Broadband Terms & Conditions – UK
First, here are some key points that you should note:
• If you are also a Sky TV customer and your Sky TV Contract ends or your viewing is suspended, Sky Broadband may automatically end/be suspended too (Condition 1(c)).
• You must keep the Sky Broadband Product you have chosen for a minimum of 12 calendar months from the date your telephone line is first activated to receive Sky Broadband (the Minimum Term), unless you or we are allowed to end this contract 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 in writing before these charges are made. For further information about these charges, go to sky.com/earlytermination
• Your use of Sky Broadband, and that of those you allow to use Sky Broadband, must comply with our Usage Policies. If your chosen Product has a Usage Cap then you must not go over that Usage Cap each month otherwise we may take action against you. This may include upgrading your Product to one with a higher Usage Cap if you go over your Usage Cap twice in any six month period. You will then have to pay the then current price for that Product. We will send you email alerts to tell you if you are approaching your usage allowance (or postal alerts if you have not given us an email address). You should make sure we have an email address that is up-to-date and that you check for emails regularly. Please see our Usage Policies for further details. 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 and Products can change, even during your Minimum Term. However, if we reduce the level of service provided by your chosen Product and you are materially disadvantaged by this you will have a right to move to another Product accessible by you or end this Contract. Unless we increase it for any of the reasons set out in Condition 6(c), you can also end the Contract during your Minimum Term if we increase your Sky Broadband Payment. If you wish to end this Contract for these reasons, then you need to let us know within 30 days of notice of the change (Conditions 7, 11(c) and 11(d)). Your right to cancel does not apply to you if we upgrade your Product in line with our Usage Policies.
• If you take Sky Broadband Lite, Unlimited or Unlimited Pro together with a Sky Talk calls package and Sky line rental, where possible your Sky Talk and Sky Broadband services will be provided on our own network (rather than BT’s). We call this our Sky 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 Network will depend on where you live. If you live in an area where the Sky 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 Network.
• The Sky 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 Sky Network, you can only get your services from Sky.
If you take Sky Fibre Broadband, where possible your Sky Talk calls package and Sky line rental will be provided on the Sky Network.
If after we move you to our Sky Network, you decide to cancel or switch your Sky Broadband service to another provider, your Sky Talk services will automatically be cancelled at the same time. If you want to re-order your Sky Talk services, you will need to move back to BT’s network. We can arrange this for you but you may need to pay a charge for the re-activation of your line on BT’s network. It can take about one week to re-activate your service and during that time you may lose your service for a short time.
If after we move you to our Sky Network, you decide to cancel or switch your Sky Talk services to another provider, your Sky Broadband service will automatically be cancelled at the same time. You will not be able to re-order Sky Broadband on its own as it is only available if you also order Sky Talk.
There are some optional features available on the Sky Network. 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 Sky Talk features which if you move to the Sky Network, may not be available.
If you take Sky Fibre Broadband and no working compatible fibre broadband installation already exists, we may need to send an engineer to install network equipment at your Address. We will confirm at point of order if you will require an engineer appointment. You can also choose to have an engineer install your Wireless Router. We will confirm the charge (if any) for your engineer appointment when you place your order. Sky will not install fibre optic broadband services where extensive construction over and above standard needs is required. Please refer to the installation terms and conditions set out at the end of this Contract.
• Sky recommends that you ensure all your devices that connect to the internet are protected by appropriate up to date antivirus software at all times.
• If you have taken a static IP address and your Sky Broadband is disconnected, suspended or terminated for any reason, your IP address will be reassigned to Sky or another Sky customer. Your old static IP address will not be available to you again if your service is reactivated or you subsequently return to Sky Broadband.
How information we hold about you can be used
By becoming a customer you agree that any member of the British Sky Broadcasting group may use and share, within that group, the information you provide and other information we hold about you for account management and, unless you have told 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 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 agencies for use in credit decisions, and for fraud detection and prevention purposes. If false or inaccurate information is provided and fraud is identified, the details will be passed on 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 will be made in accordance with applicable data protection legislation.
Information held by the British Sky Broadcasting group about you may also be shared with our business partners, for customer profiling, 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 on 08442 41 41 41 or by sending an email to MySky@bskyb.com.
We may disclose your personal data to our successors in business for the purposes outlined in these terms and conditions.
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 410 515.
Here are the detailed Conditions of Sky Broadband:
These are the terms and conditions ("Conditions") on which Sky's broadband internet access ("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").
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 between you and British Sky Broadcasting Limited (“Sky”), which will be responsible for providing you with broadband internet access and, where applicable, your Sky Wireless Router (“Wireless Router”). Sky Subscribers Services Limited (“SSSL”) provides customer services and Sky In-Home Service Limited (“SHS”) delivers Wireless Routers, in each case in relation to Sky Broadband, as an agent for Sky. If you take Sky Fibre Broadband, Openreach shall provide installation services (if required) on Sky’s behalf. 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 broadband subscription products ("Products"). 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. If you are a Sky TV customer and 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 may also suspend or end (as applicable) the provision of Sky Broadband on giving you notice in writing. 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 the address of your home in the UK that you notify to us from time to time ("Address"). You can only have one Sky Broadband subscription at your Address.
(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 Sky Broadband Connect Product will only be offered to you if your Line cannot be connected to a Sky network. If you have the Connect Product and it becomes possible to connect your Line to a Sky network, we may do this automatically and you will be placed onto the nearest equivalent Product accessible by you and charged at its standard rate (which will not exceed the standard rate for Connect). We will notify you in writing of this change. If you wish to choose another Product, you can do so by calling us within 30 days 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 activities not reasonably expected of someone using Sky Broadband for domestic purposes.
(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 or other equipment provided by Sky or on its behalf for use in conjunction with Sky Broadband 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).
(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 and we will restore Sky Broadband to you as soon as we can. Where possible, we will notify you if this occurs between the hours of 6a.m. and Midnight and is due to last for more than 1 hour.
(j) If you wish to use a modem or any other equipment that we have not supplied to you in order to access ADSL Sky Broadband we cannot guarantee that Sky Broadband will work with these. You must not use a modem or any other equipment that we have not supplied to you in order to access Sky Fibre Broadband.
3. The Wireless Router
(a) As part of the Sky Broadband service Sky will supply one Wireless Router to you under this Contract.
(b)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.
(c) Your Wireless Router (except the software in it) will become your property on delivery. The software in your Wireless Router and in any other equipment provided to you by Sky or on its behalf for use in conjunction with Sky Broadband 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) Your Wireless Router and any other equipment provided by Sky (or on its behalf) for use in conjunction with Sky Broadband are not supplied as being capable of being used to access any other internet service.
4. The Wireless Router Warranty
(a) Your Wireless Router is supplied with a warranty ("Warranty") against faults arising in the first 12 months after supply.
(b) The Warranty also covers cabling included with the Wireless Router. 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; extension cables and network equipment (if you take Sky Fibre Broadband); 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.
(c) 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 (if required), whichever is reasonably considered to be the most proportionate. If your Wireless Router is replaced, it must be returned to us in the manner we request.
(d) 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.
(e) 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.adviceguide.org.uk.
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. We recommend that you provide us with at least 2 weeks’ notice of your change of Address.
(b) If you change Address:
i. this Contract will continue unless you exercise a right to end it under this Contract;
ii. if any Product which you are subscribing to 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.
(c) We may charge you any costs we reasonably incur as a result of transferring your service to your new Address. 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 you have agreed to pay for the Product you have chosen ("Sky Broadband Payment") from the date your Line is first activated 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 other Sky subscription payments 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 in writing. This notice requirement does not apply to our right, in line with our Usage Policies, to upgrade you to a Product with a higher Usage Cap or charge you for going over your Usage Cap.
(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, including to reflect a change in the rate of VAT or other applicable taxation charge or levy, which affects your Sky Broadband Payment directly or our pricing structure generally. We will use our reasonable endeavours to notify you 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, or in line with our Usage Policies, if we upgrade your Product to one with a higher Usage Cap or charge you for going over your Usage Cap.
(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 in writing 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. This Condition does not apply to a change in your Sky Broadband Payment because, in line with our Usage Policies, you have been upgraded or if you incur charges for going over your Usage Cap. We will let you know about any other changes to your chosen Product in writing or by putting a notice on sky.com or through another suitable method.
(c) If we reduce the level of service provided by your chosen Product and you are materially disadvantaged by this you may give us notice that you wish to move to another Product accessible by you within 30 days 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 30 days 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) or 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.
(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, cabling or network equipment 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 or network equipment 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, your network equipment, 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, your network equipment, 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;
(i) any loss or corruption of data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue;
(j) any failure of monitored safety, security or other alarm systems due to incompatibility with Sky Broadband, or due to the restriction or ending of Sky Broadband, or any other reason which is not due to our fault or neglect;
(k) your use of any modem, wireless router or any other equipment that we have not supplied to you in order to access Sky Broadband; and
(l) any special, consequential or indirect losses.
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.
Nothing in this Contract will limit or exclude any liability we may have to you for death or personal injury as a result of our negligence or that of our agents, employees or sub-contractors; fraud or fraudulent misrepresentation; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
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 are materially disadvantaged by this you may end this Contract under Condition 11, even if you are within your Minimum Term (see Condition 11(c)).
(c) You will receive at least one calendar month's notice in writing of any changes or additions to these Conditions.
11. How long your Contract lasts
(a) You will be in breach of this Contract if you end it 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)(ii) or 7(c), (d), or (e) apply or you downgrade as allowed under our Usage Policies after you have been upgraded under that policy.
(b) You will have to pay us an early termination charge if we end this Contract during your Minimum Term under Condition 11(h) or you end this Contract 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 statutory right to cancel as set out in ‘Your Rights to Cancel Your Order’ (see below); or
c. If you are also a Sky TV customer 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 Your Order” in your Sky Contracts Booklet,
(in each case this Contract will automatically end at the same time unless you choose to take an available Sky Broadband Product without Sky TV ).
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). We will give you reasonable notice in writing before making any charge. For further information about these charges, go to sky.com/earlytermination
(c) You can only end this Contract during your Minimum Term if:
(i) Conditions 7(c), 10(b) or 11(e) apply;
(ii) we increase your Sky Broadband Payment, unless such increase arises under Condition 6(c); or
(iii) Condition 5(b)(ii) applies.
(d) To end this Contract under Condition 11(c), you must give us at least seven days' notice within 30 days of receipt of any notice from us.
(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(g), the amount of notice you need to give us will depend on which network your services are currently being provided on and on what you want to do with your broadband service.
a. If we are providing your services on BT’s network and 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.
(h) We can immediately suspend the provision of Sky Broadband and/or end this Contract by giving you seven days' notice in writing 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 in writing at any time.
(j) If you are on the Sky Network, you are only able to receive broadband and telephony services from Sky. This means that if your Sky Broadband service ends, your Sky Talk service will end at the same time and vice versa. If this happens 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 not be able to re-order Sky Broadband on its own as it is only available if you also order Sky Talk.
(k) If you have taken a static IP address and your Sky Broadband is disconnected, suspended or terminated for any reason, we may reassign your IP address to Sky or another Sky customer. Your old static IP address will not be available to you again if your service is reactivated or you subsequently return to Sky Broadband.
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).
(a) Where we are required under this Contract to give you any notice in writing, we can give you this notice by letter or by email. We will send notices using any of the contact details you have given us for this purpose (including, unless you tell us otherwise, to your primary email address). If we send you any notice by post with any other document, such as the satellite television magazine, the notice will be on a separate sheet of paper and will be clearly marked.
(b) You must provide us with accurate, true and correct contact details. You must keep this information up-to-date and check your email account regularly.
(c) Unless otherwise stated, if you give us any notice that is required under this Contract (other than to end your Contract) it should be by calling 08442 41 41 41 or such other number we notify to you for this purpose. You can also email us at MySky@bskyb.com.
(d) If you wish to contact us to end your Contract (other than where you are exercising your statutory right to cancel as set out in ‘Your Rights to Cancel Your Order’ of your contracts booklet) you must contact us by phone 08442 41 41 41 or write to us at Sky Subscribers Services Limited, PO Box 43, Livingston, West Lothian EH54 7DD, and cannot contact us by any other means.
If you have a complaint or query regarding Sky Broadband, you should follow our complaints procedure as set out in our Sky Customer Complaints Code which can be found on our website at http://www.sky.com/helpcentre/complaints-code/ or a copy can be provided on request by calling Sky on 08442 41 41 41.
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.
YOUR RIGHTS TO CANCEL YOUR ORDER
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, your Activation Date or receipt of this notice. Any cancellation within these timeframes must be in accordance with this notice.
2. You can cancel Sky Broadband by:
(i) calling 08442 410 515;
(ii) writing to Sky Subscribers Services Limited, PO Box 43, Livingston, West Lothian EH54 7DD;
(iii) sending a fax to 01506 48 43 43; or
(iv) by visiting the “Contact Us” section at sky.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 of your Wireless Router 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.adviceguide.org.uk.
If you take Sky Fibre Broadband and you require an engineer appointment, a separate cancellation policy applies to installation services which is contained in the Sky Fibre Broadband Installation Terms and Conditions (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.
Please refer to Condition 13(d) of your Contract for information about when and how you can cancel your Contract in other circumstances.
SKY FIBRE BROADBAND HOME INSTALLATION TERMS AND CONDITIONS
These are the terms and conditions under which Sky will arrange for the installation of network equipment to enable you to use the Sky Fibre Broadband service at your Address (“Contract”). You can call us in relation to this Contract on 08442 410 515.
In this Contract “Address” “Sky” and “Wireless Router” have the same meanings as given for those terms in the Sky Broadband subscription contract.
1. Installation and your services
(a) If you take Sky Fibre Broadband and no working compatible fibre broadband installation already exists at your Address, we may need to send an engineer to install network equipment required to enable you to access the service (“Standard Installation”). We will confirm at point of order if you will require an engineer appointment.
(b) You can also choose to have an engineer install your Wireless Router for you and connect one computer to the Sky Fibre Broadband service (“Managed Installation”). If you choose Managed Installation, you will be responsible for connecting any additional online equipment you may have.
(c) We will confirm the charges (if any) for your installation when you order.
(d) The installation of network equipment may require the consent of someone else (for example your landlord). You are responsible for ensuring that all necessary consents have been obtained before we install your network equipment.
(e) Sky will not install fibre optic broadband services where extensive construction over and above standard needs is required. If the engineer determines that the installation is not standard and is unable to proceed, we will cancel your order and refund any monies you have paid in full.
(f) We will organise a day for installation which is convenient for both of us and we will send you a letter confirming the date of your engineer appointment. Details of the arrangements you need to make for an engineer visit will be set out in your confirmation and appointment letters, or can be obtained by calling Sky Customer Services on 08442 410 515.
(g) On the day of installation, prior to visiting your home, the engineer will need to disconnect your phone line for a short period. If possible you should make alternative arrangements to enable you to make calls to emergency services during this period. If you already have broadband, this will also be taken out of service during the installation.
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).
(a) If you require an engineer visit to install your Sky Fibre Broadband service, you may re-arrange or cancel your appointment date by contacting us on 08442 410 515 at any time before 3.30pm on the working day before your scheduled appointment. If you rearrange or cancel your appointment after this time, 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.
(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.adviceguide.org.uk.
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.
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 go over that Usage Cap each month. For the current Usage Caps on each Product, please go to www.sky.com/broadband.
The first time you go over your Usage Cap we will send you an email alert to your preferred email address you have given us for this purpose (or your Sky Yahoo! Mail address if you have not given us an alternative preferred email address) or a letter by post to your Address if you do not have an email address. This alert will let you know what will happen if you go over your Usage Cap again.
If in any subsequent month, we see you are approaching your Usage Cap, we will send you another email (or another letter if you do not have an email address) to let you know that you have reached 70% of your Usage Cap. You can also opt to receive further alerts (by email only) to let you know how much of your usage allowance you have used. You can also monitor your usage online at www.sky.com/usagetool.
If you go over your Usage Cap more than once in any six month period, then we will:
(a) automatically upgrade you to a Product with a higher Usage Cap. Once you have been upgraded, you may downgrade without charge to your original Product if you reduce your monthly usage to below the Usage Cap for your original Product in any subsequent month; or
(b) charge you fair and reasonable costs for your usage (and any reasonable administration costs) in excess of your Usage Cap.
If we do either of these things, we will let you know by email and by post. In this notice we will also explain the consequences of you going over your Usage Cap, for example, the increased subscription or other charges you incur.
To ensure you get your email alerts you should make sure that we have an email address that is up-to-date and that you check for emails regularly. If we receive a failed delivery notice after sending an email alert we will not send your alert by post to your Address.
SKY BROADBAND CONNECT TRAFFIC MANAGEMENT POLICY
Sky Broadband Connect is subject to a Traffic Management Policy in addition to the monthly Usage Cap.
We continuously monitor and efficiently manage the performance of Sky Broadband Connect to ensure that we provide a sustainable quality broadband service to our customers. When our network is busy we give priority to applications such as browsing, email, streaming, instant messaging, gaming and VOIP.
This means that certain applications which use up a lot of bandwidth (for example peer-to-peer file-sharing, large file downloads and newsgroups), which have a negative effect on other customers, may run slower at peak times. Our network is busiest between 4pm and 11pm on weekdays and all day at the weekend, but can be busy at other times too, depending on regional, national and international demand.
In addition, we monitor customers who use the most bandwidth and whose usage is having a negative effect on other customers. Customers who breach the Usage Cap or who regularly download large amounts at peak times will have restrictions placed on their accounts to reduce their download speeds at peak times. Only a small number of customers will be affected by this, typically fewer than 5%. We remove these restrictions when our network is not busy.
Please note that this Network Management Policy does not apply to Sky Broadband Lite, Sky Broadband Unlimited, Sky Broadband Unlimited Pro or Sky Fibre Broadband.
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 firstname.lastname@example.org
Don't use Sky Broadband illegally!
Sky Broadband and Sky's networks 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 Sky's networks 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"). We may also put technical measures in place to prevent you from accessing websites that we are required to block by Laws or because a Court tells us to or where we reasonably suspect that the website contains content or facilitates behaviour that is prohibited by this AUP. 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's networks' 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's networks 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 Sky's networks to insecure machines, equipment or services able to be exploited by others to carry out actions which constitute a breach of this AUP. If you do, you must disconnect it immediately, or allow us to disconnect it for you at your expense.
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 Sky's networks . 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.
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 Sky's networks 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 Sky's networks 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 Sky's networks or Sky Broadband, please email us at email@example.com.
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 and/or by post to your Address (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; or
(e) remove (either temporarily or permanently), copy, store, monitor or otherwise deal with data and/or other material on Sky's networks and/or our servers.
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 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.
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