a cap on the amount of data that you download or upload via your Sky Broadband internet access each month ("Usage Cap"), your usage must not exceed that Usage Cap each month. For the current Usage Caps on each Product, please go to www.sky.com/broadband.
If in any month you exceed your Usage Cap, we will notify you that you have done so.
If, in any subsequent month, your usage exceeds your Usage Cap again, then we may do one or more of the following things by notice:
(a) charge you fair and reasonable costs for your usage (and any reasonable administration costs) in excess of your Usage Cap;
(b) change your subscription to a Product with a higher Usage Cap, in which case we would also notify you of the new price you will be charged;
(c) suspend your use of Sky Broadband for the relevant month; or
(d) end your Contract in accordance with Condition 11 of your Contract;
E-mail
Whatever Product you take there are also limits on the use of the Sky Broadband email accounts by you and anyone you allow to use an email account.
(a) There is an upper limit on the size of each mailbox account. This will restrict the amount of Messages you are able to store in your mailbox account using Sky Broadband; and
(b) There is an upper limit to the size of each Message which you can send using a Sky Broadband email account.
You must not exceed these usage limits.
You must only use a Sky Broadband e-mail account for normal e-mail purposes and not, for example, as a storage facility. For the current usage limits, please go to www.sky.com/email.
If you exceed these email usage limits or use a Sky Broadband e-mail account for abnormal purposes, for example the storage of large files, then we may immediately suspend the email account or we may send you an email telling you to reduce your mailbox size or usage (as the case may be). If you do not act on our notification we may then suspend the relevant email account, or end your Contract in accordance with Condition 11 of your Contract.
SKY BROADBAND CONNECT TRAFFIC MANAGEMENT POLICY
In addition to the monthly Usage Cap, this Traffic Management Policy applies to you if you take Sky Broadband Connect.
Excessive use during peak time
We will monitor your Sky Broadband usage during peak times from 5pm to 12am each day. This is when the majority of customers use the network and when speeds could be affected by the excessive usage of a minority. If we consider that your usage is excessive during peak times we may slow down your connection for the rest of the day so that it has less affect on others. Only a very small number of customers will be affected by this (less than 2%). If you are affected, we will only slow down the speed you can get during peak times for applications which use a lot of bandwidth (for example, streaming, peer-to-peer and newsgroups) and which have a negative effect on other customers. You will still be able to use Sky Broadband to do other things normally such as browsing, email, instant messaging and VOIP. There are no restrictions in place outside of peak times.
Traffic management of our Network
To ensure we provide a sustainable quality broadband service to our customers, we continuously monitor and efficiently manage the Sky Network as a whole. To do this, during peak times (from 5pm to 12am each day), we may slow down the speed that all Sky Broadband Connect customers can get on certain applications which we consider use up a lot of bandwidth (for example peer-to-peer and newsgroups) and which have a negative affect on other customers There are no restrictions in place for applications such as browsing, email, streaming, instant messaging and VOIP during peak times. We do not put restrictions on our network outside of peak times.
ACCEPTABLE USE POLICY
Irrespective of which Product you have subscribed to, our Acceptable Use Policy ("AUP") will apply to you and those who you allow to use Sky Broadband.
If you have any queries about our AUP, you can contact us by emailing abuse@sky.com.
Don't use Sky Broadband illegally!
Sky Broadband and the Sky Network may only be used for lawful purposes in accordance with all laws, statutes and regulations in force from time to time in the United Kingdom ("Laws").
You may not use Sky Broadband and/or the Sky Network to send, receive, store, distribute, transmit, post, upload or download any materials or data which:
• violates any Law;
• is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment;
• is or may be harmful to minors;
• promotes or encourages illegal or socially unacceptable or irresponsible behaviour;
• is in breach of any third party rights (including any third party intellectual property rights);
• has any fraudulent purpose or effect or involves you impersonating another person or otherwise misrepresenting yourself as the source of any communication; or
• damages or may damage our name and/or reputation or the name and/or reputation of our sub-contractors or agents.
We have put technical measures in place to prevent you from accessing certain websites that contain illegal images of child abuse that are identified from time to time by the Internet Watch Foundation ("IWF"). Although these filters are comprehensive, they do not provide an absolute guarantee that you will be unable to view such illegal images on the internet. In addition, these measures do not filter other content which you may find distasteful, such as "adult" material. On this basis, we recommend that you consider installing additional software on your computer to prevent access to inappropriate websites or content on the internet.
For further information regarding the IWF, please visit their website at www.iwf.org.uk.
Do not violate anyone's systems or network security
You must not use Sky Broadband to violate Sky Network's security or any third party's system or network security by any method including:
• unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;
• unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network; or
• unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system or network.
You must not send, receive, store, distribute, transmit, post, upload or download any materials that are designed to violate Sky Network's security or any third party's system or network security. Examples of such prohibited material may include (but are not limited to):
• programs containing viruses, worms, corrupted files, hoaxes, Trojan horses or any other items of a destructive or deceptive nature;
• tools designed to compromise the security of other sites;
• programs or services designed to send or facilitate the sending of unsolicited advertisements; or
• programs or services designed to encourage or facilitate a breach of this AUP or any acceptable use policy of another internet services provider.
You must not connect the Sky Network to insecure machines or services able to be exploited by others to carry out actions which constitute a breach of this AUP.
You must not adapt, modify, decompile or reverse engineer any part of Sky Broadband.
You are responsible for all materials and/or data originating from the machines and/or networks that you have connected to the Sky Network. You must immediately disconnect (and subsequently secure prior to reconnection) machines generating materials and/or data which contravene this AUP once notified of such activity by Sky.
Messages
You must not send Messages to anyone who does not wish to receive them. We acknowledge that email and instant messaging are informal methods of communication however you must refrain from sending Messages to another user after receiving a request to stop.
You must not send unsolicited bulk Messages or any other form of abusive electronic communication. In particular, unsolicited advertising mailings (whether commercial or informational) are strictly prohibited.
You must not operate, host, provide hosting facilities to or assist in any way any web site, email address, or any other online service which is advertised or promoted by means of unsolicited bulk Messages (whether commercial or informational), any mass messaging facility or any other form of abusive electronic communication.
You must not send, distribute, or reply to mail-bombs. Mail-bombing is either sending copies of a single message to many users, or sending large or multiple files or messages to a single user with the intention of disrupting their internet experience.
You must not use false Message headers or alter the headers of Messages to conceal their email address or to prevent internet users from responding to messages. You must not use any email address that you are not authorised to use.
You must not suggest or imply that any Message you send is from, authorised or endorsed by, any Sky company or relates to any Sky business.
We will scan your incoming Messages for viruses and remove any Messages from the Sky Network which contain viruses. Although these filters are comprehensive, they do not provide an absolute guarantee that you will not receive viruses via Messages and you are advised to install appropriate anti-virus software on your computer.
We will scan your incoming Messages for spam and move any suspected spam to a separate folder in your email account where you can inspect it to ensure that non-spam Messages hasn't been inadvertently identified as spam. Items of suspected spam will be deleted after 30 days.
World Wide Web and surfing the net
You will be solely responsible for your use of the internet and any web pages owned and/or operated by you that you connect to the Sky Network using Sky Broadband. You must not use world wide web pages within or outside the Sky Network to violate any part of this AUP or to disrupt or attempt to disrupt another internet user's internet experience.
How do you make a complaint?
If you wish to notify us of a breach of this AUP, or if you wish to make a complaint regarding content, data or material that has been stored and/or accessed via the Sky Network or Sky Broadband, please email us at
The actions we can take
Firstly, you should be aware that we will block any electronic communication that we reasonably consider to have breached this AUP.
Secondly, if you have breached this AUP, or we or a third party, reasonably suspect that you may have breached this AUP we will notify you by email (provided that this notification does not prejudice any investigation) and we may also:
(a) immediately suspend your access to Sky Broadband until such time as we are satisfied the breach has stopped;
(b) immediately end your Sky Broadband Contract;
(c) notify and/or pass on the details of the breach of the AUP to any relevant government, statutory, self-regulatory or law enforcement authority;
(d) investigate the alleged breach of the AUP, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on the Sky Network or our servers;
(e) remove (either temporarily or permanently), copy, store, monitor or otherwise deal with data and/or other material on the Sky Network and/or our servers; or
(f) suspend some or all of your Email Tools.
Sky will use your personal data and other account information in connection with any investigation carried out by Sky in accordance with this AUP, including by disclosing it to any third party authority that Sky considers has a legitimate interest in any such investigation or its outcome.
_______________________________________
SKY GROUP COMPANY DETAILS
Sky Broadband S.A. Centre Helfent, 1 rue Pletzer, L-8080 Bertrange, Luxembourg; B-118.641.
Sky In-Home Service Limited is registered in England (No. 2067075). Registered office: Grant Way, Isleworth, Middlesex TW7 5QD, UK.
Sky Subscribers Services Limited is registered in England (No. 2340150). Registered office: Grant Way Isleworth, Middlesex TW7 5QD, UK.
British Sky Broadcasting Limited is registered in England (No. 2906991). Registered office: Grant Way Isleworth, Middlesex TW7 5QD, UK.
Easynet Telecommunications Limited is registered in England (No. 2883980). Registered office: 44-46 Whitfield Street London W1T 2RJ.
THIRD PARTY COMPANIES
Google Inc.is registered in America. Registered office: 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
Google Ireland Limited is registered in Ireland (No. 02906991). Registered office: Gordon House, Barrow Street, Dublin 4.
Top of Page
First, here are some key points that you should note:
What is Sky Talk?
Sky Talk is a name used to describe two separate subscription services: a home telephone calls service ("Sky Talk Calls") and a telephone line rental service ("Sky Talk Line Rental") (each a "Sky Talk Service"). You can choose to take Sky Talk Calls by itself or you can take Sky Talk Calls and Sky Talk Line Rental together. You cannot take Sky Talk Line Rental without Sky Talk Calls.
If you take Sky Talk Calls without Sky Talk Line Rental you will need to continue to pay line rental to your existing line rental provider.
Can I receive Sky Talk?
To receive Sky Talk, you must have an active Sky digital subscription ("Sky TV") under a Sky TV subscription contract and a BT compatible phone line. If your Sky TV Contract ends or is suspended, Sky Talk may be automatically ended/suspended too (see Condition 7.3).
What if I don’t have a working compatible phone line?
If you are a new Sky TV customer taking Sky Talk Calls and Sky Talk Line Rental, we can arrange for a new phone line to be installed or an existing phone line to be activated (“New Phone Line”). We will confirm the charge (if any) for your New Phone Line at the time of booking. Sky will not install a New Phone Line where extensive new line construction over and above standard needs is required.
If we need to send an engineer to your home to install or activate your New Phone Line, we will send you a letter with the date of your appointment. If you want to re-arrange your appointment, you must give us at least 3 working days’ notice. If you re-arrange your appointment on less than 3 working days’ notice, or you are not at your Address to give the engineer access to your property at the agreed time or, if you fail to make the necessary arrangements for the appointment to take place, we will retain the fee you have paid us for your first appointment and charge you our full costs for another appointment. Details of the arrangements you need to make for an engineer visit and of our charges will be set out in your confirmation and appointment letters, or can be obtained by calling Sky Customer Services on 08442 410 499.
If the engineer determines that the installation/activation of your New Phone Line is not standard and is unable to proceed we will cancel your order for a New Phone Line and refund any monies your have paid in full.
Sky Talk Line Rental customers do not need to pay any other provider for Line Rental. Please see Part B Condition 3 for further information relating to installation or activation of a New Phone Line.
What is the Sky Voice and Broadband Network?
If you take Sky Talk Calls, Sky Talk Line Rental and Sky Broadband, where possible your Sky Talk and Sky Broadband services will be provided on our own new network (rather than BT's). We call this our Sky Voice and Broadband network. Whether we provide your Sky Talk and Sky Broadband services on the Sky Voice and Broadband network will depend on where you live. If you live in an area where the Sky Voice and Broadband network is not available straightaway but later becomes available, we'll contact you to let you know that we'll move you onto the Sky Voice and Broadband network.
The Sky Voice and Broadband network uses Local Loop Unbundling (LLU) to give Sky end-to-end control of your broadband and phone service, instead of 'renting' the connection from another provider. LLU enables operators such as Sky to add our own equipment to BT's copper lines. Some LLU connections are 'shared access', meaning that internest service providers and a fixed-line telephone provider share the line, but we're switching to 'fully unbundled', which means we have exclusive use of the connection. This means that on the new network, you can only get your services from Sky.
If after we move you to our Sky Voice and Broadband network, you want to switch your Sky Talk or Sky Broadband service to another provider, we will need to transfer you back to BT's network to provide your remaining service. When we do this, you may lose your services for a short time and, in the case of your broadband service, this may be about 10 days. Your Sky TV service will not be affected.
We are planning to introduce some new features to your Sky Talk Services including the ability to manage your voicemail on our website. If the provision of your Sky Talk service is moved back to the BT network, then you will lose access to these features. There may also be some Optional Features which are not available on the Sky Voice and Broadband network.
How long do my Sky Talk subscriptions last?
Unless we or you are allowed to end your subscription(s) earlier, you must subscribe to each Sky Talk Service you have ordered for a minimum of 12 months starting from the date on which your chosen Sky Talk Service(s) is/are activated (“Minimum Term”). If you take Sky Talk Calls by itself and subsequently decide to take Sky Talk Line Rental, a Minimum Term will apply to Sky Talk Line Rental from the date your Sky Talk Line Rental is activated.
For details of when the Sky Talk Services can be ended earlier see Conditions 7, 8 and ‘Your Rights to Cancel’ (see below).
If any of your Sky Talk subscription(s) end during their respective Minimum Term(s) (other than where you have a right to end them) we may charge you an early termination charge. We may charge this amount directly to any credit or debit card which you have provided us with details of and by entering into this Contract you are authorising us to do so. We will give you reasonable notice before these charges are made (See Condition 8.8).
Moving Home
If you change your Address you must contact us on 08442 41 41 41. You may need to have your existing Sky Talk account cancelled and start a new account covering your new details. If you change your Address, this Contract will continue unless you exercise a right to end it or we are unable to transfer your Sky Talk Service(s) to your new address. You will need to ensure that you have a working BT compatible phone line at your new address to continue receiving Sky Talk. We may charge you any costs we reasonably incur as a result of a transfer. We will tell you the amount of this charge before charging you.
When may Sky Talk be restricted or end?
If your Sky TV viewing is restricted or ends under the terms of your Sky TV subscription contract, your Sky Talk Service(s) will also be restricted or end. Your Sky Talk Service(s) may also be restricted or end if you breach our Acceptable Use Policy under Condition 2 or in the circumstances set out in Conditions 7 and 8. We will notify you before this happens, unless we reasonably believe that your Sky Talk Service is being used for unlawful or improper purposes.
If your Sky Talk Service(s) is restricted or ends for any reason you may not be able to make or receive all calls through Sky Talk. PLEASE NOTE, if you are a Sky Talk Line Rental customer you will be unable to make calls to emergency numbers until your Sky Talk Line Rental is re-activated or you connect with another telephone line provider.
If you are on our new Sky Voice and Broadband network and your Sky Talk Services end your Sky Broadband service will also end. If you want to re-order Sky Broadband you will need to contact us once you have a new BT compatible line.
Will the Sky Talk Service(s) change?
Sky Talk is variable and our prices and packages may change, even during your Minimum Term. However, if we reduce the level of service provided to you and you reasonably consider that you have been materially disadvantaged by this you will have a right to move to another package or Service or to end this Contract. Unless the price increase is required for legal or regulatory reasons, you can also end the Contract during your Minimum Term if we increase our prices and you reasonably consider this to be to your material disadvantage. If you wish to end this Contract in these circumstances, then you need to give us at least 7 days notice within one calendar month of us telling you about the change (Condition 8.3).
How much does Sky Talk cost?
Sky Talk packages, fees and call rates applicable from time to time may be viewed on our website (www.sky.com/skytalk) or by calling Sky Talk Customer Services on 08442 410 499. Rates set out on our website take precedence over any rates shown in generic Sky Talk marketing material.
UK call rates apply to UK landline numbers, excluding calls to the Channel Islands, premium rate and non-geographic numbers.
How much notice will I get if you increase prices?
We will give you at least one calendar month’s notice of any increase in the price of your Sky Talk Calls package or Line Rental service or of any other price increase which is likely to be to your material disadvantage unless the price increase results from you changing your Sky Talk service or is required for legal or regulatory reasons. We will also let you know about any other price changes with your next available bill or through another suitable method.
If you are not the payer of your Sky Talk bill, you should notify the payer of any notice of price increase we send you.
Will I be accepted as a Sky Talk customer and how will you manage my account?
You may not be accepted if you owe us any money or your credit score is unsatisfactory, or if you do not pay your Sky TV subscription by direct debit or credit card payment mandate. We can administer your account as we believe reasonable depending on the result of that or any future scoring. This may include applying different payment terms to your account. We may use information from, or supply information to, outside agencies for credit assessment purposes. We will also use reasonable practices to set a call spend limit on your Sky Talk account. Details of your call spend limit are available from Sky on request.
Will Sky Talk affect the operation of my home alarm system?
If you have a monitored safety, security or other alarm system in your home, you will need to check with your system provider that the system is compatible with Sky Talk.
Calling Sky
Calls to and from Sky Talk Customer Services may be recorded or monitored for training and other purposes.
If you wish to discuss your Sky Talk account or experience problems making calls using Sky Talk, you should contact Sky Customer Services on 08442 410 499.
How information we hold about you can be used
By subscribing to the Sky Talk Service offered by Sky Broadband S.A. ("Sky") you are agreeing that the information and personal data you provide to it and information about Sky account ("Data"), may be used for the following purpose: execution of this contract; administration of your Sky Talk account (including transferring Data to its agents located outside the EEA for this purpose (being, as at the date of this contract, the Philippines, the United States of America and India)) and market research; Your Data may also be used for marketing of Sky's and third party's products and services, including for a reasonable period after you cease to be a Sky Talk customer. This may include contacting you by post, telephone, email or SMS unless you tell us you don’t want to be contacted in these ways. Sky may also share Data with credit reference agencies and other companies including, without limitation, for use in making credit decisions, for fraud prevention and to pursue debtors. In addition we may provide information to third parties for the purposes of preventing or detecting crime or for the purpose of safeguarding national security. We also provide information when required to do so by law (for example under a court order) or in response to properly made demands in accordance with legislative powers. Disclosures will be made in accordance with applicable data protection legislation.
Unless you tell us otherwise you also expressly agree that:
• Sky Subscribers Services Limited;
• British Sky Broadcasting Limited;
• Easynet Telecommunications Limited;
• News Optimus Limited; and
• Sky In-Home Service Limited,
(together the "Group Companies") may receive and use the Data for administration of your Sky Talk account, the marketing of their and third parties’ respective products and services and market research. Marketing by Sky and the Group Companies may include sending you information by post, telephone, email or SMS (unless you advise Sky of your preference not to receive such marketing).
You also agree that the Data held by Sky and the Group Companies may be shared with other third party companies located in the UK or the Republic of Ireland, including for sales, marketing and market research purposes, unless you advise us of your preference not to share such information with third party companies.
If you don't want to receive marketing from Sky or you don’t want us to share Data with companies outside the Group Companies, or if you wish to obtain access to your Data, please call Sky Customer Services on 08442 41 41 41 or contact us via our website email MySky@bskyb.com.
Your Data will not be retained for longer than required for the purposes of its processing, subject to any limitation periods imposed by law.
Here are the detailed Conditions of Sky Talk:
These are the terms and conditions( "Conditions") under which Sky Talk Calls and Sky Talk Line Rental ("Sky Talk" or "Sky Talk Service") will be provided to you. These Conditions are divided into two parts. If you take Sky Talk Calls without Sky Talk Line Rental ("Sky Talk Calls only"), only Part A will apply. If you are a Sky Talk Calls and Sky Talk Line Rental customer, both Part A and Part B will apply and you must read them both.
This Contract is with Sky Broadband S.A. ("Sky"), which is responsible for providing Sky Talk Services to you. Sky Subscribers Services Limited ("SSSL") provides customer services in relation to Sky Talk as an agent for Sky. Sky may contract with British Sky Broadcasting Limited ("BSkyB Ltd") or other BSkyB group companies to provide Sky Talk to you. Reference below to “we” or “us” shall be read as references to Sky. You can contact us at PO Box 43, Livingston, West Lothian, EH54 7DD or call 08442 41 41 41.
Part A: Sky Talk General Terms and Conditons
1. Sky Talk and who can get it
1.1 You are only eligible to receive Sky Talk while you have an active residential Sky TV subscription. You can only have Sky Talk on one line in your home unless we tell you otherwise.
1.2 Sky Talk will be provided in your home where your Sky TV subscription is received ("Address"). This address must be in England, Scotland, Wales or Northern Ireland. You must be the Sky TV account holder. You must also be the account holder for your household’s existing telephone service or be authorised by the account holder to register for Sky Talk.
1.3 Sky Talk is not available to:
(a) customers who do not pay for their Sky TV subscription by direct debit or continuous credit card payment mandate;
(b) customers registered with BT Basic; or
(c) customers with outgoing call barring or any other incompatible product on their telephone line.
1.4 You must have a working BT compatible line in your home.
1.5 Sky Talk Calls only customers must continue to take Line Rental from a compatible line rental provider.
1.6 On receipt of your application for Sky Talk, and provided you are eligible, we will make an application to BT to switch your chosen telephone services to Sky Talk. This will not apply to you if we provide your services on our Sky Voice and Broadband network. Either way, if BT or Sky is able to validate your application then we will notify you in writing of the estimated activation date for your Sky Talk Service. If you have an existing compatible BT line, this normally takes 10 working days from the date when the order is accepted. If BT is unable to make the switch for any reason we will contact you. If you require a new line to be set up, and we agree to do this for you, your Sky Talk Service will normally take approximately 4 weeks to be activated from the date you place your Sky Talk order.
2. Using Sky Talk and our Acceptable Use Policy
2.1 Sky Talk is for your household’s own private domestic use and is not for use for any commercial or business purpose. You are responsible for all calls made using Sky Talk at your Address, whether or not they are made by you.
2.2 If your use of ‘unlimited’, ‘free’ or ‘no charge’ calls provided as part of a Sky Talk Calls package exceeds that reasonably expected of a reasonable person using the Sky Talk Service for domestic purposes, we may:
(a) restrict your Sky Talk Calls service; and/or
(b) charge you Sky Talk’s standard rates as published in our latest tariff guide for any calls exceeding those reasonably expected of a person using Sky Talk for domestic purposes.
We will inform you before we start charging you our standard rates.
2.3 You must ensure that your Sky Talk service is not used for any unlawful or improper purpose, such as:
(a) the making of hoax calls or communicating false information or information you believe to be false;
(b) the making of calls which are defamatory, offensive, abusive, obscene, menacing, threatening or otherwise made for the purpose of causing annoyance, inconvenience or anxiety to another;
(c) fraudulently or in connection with a criminal offence; or
(d) otherwise in a manner which is in breach of any applicable legislation or regulations or the rights of any other party.
2.4 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of Sky Talk by you or anyone you have allowed to use Sky Talk.
3. Equipment and Faults Affecting Sky Talk
3.1 You must ensure that any equipment which you use in connection with Sky Talk is in good working order and conforms at all times to all applicable regulations and laws. You agree to provide us with information about your equipment that we reasonably request. We will not provide you with a telephone handset for use with Sky Talk.
3.2 If you experience problems making calls, you should contact Sky Customer Services on 08442 410 499.
3.3 If you are a Sky Talk Calls only customer and we determine there is a fault with your line or the connection, you will need to contact your line rental provider. You will remain responsible for all charges made by your line rental provider relating to your telephone line and connection (together with any repair, maintenance and service charges) unless caused by our fault or neglect.
3.4 If we have agreed to arrange the installation or activation of a New Phone Line for you and/or you are a Sky Talk Line Rental customer, please see Part B (Condition 3) for further information relating to line installation, activation, faults and repairs.
4. Payments and Billing
4.1 You will usually be billed on a monthly basis for any monthly fees and calls which carry a charge and that are made using Sky Talk. We will bill you in advance for any monthly charges associated with your Sky Talk Service, and charges from an earlier period may appear on a later bill. We will bill you in arrears for any calls you have made since your last billing period.
4.2 Your bill will be provided to you in the same way as your Sky TV bill. This is usually via the Sky Customer Service zone on Sky’s interactive service, accessible via your set-top box or through ‘My Sky’ by visiting www.sky.com/myaccount. Paper statements are available on request. Payment of your Sky Talk bill will be collected at the same time and under the same instruction as your Sky TV subscription payment (and you agree we may change that instruction for this purpose). You acknowledge that any payments you make to Sky will be applied to the full set of Sky services you receive.
4.3 We will use reasonable practices to set a call spend limit on your Sky Talk account. Your call spend limit may vary from time to time. Details of this limit are available from Sky on request. If you exceed this limit you remain liable for all charges. We may also change your payment terms if we consider it reasonable.
4.4 We may alter your Direct Debit or credit card instruction if the price of your Sky Talk Calls package or Line Rental changes for any reason. We may also charge any other payment due under this contract under your Direct Debit or credit card instruction together with any other payments which you agree we may charge under that instruction.
4.5 If you are a Sky Talk Calls only customer, some calls may not be carried by Sky Talk (e.g. reverse charge calls, some calls to directory enquiries, calls made to emergency numbers and some internet calls). These calls will be automatically routed via your line rental provider and may appear on your line rental provider’s bill. If you are a Sky Talk Line Rental customer, these calls will appear on your Sky Talk bill and will be charged at the service provider’s applicable rate, unless stated otherwise in the Sky Talk Tariff Guide.
5. Price and Package Changes
5.1 Subject to Condition 5.2, unless the price increase results from you changing your Sky Talk Service, we will give you at least one calendar month's notice if we increase the price of your Sky Talk Calls package or Line Rental service or if we increase any other price which is likely to materially disadvantage you. We will let you know about any other price changes with your next available bill or through another suitable method. Sky Talk packages, fees and call rates applicable from time to time may be viewed on our website (www.sky.com/skytalk). Please always check our website for our current call rates.
5.2 We may also increase the price of your Sky Talk Calls package or Line Rental service if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects you directly or our pricing structure generally. We will use all reasonable endeavours to provide you with notice before any price increase takes effect under this Condition 5.2.
5.3 We may offer a number of different Sky Talk Calls packages and Line Rental packages and make variations to them from time to time (for example we may vary the number of international destinations in inclusive call tariffs or the times of day of free calls). We will give you at least one calendar month’s notice if we make a change to your Calls package or your Line Rental service which could affect your Sky Talk subscription charges or which is likely to materially disadvantage you, or if we withdraw your chosen Sky Talk package.
5.4 If we change your chosen Sky Talk Service and you reasonably consider that you have been materially disadvantaged by this, you may move to another Calls package or cancel your Sky Talk Service(s) under Condition 8.2(b), even if you are within your Minimum Term.
5. 5 If we withdraw your Sky Talk Calls package or Line Rental service, we will move you on to the nearest equivalent Service(s), unless you notify us that you wish to move to another package or Service within 10 working days of receiving our notification. If this happens during your Minimum Term, the price of your relevant Calls package or Line Rental service will not increase before the end of your Minimum Term (other than where we increase prices under Conditions 5.1 and 5.2).
5.6 Unless we agree otherwise, you must remain on and pay for your chosen Sky Talk package for at least one month (unless you have a right under this Contract to move package or end this Contract before the end of the one month period).
6. Moving Home
6.1 If your Address or telephone number details change, you must contact Sky Customer Services on 08442 41 41 41. If your details change you may need to have your existing Sky Talk account cancelled and start a new account covering your new details.
6.2 If you change your Address, this Contract will continue unless you exercise a right to end it under this Contract or we are unable to transfer your Sky Talk Services to your new address. You will need to ensure that you have a working BT compatible line at your new address. We may charge you any costs we reasonably incur as a result of a transfer. We will tell you the amount of this charge before charging you.
7. Restricting and Ending your Service
7.1 We may take immediate action to restrict or end (as appropriate) the provision of Sky Talk without notice if:
(a) we reasonably believe that your Sky Talk Service has been used in a way which is prohibited under Condition 2.3;
(b) we are required to by law or to comply with an order, instruction or request of any government body, emergency service organisation or other competent authority;
(c) we are required to comply with the reasonable instructions of a telecommunications carrier or supplier for reasons of health, safety or quality of the Sky Talk Service;
(d) you do anything (or allow anything to be done) which we reasonably believe may damage the operation or jeopardise the security of Sky Talk;
(e) you have provided unauthorised payment or other details or we have reasonable grounds to suspect fraud, attempted fraud or any other unauthorised activity; or
(f) you are or become ineligible to receive Sky Talk.
7.2 We may also restrict the provision of your Sky Talk Service without notice if the call spend limit on your Sky Talk account has been exceeded.
7.3 We may also restrict or end the provision of Sky Talk on giving at least 7 days’ notice to you if:
(a) your Sky TV subscription is suspended or ends for any reason other than where we are at fault, (unless it is ended at your request in which case your Sky Talk Service will end automatically at the same time without notice);
(b) you or anyone you authorise to deal with your account acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
(c) you have missed any payments that you owe to us for Sky Talk or any other Sky products or services or you break any of the Conditions of this Contract.
7.4 We may restrict or end your Sky Talk Service if our ability to continue to provide Sky Talk to you is materially and adversely affected because:
(a) any of our telecommunications carrier(s) or supplier(s) ceases to provide services to us; or
(b) any authorisation required by us expires or is revoked or modified.
We will use all reasonable endeavours to provide you with notice before your Sky Talk Service is restricted or ends under this Condition 7.4.
7.5 We may also restrict your Sky Talk Service if it is proportionate to do so for the purpose of carrying out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of Sky Talk. Where possible, we will give you notice before any restriction of your Sky Talk Service and we will restore Sky Talk to you as soon as reasonably practicable.
7.6 If we consider it to be reasonable, we may temporarily restrict your ability to make premium rate and international calls where we notice unusual call patterns.
7.7 If we restrict or end the Sky Talk Service under any of Conditions 7.1(a), (d), (e), (f), or 7.3, you may be required to reimburse us our costs and expenses reasonably incurred in restricting/ending the Sky Talk Service and/or recommencing it or any part of it.
7.8 If your Sky Talk Service is restricted or ends for any reason you agree to pay all Sky Talk charges incurred at your Address.
7.9 We promise to act proportionately in exercising any of our rights under this Condition 7.
8. How long your contract lasts
8.1 Unless Conditions 8.2 or 8.4 apply, you must subscribe to each of your respective Sky Talk Calls and/or Sky Talk Line Rental Service(s) for a minimum term of 12 months (“Minimum Term”) from the date on which the relevant Sky Talk Service is activated. If you choose to take Sky Talk Calls by itself and you subsequently decide to take up Sky Talk Line Rental, a new 12 month Minimum Term will apply to your Sky Talk Line Rental from the date your Sky Talk Line Rental service is activated.
8.2 You can only end this Contract during your Minimum Term(s) if:
(a) you are exercising your right to cancel as set out in 'Your Right to Cancel' (see below);
(b) Conditions 5.4, 8.4 or 12.2 apply;
(c) we increase our prices and you reasonably consider this to be to your material disadvantage , unless Condition 5.2 applies;
(d) you change your Address and we are unable to transfer your Sky Talk Services to your new address; or
(e) you end your Sky TV Contract (during or after its minimum term):
i. for one of the reasons set out in conditions 11(a) (i) to (iv) of your Sky TV Contract; or
ii. ii. because your Sky digital subscription payment has increased by more than the limits set out in Conditions 2(c) (i) or (ii) of your Sky TV Contract, by giving us one calendar’s month notice; or
iii. iii. because a Sky group company has broken a condition of your Sky TV Contract, by giving us seven days’ notice; or
iv. in accordance with the rights set out in “Your Rights to Cancel” in your Sky Contracts Booklet
(in each case this Contract will automatically end at the same time).
8.3 To end this contract under Condition 8.2, you must give us at least 7 days’ notice within one calendar month of receipt of any notice from us. Please bear in mind how long it will take to transfer to another provider (see Condition 8.9) to ensure that you are not affected by any changes we notify to you.
8.4 You may end this Contract at any time (including during the Minimum Term) by giving us 7 days’ notice if we or BSkyB Ltd has broken any of the Conditions.
8.5 If you want to end this Contract for any other reason you may do so at the end of or after your Minimum Term by giving at least 10 working days’ notice at any time.
8.6 If your Sky Talk Service ends for any reason under Condition 7, this Contract will end automatically at the same time.
8.7 Unless Condition 7 applies, we will not end this Contract during the Minimum Term. We may end this Contract at the end of or after your Minimum Term by giving you 10 working days’ notice at any time.
8.8 We will not refund any payments made under this Contract if we end this Contract under Condition 7. If during the Minimum Term you end this contract (other than where you have a right to do so under Condition 8.2 or 8.4 or we end it under Condition 7, we may charge you an early termination charge. The early termination charge will not be more than the charges you would have paid us under your Contract for the remainder of your Minimum term(s) less any costs we save, including the cost of no longer providing you with the Service(s). We may charge your early termination charge directly to any of the credit or debit cards which you have provided us with details of (e.g. when you paid for your installation) and by accepting the terms of this Contract you authorise us to do so. We will give you reasonable notice before making any charge.
8.9 When this Contract ends, you will need to make arrangements to switch to an alternative telephone service provider if you want to continue receiving a full telephone service. During any notice period Sky Talk will continue to be available unless your Service has been restricted or ends under Condition 7 or in the circumstances below. However, we may restrict your ability to make premium rate and/or international rate calls using Sky Talk during any notice period. You will be charged for Sky Talk during any notice period whether or not you have switched provider.
If you are switching to another provider which can provide telephone services on your existing phone line, you will need to contact your new provider to arrange the transfer. If you are a Sky Talk Calls and Sky Talk Line Rental customer you will need to switch both Services to your new provider. Your Sky Talk Service will end when we are notified by your new provider that your Service is switching.
If you are on the Sky Voice and Broadband network and your Contract ends your Sky Broadband service will end at the same time. If you want to re-order Sky Broadband you will need to contact us once you have a new BT compatible line.
If you are switching to a provider which cannot provide services on your existing phone line (e.g. a cable provider) you must give us at least 10 working days notice to cancel your Sky Talk service. Your Sky Talk service and this Contract will end once this notice period expires.
8.10 If you are a Sky Talk Calls only customer and this Contract ends before you have switched to a new telephone service provider, you will be able to continue to make calls to Sky through Sky Talk which you will have to pay for.
8.11 If you are a Sky Talk Line Rental customer and this Contract ends, you will not be able to make any calls, including calls to emergency numbers, unless and until you switch to another telephone line provider.
9. What we are not liable for
9.1 We will not be liable to you (or any other person whom you allow to use Sky Talk) under this Contract, for:
(a) the act of restricting or ending your Sky Talk Service(s) in accordance with Condition 7;
(b) any delay or failure by us to provide any element of Sky Talk where such delay or failure is caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
(c) any loss or damage caused by Sky Talk, us or any of our respective officers, employees or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care by us or any of our respective officers, employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of any such breach; or
(iii) any increase in such loss or damage results from breach by you of any term of these Conditions.
(d) any loss or damage caused by Sky Talk, us or any of our respective officers, employees or agents to the extent that such loss or damage results from any breach by you of these Conditions;
(e) any loss or damage caused by unauthorised use of Sky Talk;
(f) any loss of business, contracts, profits, anticipated savings, reputation, or revenue;
(g) any calls made through an alternative telephone service provider;
(h) any loss or damage resulting from your failure to connect to Sky Talk that was not caused by us, our employees or agents or our suppliers;
(i) if you are a Sky Talk Calls only customer, any loss or damage of Sky Talk due to a fault in the equipment or telephone line you use to make calls; or
(ii) any failure of monitored safety, security or other alarm systems due to incompatibility with Sky Talk, or due to the restriction or ending of Sky Talk, or any other reason which is not due to our fault or neglect.
9.2 As SSSL and News Optimus Limited are acting as Sky’s agents SSSL, News Optimus Limited and each of their officers, employees and agents have no liability to you or any other person who you allow to use Sky Talk.
10. How this contract can be transferred and third parties
10.1 We can transfer our rights or obligations under this Contract to any company, firm or person provided this does not affect your rights under this Contract in a negative way.
10.2 This Contract is personal to you. You may not transfer your rights or obligations under this Contract to anyone else, and no third party is entitled to benefit under this Contract except pursuant to Condition 10.1.
11. Provision of information and consent to use
11.1 You authorise us and BSkyB Ltd to act on your behalf in all dealings with BT Openreach or any other network operator in connection with the provision of Sky Talk to you and you consent to BT Openreach or any other network operator receiving and using your Data for the administration of your Sky Talk account, and providing us or any of our agents with your Data and other relevant information to enable Sky Talk to be provided to you.
11.2 You authorise us and our selected supplier(s), agent(s) and/or telecommunications carrier(s) to route your call as may be reasonably determined to provide you with Sky Talk and to administer Sky Talk Services.
11.3 You agree to provide us (or any person we authorise to collect it on our behalf) with any information we or our selected supplier(s), agent(s) and/or telecommunications carrier(s) reasonably require to provide Sky Talk to you and to administer Sky Talk Services. We and our selected supplier(s), agent(s) and/or telecommunications carrier(s) will hold and process information obtained about you as a result of providing you with the Sky Talk Service(s).
12. Changes to these Conditions
12.1 We cannot change or add to Conditions 5.4, 8.2(c), 9 or this Condition 12 except for security, legal or regulatory reasons.
12.2 We may change or add to any other Conditions. However, if you reasonably consider that you have been disadvantaged by this you may end this Contract under Condition 8.2, even if you are within your Minimum Term. We will not use this right to vary the terms of any special offer which applies to you.
12.2 You will receive at least one calendar month’s notice of any changes or additions to these Conditions which are likely to materially disadvantage you. We will tell you about any other changes or additions to these Conditions on our website at sky.com/skytalk or through another suitable method.
13. How notices will be given
13.1 If we give you any notice that is required under this Contract, it must be in writing and may be sent by post, or to such email address as we have agreed with you, or on your Sky Talk statement. If we send you a notice with any other document, the notice will be on a separate sheet of paper and will be clearly marked.
13.2 Unless otherwise stated, if you give us any notice that is required under this contract it should be by calling 08442 41 41 41 or such other number we notify to you for this purpose, or in writing to PO Box 43, Livingston, West Lothian EH54 7DD.
14. Disputes
If you have a complaint or query regarding your Sky Talk service, you should follow our complaints procedure as set out in our Services Code of Practice which can be found on our website at www.sky.com/skytalk or by calling Sky on 08442 410 499.
15 Law and Geographical Limits
This contract is governed by English Law, unless you live in Scotland, in which case it will be governed by Scots Law. Any disputes can be dealt with by any UK court that can lawfully deal with the case.
16 General
16.1 If any provision of this contract is found to be invalid or unenforceable, the remaining Conditions will continue to apply.
16.2 If either party fails to exercise a right they may have under these Conditions, it does not mean that right is waived.
Part B: Special Terms and Conditions for Sky Talk Line Rental customers only
1. Your Telephone Line
1.1 Any equipment you connect to your line must be:
(a) connected using a BT main telephone socket or approved BT connection point;
(b) technically compatible with the Sky Talk Line Rental service; and
(c) connected and used only in accordance with any relevant instructions, standards or laws.
1.2 You must not use your line to send, knowingly receive, upload, download, use or re-use material which is offensive, indecent, defamatory, obscene or menacing.
2. Optional Features
2.1 You may add a range of additional features to your telephone line at an additional cost ("Optional Features"). The range of Optional Features can be viewed on our website (www.sky.com/skytalk) or discussed with Sky Customer Services by calling 08442 410 499.
2.2 You will be charged for each Optional Feature you choose from the time that it is provided to you. You will be charged either on a monthly subscription basis or on a per use basis, depending on your chosen Optional Feature(s). You must keep and pay for each Optional Feature for at least 30 days unless we tell you otherwise.
2.3 If you are on the Sky Voice and Broadband network, we plan in future to introduce some new features to your services including the ability to manage your voicemail on our website. If your Sky Talk Services are subsequently moved back to another network (for example because you have cancelled your Sky Broadband services), then you will lose access to these features. There may also be some Optional Features which are not available on the Sky Voice and Broadband network.
3. Line installation, Faults and Repairs
3.1 If you are a Sky Talk Line Rental customer and there is a fault with your Sky Talk service, you should contact Sky Customer Services on 08442 410 499, not BT. We will try to resolve any fault within five working days of receiving notice of the fault from you.
3.2 Any fault investigation and repair work shall take place between 0800 – 1700 Monday to Friday, excluding public and Bank Holidays.
3.3 We will be responsible for faults arising out of any act or omission by us or faults due to fair wear and tear on your line. We will not be responsible for any fault or wear and tear on any part of your line beyond the primary telephone socket onwards inside your home.
3.4 You will take all reasonable care to ensure that your telephone line and any equipment, including any equipment we provide to you, are kept in good working order. You must not modify or in any way interfere with any equipment we provide to you. You will be responsible for the reasonable costs of engineer call outs, replacement equipment and/or labour charges if:
(a) you do not give the engineer access to your Address at the time agreed between you and Sky, or you do not follow our reasonable instructions to prepare your Address for the engineer’s visit;
(b) you cancel the engineer’s visit after it has been requested without at least 1 working day’s notice for faults and repairs of your line or you re-arrange your engineer’s appointment on less than 3 working days’ notice for the installation or activation of a New Phone Line;
(c) the engineer attends but finds there is no fault with your line;
(d) we reasonably believe that the fault was caused by you or by anyone for whom we are not responsible adding to, modifying or in any way interfering with your line, or by your equipment or any equipment we provide to you;
(e) the fault is found to exist as a result of your failure to follow our reasonable instructions or these Conditions; or
(f) the fault is on any part of your telephone line beyond the primary telephone socket onwards inside your home, and has not been caused by us or anyone for whom we are responsible.
Details of engineer call out fees, replacement equipment costs and labour charges can be found on the Sky Talk website (www.sky.com/skytalk) or by calling Sky Customer Services on 08442 410 499.
3.5 You agree to follow any reasonable instructions that we may give you and to allow us access to your Address if we need it. You also agree to provide a suitable and safe working environment for us and/or BT as our agent whilst carrying out any work at your Address, including any line installation/activation work. You will also need to:
(a) prepare your premises in accordance with any reasonable instructions from Sky or BT;
(b) get any necessary permissions to enable your line to be installed or repaired, including any permission to cross land or put equipment on property owned by someone else;
(c) provide a suitable place and conditions for equipment including connection points required;
(d) provide access to electricity, as reasonably required by Sky or BT, to connect or repair your line.
4. Telephone numbers and transferring your number
4.1 You accept that you do not own any telephone number we make available to you. You agree not to sell or transfer any number provided to you or to advertise it in or on a BT phone box.
4.2 We may need to change your telephone number. We will try to do so only when it is reasonably necessary or when we are requested to do so by a competent authority. We will tell you before we change your number.
4.3 You may request us to transfer your number from another telephone provider. We will try to do this if it is reasonably practicable. If it is not reasonably practicable, we will provide you with a new number.
5. Indirect Access Calls
5.1 We may restrict your ability to make calls using a prefix number to access a different telephone provider ("Indirect Access Calls") at any time by giving reasonable notice on our website www.sky.com/skytalk.
5.2 If we allow you to make Indirect Access Calls, these calls may be billed by the service provider you have chosen, and may not appear on your Sky Talk bill. You will have to pay us for any Indirect Access Calls appearing on your Sky Talk bill.
COMPANY DETAILS
British Sky Broadcasting Limited (Registration No. 2906991), Sky-In-Home Service Limited (Registration No. 2067075), Sky Subscribers Services Limited (Registration No. 2340150), Easynet Telecommunications Limited (Registration No. 2883980) and News Optimus Limited (Registration No. 2927001) are direct or indirect subsidiaries of British Sky Broadcasting Group plc (Registration No. 2247735).
British Sky Broadcasting Limited, Sky-In-Home Service Limited, Sky Subscribers Services Limited and News Optimus Limited are all incorporated in England and Wales and share the same registration office at Grant Way, Isleworth, Middlesex TW7 5QD. Easynet Telecommunications Limited is incorporated in England and has its registration office at 44-46 Whitfield Street, London, W1T 2RJ.
Sky Broadband S.A. Société Anonyme. Centre Helfent, 1 rue Pletzer, L-8080 Betrange Luxembourg R.C.S Luxembourg B-118.641.
Your Rights to Cancel Sky Talk
(1) If you ordered a New Phone Line and/or Sky Talk from us either over the internet, by telephone, text or via your set top box:
(a) you may cancel your order for Sky Talk or a New Phone Line (where no engineer visit is required) at any time up to the date your Sky Talk Service is activated; and
(b) where an engineer visit is required, you may cancel your order for a New Phone Line at any time up to 3pm on the day before your appointment. After this time we will incur charges and you agree that your Sky Talk Service(s) start and that you may not cancel your order unless paragraph 3 below applies.
(2) If you ordered Sky Talk from one of our door-to-door sales agents please refer to the cancellation policy set out in the documentation left with you by our sales agent.
(3) You may also cancel your order for a New Phone Line if:
(a) we are unable to transfer your existing phone number to your new Sky phone line (we will confirm this to you with your appointment letter) and you informed us at the time of booking that you wish to cancel your New Phone Line order in the event that your existing number is not transferred;
(b) we are unable to complete your installation or activation of your New Phone Line through no fault of yourself (e.g. where extensive new construction over and above standard needs is required.
(4) You can cancel your New Phone Line order and/or Sky Talk by:
(i) calling 08442 410 499;
(ii) writing to Sky Subscribers Services Limited Customer Relations Department, PO Box 99, Livingston, West Lothian EH54 7PR;
(iii) sending a fax to 01506 484 701; or
(iv) sending us an email by visiting the 'Contact Us' section at sky.com
(5) You must give your name, address, post code and customer number in order to cancel your New Phone Line order and/or Sky Talk.
(6) If you cancel your New Phone Line order in accordance with your rights to cancel (as set out above), we shall refund you the full amount of the set-up fee you paid at the time of your booking.
(7) This cancellation right does not affect your legal rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.
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