Freesat Terms and Conditions

  • FREESAT FROM SKY - TERMS AND CONDITIONS

    These terms and conditions apply to freesat from Sky. We are Sky Subscribers Services Limited (“SSSL”) and are responsible for supplying your Viewing Card. We also act as agent for Sky In-Home Service Limited (“SHS”) in relation to the supply and installation of Digital Satellite Systems under these Conditions. Unless otherwise made clear, references to “we” or “us” in these Conditions are references to SSSL. You can contact SSSL at PO Box 43, Livingston, West Lothian EH54 7DD.

     


    IMPORTANT TERMS
    See also the further terms and conditions set out on the following page.


    Am I eligible for Freesat from Sky?
    To enter into this agreement you must be 18 years of age or over. The products provided under this agreement are only for use in your home, which must be in the UK, the Isle of Man or the Channel Islands. If you move home, you must inform us of your new Address.


    What will I receive?
    If you have purchased the Freesat from Sky package you will receive a Digital Satellite System, one Viewing Card and professional standard installation. Extra costs may apply if your installation is not standard (see Section A below for more details). If you have only purchased a Freesat Viewing Card you will just receive one Viewing Card. You will need to obtain your digital satellite system separately.


    Your viewing card
    You may only use your Viewing Card for private viewing purposes at your Address in the UK, the Isle of Man or the Channel Islands. For security reasons Viewing Cards may be inactivated from time to time. In this situation, if you wish to continue to receive all the encrypted Free to View channels, you will have to purchase a new viewing card at our then applicable standard charge. If possible, viewing card inactivations will be advertised on your television screen.


    Which channels and services will I be able to receive?
    You will be able to receive any of the Free to View Channels (including interactive services). As the Free to View Channels are supplied by third party broadcasters their availability, and the content of such channels, is outside our control.

    To receive Sky digital channels or services via your Digital Satellite System you must enter into a Sky digital subscription contract. The terms and conditions which apply to Sky digital are set out in the contract below. Once you have read these, call Sky on 03442 410 595 for information about packages and to upgrade.

    All prices stated are inclusive of VAT (where applicable) and are correct at time of print (February, 2013).


    Do I have to connect my Box to a phone line?
    No. However, as part of a standard installation we will try to connect your Box to a working telephone line to enable you to make full use of the interactive services available on the digital satellite platform. We will do this unless you ask us not to, or an appropriate socket is not available, or the Box cannot be connected for another reason. In connecting the Box to the socket we will use the nearest available socket and any cabling will be clipped to the relevant skirting.

     


    What can you do with information you hold about me?
    By entering into this agreement you agree that we may use and share the personal details you provide to us, and information we have about the products you have purchased, with:
    (i) other companies in the Sky UK group
    (ii) companies that offer interactive services on the digital satellite platform through your Box activating the telephone line if connected; all of which may use such information for sales, marketing and market research purposes. Companies in the Sky UK group may also use such information for 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 made will be in accordance with applicable data protection legislation.

    You also agree that we may pass such information to other third party companies, including for sales, marketing and market research purposes.

    If you do not wish us to share such information with other third party companies, please call us on 03448 244 400.

    Section A of these Conditions applies to the supply and installation of your Digital Satellite System if you have ordered one. Section B and C apply to all customers taking up freesat from Sky.


    Definitions
    In these Conditions:

    Address: means the address of your home in the United Kingdom that you notify to us from time to time.
    Box: means an authorised digital satellite decoder using Sky’s digital conditional access (encryption) system including a remote control (but not including any associated equipment (such as the Minidish)).
    Conditions: means these conditions, and any changes we may make to them.
    Digital Satellite System: means digital satellite receiving equipment including a Box and Minidish.
    Free to View Channels: means the free encrypted and unencrypted digital satellite channels and services provided by broadcasters and other providers on the digital satellite platform from time to time.
    Minidish: means the dish enabling reception of digital satellite broadcasts.
    Viewing Card: means the card which will allow you to receive encrypted Free to View Channels when used with a Box.
    United Kingdom: means the United Kingdom of Great Britain and Northern Ireland, the Isle of Man, or the Channel Islands.

     

    A. SUPPLY AND INSTALLATION OF YOUR DIGITAL SATELLITE SYSTEM
    In this section A, references to “we” or “us” shall be read as references to SHS.

    1. Digital Satellite System
    (a) We will supply and install a Digital Satellite System at your Address. We will select the make and model of the equipment supplied at our discretion.
    (b) On installation the Digital Satellite System will become your property, except for the software in the Box, which is owned by, or licensed to us or another member of the Sky UK group (see Section B1(h) below).

    2. Warranty
    (a) The Digital Satellite System comes with a warranty against faults arising in the first 12 months after installation. This also covers cabling and/or installation faults. The following are not covered by the warranty: (i) faults arising from misuse; (ii) accidental or deliberate damage; (iii) cosmetic damage which does not affect the functionality of the Digital Satellite System; and (iv) damage caused by events outside the reasonable control of SHS or its suppliers. To report a fault, please call SHS on 03442 411 602. If a reported fault cannot be remedied by one of our engineers during a visit to your home, then we 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). 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. This warranty only applies to equipment purchased under these Conditions and does not affect your statutory rights.

    3. Installation
    (a) Once your application has been processed we will organise a day for installation which is convenient for both of us. You must ensure that we are able to access your Address on the appointed day to deliver and install your Digital Satellite System.
    (b) The installation of your Digital Satellite System 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 System. (c) If you already have satellite equipment and you want us to remove it, you must be the owner of it. It must not be subject to any rental, finance or other agreement with any other company or person.

    4. Additional Works
    (a) A “standard installation” assumes that no additional cabling, bracketry or other equipment is required or any works are required which are beyond the scope usual in a normal installation. An installation may not be standard where, for example, 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 System.
    (b) If the installation of your Digital Satellite System is not standard you will be charged a reasonable sum for any additional equipment or works that are required. You will be advised about these charges before your Digital Satellite System is installed, which may need to be rearranged for another time. If you do not agree to those charges, you may cancel your installation, and we (or your retailer as applicable) will repay anything you have already paid.
    (c) If you already have satellite equipment and you wish to continue using it, or have it moved to another position 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 System.

    Please call 03442 411 602 for further details and full installation options.


    B. VIEWING CARD TERMS
    1. The Viewing Card
    (a) The Viewing Card acts as a key so that you can unlock encrypted digital satellite services. Having a Viewing Card does not mean you have a right to receive Free to View Channels or any other channels or services.
    (b) We continue to own the Viewing Card after it is sent to you and, if we ask you to, you must return it to us after the period during which we are obliged to provide you with a Viewing Card, or when a replacement Viewing Card is sent to you, or when otherwise reasonably requested by us, for example if you breach these Conditions.
    (c) Only you may use the Viewing Card which we send you. You can only use the Viewing Card at your Address with the Box for which it is first authorised by us to receive encrypted Free to View Channels. 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 United Kingdom.
    (e) Any change of your Address must be notified to us immediately.
    (f) If you give your Viewing Card to anyone else we can make it invalid.
    (g) You must not tamper with the Viewing Card or use it for anything we do not authorise.
    (h) In order to continue to receive encrypted Free to View Channels 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, SSSL or another member of the Sky UK group. You must allow us to update the software in your Box by sending additional signals via satellite to your Box. You must not tamper with the software in your Box or authorise anybody else to do so.
    (i) As part of the proper administration of the digital satellite platform, we shall be entitled to disclose your name, address and the services you receive via the Viewing Card and its number to providers of Viewing Cards and of Free to View Channels for which your Viewing Card is enabled.
    (j) If your Box is connected to a telephone line, information may be passed from it to us and vice versa by telephone. For example, we may use the telephone line to enable your Viewing Card or to confirm that software updates have been correctly downloaded via satellite to your Box.

    Sky Subscribers Services Limited Registered in England (No.2340150) Registered Office: Grant Way, Isleworth, Middlesex TW7 5QD.

    2. How long is the Card valid for?
    (a) For security reasons Viewing Cards may be inactivated from time to time. In this situation, if you wish to continue to receive all the encrypted Free to View channels, you will have to purchase a new viewing card at our then applicable standard charge. If possible, viewing card inactivations will be advertised on your television screen.

    (b) We may make the Viewing Card invalid if it is necessary to protect the security of our conditional access system or, if we believe you are using the Viewing Card in ways which are not authorised, or where it is otherwise reasonable for us to do so (such as fraud).

    3. Lost, stolen or malfunctioning Viewing Cards
    (a) If your Viewing Card is lost, stolen, damaged or faulty, you must tell us immediately either by phoning 03442 411 602 or by writing to us at PO Box 43, Livingston, West Lothian EH54 7DD.
    (b) If your Viewing Card is damaged or faulty and you return it, we will replace it free of charge if it had a defect when it was supplied to you. If the card is becomes faulty or is damaged after we supplied it to you, or you do not return it to us when requested, or if it is lost or stolen, we can charge you the cost of replacing it. We will make invalid any Viewing Card that you tell us is faulty, damaged, lost or stolen. The Conditions in this Section B will continue to apply until you return your Viewing Card to us.

    C. GENERAL CONDITIONS
    1. Liability
    (a) Neither SHS nor SSSL will be liable under these Conditions for:
    (i) any fault in any Box or other receiving equipment you use which has not been supplied under these Conditions;
    (ii) any fault in your Viewing Card caused by you tampering with it, your negligence or your failure to follow SSSL’s instructions or these Conditions;
    (iii use of a Viewing Card with any decoding apparatus SSSL does not authorise;
    (iv) events outside our reasonable control;
    (v) any loss or damage caused by us or our 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 or by any of our employees or agents; or
    (ii) such loss or damage is not a reasonably foreseeable result of any such breach;
    (vi) any loss or damage caused by either of us or our employees or agents to the extent that such loss or damage results from any breach by you of these Conditions.
    (b) SSSL shall have no liability to you under the Conditions in Section A above relating to the supply and installation of Digital Satellite Systems. SHS shall have no liability to you under the Conditions in Section B above relating to the Viewing Card.
    (c) Neither SHS nor SSSL will be liable if the Free to View Channels, any of their content, or the terms on which they are made available, are withdrawn or changed.

    2. Changing the Conditions
    (a) We cannot change or add to Conditions C1 or this Condition C2 except for security, legal or regulatory reasons.
    (b) We cannot change or add to any other Conditions unless it is reasonable to do so.
    (c) You will receive reasonable notice of any changes or additions.

    3. Right to transfer the Contract and Third Parties
    (a) We can transfer our rights or obligations under these Conditions to any company, firm or person. We can only do this if it does not affect your rights in a negative way.
    (b) This agreement is personal to you. You may not transfer your rights or obligations under this agreement to anyone else, and no third party is entitled to benefit under this agreement except pursuant to Condition C3(a).

    4. Notices
    (a) Where we are required under this Contract to give you notice it must be in writing. We will send notices using any of the contact details we hold for this purpose (including, unless you tell us otherwise, to the primary email address we hold for you). If we send you any notice with any other document, such as the satellite television magazine, the notice will be clearly marked and, if sent by post, will be on a separate sheet of paper.

    (b) You must provide us with accurate, true and correct contact details. You must keep this information up-to-date and check the primary email account we hold for you regularly.

     

    5. Law and Geographical limits
    (a) This agreement is governed by English law. Any court proceedings relating to disputes arising under this agreement must be dealt with by the courts in England and Wales or any other United Kingdom court that can lawfully deal with the case.

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