Talk Terms & Conditions – UK
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 Line Rental") (each a "Sky Talk Service"). You cannot take Sky Line Rental without Sky Talk Calls.
If you have Sky Talk Calls without Sky Line Rental (for example, if you are an existing Sky Talk Calls only customer or if you have cancelled Sky Line Rental) you will need to pay line rental to BT.
Can I receive Sky Talk?
To receive Sky Talk, you must have an active BT compatible phone line. If you are also a Sky TV customer and 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 don't have a working BT compatible phone line and you are taking Sky 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 or email with the date of your appointment. If you want to re-arrange your appointment, you must contact us before 3.30pm on the working day before your engineer appointment. If you re-arrange 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. 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 you have paid in full.
Sky 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 Network?
If you take Sky Talk Calls, Sky Line Rental and Sky Broadband Lite, Unlimited or Unlimted Pro, 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 Network. Whether we provide your Sky Talk and Sky Broadband 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 onto 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 switch your line rental and calls service to another provider or to cancel your Sky Talk Services, 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.
If 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 have to pay a charge for the re-activation of your phone 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.
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 Features which are not available on the Sky 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 each Sky Talk Service is activated (“Minimum Term”). If you have Sky Talk Calls by itself and subsequently decide to take Sky Line Rental, a Minimum Term will apply to Sky Line Rental from the date your Sky 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 Your Order’ (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 in writing before these charges are made (See Condition 8.8). For further information about these charges, go to sky.com/earlytermination
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 you are a Sky TV customer and your Sky TV viewing is restricted or ends under the terms of your Sky TV subscription contract, your Sky Talk Service(s) may 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 in writing 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 Line Rental customer you will be unable to make calls to emergency numbers until your Sky Line Rental is re-activated or you connect with another telephone line provider.
If you are on the Sky Network and your Sky Talk Services end your Sky Broadband service will also end.
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 are materially disadvantaged by this you will have a right to move to another package or Service or to end this Contract. Unless a price increase is required for legal or regulatory reasons or due to a change in VAT, you can also end the Contract during your Minimum Term if we increase (a) the monthly subscription price of your Sky Talk Calls package or Sky Line Rental or (b) any other price in relation to the Sky Talk Service which is to your material disadvantage. If you wish to end this Contract for these reasons, then you need to give us at least 7 days notice within 30 days 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 (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 in writing of (i) any increase in the monthly subscription price of your Sky Talk Calls package or Sky Line Rental service or (ii) 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 in writing or by putting a notice on sky.com 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 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?
Remotely monitored security alarm, social alarm and Telecare services utilise your phone line. If you have one of these services it is your responsibility to ensure it is compatible. If you have one of these, you should contact us straightaway on 08442 410 046 to ensure your service is not affected.
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 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 making 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 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.
Information held by the 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 on 08442 41 41 41 or 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.
Here are the detailed Conditions of Sky Talk:
These are the terms and conditions( "Conditions") under which Sky Talk Calls and Sky Line Rental ("Sky Talk" or "Sky Talk Service") will be provided to you. These Conditions are divided into two parts. If you have Sky Talk Calls without Sky Line Rental ("Sky Talk Calls only"), only Part A will apply. If you are a Sky Talk Calls and Sky Line Rental customer, both Part A and Part B will apply and you must read them both.
This Contract is between you and British Sky Broadcasting Limited which is responsible for providing you with Sky Talk Services. Sky Subscribers Services Limited ("SSSL") provides customer services in relation to Sky Talk as an agent for Sky. Sky may contract with 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 can only have Sky Talk on one line in your home unless we tell you otherwise.
1.2 Sky Talk will be provided at the address of your home that you notify to us from time to time ("Address"). This address must be in England, Scotland, Wales or Northern Ireland. You must 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 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 take Line Rental from BT.
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 the Sky 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 2 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’ or ‘no extra 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 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 you have agreed to pay 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 other Sky services. 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 other Sky subscription payments (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 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 in writing if we increase the monthly subscription price of your Sky Talk Calls package or Sky Line Rental service or if we increase any other price in relation to a Sky Talk Service which is likely to materially disadvantage you. We will let you know about any other price changes in writing or by putting a notice on sky.com or through another suitable method. Sky Talk packages, fees and call rates applicable from time to time may be viewed on our website (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, including to reflect a change in the rate of VAT or other applicable taxation charge or levy. We will use our reasonable endeavours to notify you 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 inclusive calls). We will give you at least one calendar month’s notice in writing if we make a change to your Sky Talk Calls package or your Sky Line Rental service which could affect your Sky Talk monthly subscription charges or which is likely to materially disadvantage you, or if we withdraw your chosen Sky Talk package. We will let you know about any other changes to your Sky Talk package in writing or by putting a notice on sky.com or through another suitable method.
5.4 If we change your chosen Sky Talk Service and you are materially disadvantaged by this, you may give us notice that you wish to move to another Sky Talk Calls package within 30 days of receiving our notification 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 in writing to you if:
(a) you are a Sky TV customer and 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 unless you choose to continue to take Sky Talk without Sky TV);
(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 in writing before your Sky Talk Service is restricted or ends under this Condition 7.4.
7.5 We may modify or temporarily suspend your Sky Talk Service 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 Talk and we will restore Sky Talk 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 it is due to last for more than 1 hour.
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 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 and will be in breach of this Contract if you end it before the end of this Minimum Term. If you have Sky Talk Calls by itself and you subsequently decide to take up Sky Line Rental, a new 12 month Minimum Term will apply to your Sky Line Rental from the date your Sky Line Rental service is activated.
8.2 You can only end this Contract during your Minimum Term(s) if:
(a) you are exercising your statutory right to cancel as set out in 'Your Right to Cancel Your Order' (see below);
(b) Conditions 5.4, 8.4 or 12.2 apply;
(c) we increase:
(i.) the monthly subscripton price of your Sky Talk Calls package or Sky Line Rental service; or
(ii.) any other price in relation to a Sky Talk Service which is 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 are also a Sky TV customer and 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. 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. 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 statutory 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 Sky Talk without Sky TV).
8.3 To end this Contract under Condition 8.2, you must give us at least 7 days’ notice within 30 days of receipt of any notice from us.
8.4 You may end this Contract at any time (including during the Minimum Term) by giving us 7 days’ notice if we have 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 in writing 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, we end this Contract under Conditions 7.1 (a), 7.1 (d), 7.1 (e), 7.1 (f) or 7.3 or you end this Contract (other than where you have a right to do so under Condition 8.2 or 8.4), 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). We will give you reasonable notice in writing before making any charge. For further information about these charges, go to sky.com/earlytermination
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 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 Network and your Contract ends your Sky Broadband service will end 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.
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 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
(j) 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; and
(k) any special, consequential or indirect losses.
9.2 As SSSL is acting as Sky’s agents SSSL and each of its officers, employees and agents have no liability to you or any other person who you allow to use Sky Talk.
9.3 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 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 to act on your behalf in all dealings with Openreach or any other network operator in connection with the provision of Sky Talk to you and you consent to 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 are materially 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.
12.3 You will receive at least one calendar month’s notice in writing 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 Where we are required under this Contract to give you 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.
13.2 You must provide us with accurate, true and correct contact details. You must keep this information up-to-date and check your email regularly.
13.3 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 410499 or such other number we notify to you for this purpose. You can also email us at MySky@bskyb.com.
13.4 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 regarding your Sky Talk service, you should follow our complaints procedure as set out in Sky Customer Complaints Code which can be found on our website at http://www.sky.com/helpcentre/sky-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.
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 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 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 (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 There are some Optional Features available on the Sky Network. 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 Network.
3. Line installation, Faults and Repairs
3.1 If you are a Sky 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 or installation of a new line, 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 contact us after 3.30pm on the working day before your appointment to re-arrange your engineer’s visit for the installation 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 (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 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.
GROUP COMPANY DETAILS
British Sky Broadcasting Limited (Registration No. 2906991), Sky-In-Home Service Limited (Registration No. 2067075) and Sky Subscribers Services Limited (Registration No. 2340150) are direct or indirect subsidiaries of British Sky Broadcasting Group plc (Registration No. 2247735).
British Sky Broadcasting Limited, Sky-In-Home Service Limited and Sky Subscribers Services 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.
Your Rights to Cancel Your Order (before activation)
(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 3.30pm on the working 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 order by:
(i) calling 08442 410 499;
(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 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 order.
(6) If you cancel your New Phone Line order in accordance with your statutory 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.adviceguide.org.uk.
Please refer to Condition 13.4 of your Contract for information about when and how you can cancel your Contract in other circumstances after activation.
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