b. re-selling, or making any charge for watching or using, all or
any part of the services; and/or
c. showing all or any part of the services to the public even
where no admission fee is charged.
2. If we believe that you (or anyone who uses your equipment or SIM)
are using the services in any of the ways set out in Section H.1 and
consider it to be a serious issue, we are entitled to reduce, suspend
and/or terminate any or all of the services (except for calls to
emergency services) without giving you notice. Where we do reduce
or suspend the aected service we will reinstate the service if we
have been able to resolve the issues with you within a reasonable
time but we will need your reasonable co-operation to do so. We
will terminate the services and agreement with you where this is
not possible or if we consider, acting reasonably, that your breach is
suciently serious and requires us to terminate the agreement. We
may also immediately terminate the services we provide you and this
agreement where we reasonably consider your misuse to be very
serious or harmful to others.
3. We may charge you a fee to reconnect you to our services except
where this is required as a result of network problems as set out
in Sections G.1 and G.2 or due to our fault. Details of any fee are
included in our tari table
4. We reserve the right to remove by immediate notice material placed
on our servers by you or other users which we, in our reasonable
opinion, believe breaks this agreement.
5. You agree to take responsibility for all liabilities, claims and losses
which are in any way connected with you misusing the services, or
with getting the services without our permission, and to repay fully
any costs or losses of this kind which we may suer. This also applies
if you do not meet your responsibilities under this Section H.
6. Unless we advise you otherwise, please take reasonable steps to
make sure that, while it is not in use, the electricity supplied to the
equipment (such as the set top box or hub) is not turned o and that it
is in standby or rest mode, as this allows us to send important updates
(for example security updates) to the equipment.
7. Where a usage or storage allowance is allocated to you as part of
the services, you are responsible for making sure that you do not use
more than your allowance. We are not responsible for any negative
consequences of your failure to do so. Furthermore, if you exceed
any allowance applicable to your services, we may re-grade the
services in question at the appropriate charge and/or charge you
for any additional usage or storage at the appropriate rate (if any) as
set out in the price guides. Where we believe this type of charge is
necessary we will try and discuss this with you rst but if we cannot
contact you and we make such changes we will notify you as soon
as possible.
8. In particular, if you subscribe to a service allowing internet access
that has a limit on the amount of data that you are allowed to
download or upload each month (monthly usage allowance), you
must not exceed that monthly usage allowance. You can monitor
your usage within the My Usage section of your My Virgin Media
account, or for your mobile services, your My Virgin Mobile
account or associated app. We will send alerts to tell you if you are
approaching your monthly usage allowance via text and email, after
which, if you still choose to continue exceeding your allowance we
will add an unlimited data pack for the rest of your billing period at
additional charge, as set out in the price guide. At the end of your
billing period your monthly usage allowance will then be reset to
previous limit which will then apply. You are responsible for providing
us with an active email address and mobile number that you check
regularly to receive these updates. You can nd details of relevant
charges within the My Alerts pages within the My Usage section of
your My Virgin Media account or, for mobile services, your My Virgin
Mobile account.
9. We may turn o your messaging services if they are inactive for an
extended period of time but we will let you know before this happens.
If we do turn o your messaging services you will lose all of the
content in your messaging services and we will be unable to forward
any unopened or unsent messages to you or anyone else.
I. Using the equipment
1. We provide equipment to you for as long as you continue to receive
services from us. The equipment remains our property at all times
and we may need to alter or replace it from time to time. For us to do
this, we may need reasonable access to your home. We also need
you to follow our reasonable instructions if we need to send you
replacement equipment, for example where we need to upgrade our
hub or set-top-box for security or performance improvements.
2. You are responsible for making sure that our equipment is safe and
used properly at all times. To do this, you agree to do the following:
1. follow the manufacturer’s instructions and any other reasonable
instructions we have given you;
2. keep the equipment in your home and under your control (for
example, you may not sell it, lend it or hire it out to anyone else,
put it up as security for a loan or mortgage, or allow it to be seized
under any legal process against you);
3. insure any of the equipment against any loss, theft or damage for
the full replacement value;
4. not tamper with disassemble, misuse, neglect or damage the
equipment;
5. not remove, tamper with or cross out any words or labels on the
equipment; and
6. take proper care at all times to try and prevent the loss or theft
of equipment.
3. You agree to tell us as soon as you can about any loss or damage
to any part of our equipment. You should do this by contacting our
customer services team. You agree that you are responsible for any
loss of or damage to the equipment, regardless of how it happens,
unless it is our fault. We will charge you for any loss of or damage to
the equipment that you are responsible for, and that charge will not
be more than the charges set out in the price guide for the relevant
equipment.
4. If we or you end this agreement, if you decide to disconnect from
some of our services, or if you wish to take up an oer to upgrade
the equipment we provide to you, then unless we have informed your
otherwise (e.g. on our website) you must return the equipment to
us or (if we choose) make it available for collection in a reasonable
condition, allowing for fair wear and tear. If you fail to return or make
available the equipment for collection for any reason, we are entitled
to charge you for the replacement cost or reasonable recovery costs
of the equipment. If we hold any of your money we may use that
money towards the cost of refurbishing or replacing the equipment. If
you have any additional equipment, we’d encourage you to dispose
of it responsibly if you’re no longer using it so please contact us for
further information about disposing of your additional equipment.
Please see our price guide for the more information on non-returned
equipment and the charges we may apply.
5. You may use your equipment together with our equipment, but
(unless we have recommended it to you) we cannot guarantee that
our equipment will work with your equipment. We will not be liable
in any way for any loss or damage arising from your use of your
equipment with the equipment. We will not be liable for any loss
of or damage to any additional equipment unless it is our fault.
We have the right to charge you for any replacement additional
equipment.Your personal information may be used for the purposes
set out in this agreement and our Privacy Policy for so long as you are
a customer and for as long as is necessary for such purposes after we
cease providing the services to you. If you do not pay your bills for
the services then we reserve the right to transfer your debt to a third
party in which case your personal information will also be transferred
to that third party for it to use in connection with the recovery of your
debt. Such third party will take such action to recover your debt as
it considers appropriate and will not be acting on behalf of or to our
instructions.
6. You will have received certain software in the equipment at the point
of activation of your services, and other software programs we may
deliver to the equipment from time to time, which the equipment will
automatically accept. You may use this software solely in executable
code form and solely in conjunction with the equipment. You must
not use any unauthorised software on the equipment. Certain
equipment we provide to you may also be accompanied by separate
software intended for installation on other devices within your home.
If you install this software on such devices, the terms of use of the
software will be governed by an end user licence agreement, which
you must accept before you install the software.
7. We and our suppliers retain title to and ownership of the software
for the equipment we provide to you and all intellectual property
rights in and on that equipment. All TiVo copyrights and trademarks
are the exclusive property of TiVo Inc. TiVo Inc. is an intended third-
party beneciary of this Section H.7 which means that TiVo Inc. can
independently enforce the terms of this Section I against you.
8. We reserve the right to automatically enable any additional and
separate bandwidth on the equipment we provide in order to oer
a separate wireless local area network (Wi-Fi Hotspot) for other
customers in the local area to connect to as long as this does not
adversely aect the services we provide to you.
J. Paying for your services
1. You will receive two bills for your services as follows:
- ‘Virgin Services Bill’- includes your monthly recurring charges,
any charge to bill charges and additional fees for Pay-per-View
programmes or third party content and services.
- ‘Virgin Mobile Usage Bill’ - includes the charges for any add-ons,
additional services and other out of allowance charges that are not
included in your airtime plan
2. You are responsible for and must pay the charges for the services as
set out in our price guides (see www.virginmedia.com/priceguides)
or as otherwise notied to you (for example as set out in your order
summary, change of service receipt and your bills), together with any
applicable value added tax or other applicable taxes. All payments
by you in respect of the monthly recurring charge for your services
should be made to Virgin Media Payments, who will provide you
with all necessary payment handling services for Virgin Media and
all payments by you in respect of add-ons, additional services and
other out of allowance charges should be made to Virgin Mobile.
Virgin Media Payments and Virgin Mobile agree to collect and
process all payments made by you to it promptly and ensure that they
are applied in settlement of the charges to which they relate. Virgin
Media Payments and/or Virgin Mobile may charge you a separate
service fee for collecting and processing such payments as provided
in Section J.6.3 below.
3. We can change the charges as set out in Section L.4, but if we do so,
this may entitle you to end this agreement without needing to pay an
early disconnection fee. You can read more about this in Section O.6.
4. You must ensure that your payments are received by Virgin Media
Payments and Virgin Mobile by the due date for payment shown
on your bill. If you do not pay your bills on time, you may need
to pay interest or other charges for your default as set out in our
price guides. We may also charge you the costs of debt recovery
proceedings to recover any debt you owe under this agreement.
Reminders will normally be sent for late bill payments.
5. If you do not pay your bills we may suspend your services in line with
our non-payment policy as set out below:
1. Virgin Services Bill we may suspend or cancel the services in
their entirety.
2. Virgin Mobile Usage Bill - we may suspend or cancel your mobile
service only.
6. Some parts of the services may enable you to access third party
content and services some of which may require you to accept
additional terms and which may be subject to additional fees (for
example a subscription you may have to access an organisation’s
TV streaming service), and you agree that you (and not us) are
responsible for paying any charges from such other organisations
while using the services. These charges are known as ‘charge to bill’
services. Where third party services you receive have been added
at your request to your Virgin Services Bill, you agree to pay Virgin
Media Payments for such charges in the same way as for all other
charges on your bill
7. The following provisions apply regarding billing and payment:
1. Under this agreement, if you ask for any changes to the services
provided by us, these changes will be reected by adding or
removing proportionate amounts to your rst bill after the change
and to your payments every month after that.
2. You must pay both of your bills by direct debit from a suitable
bank allowing such payments and you must maintain active
direct debits during your minimum period and at any time we are
providing you with services.
3. If any direct debit of yours is cancelled or is not cleared by your
bank or building society, we are entitled to charge you a default
fee and the provisions of Sections J.4, J.5and J.6 and M.1.3 will
also apply.
4. We will bill you electronically via E-billing, and you must provide
us with a valid and current e-mail account to which we will send
your bills. You may choose to receive a paper bill instead. If you
choose a paper bill, we may charge you an additional amount for
this service, which we will tell you about when you request the
change. A charge will be payable for in respect of both the bill
from Virgin Media Payments and the bill from Virgin Mobile if a
paper bill is requested for either of these bills.
5. The accuracy of the e-mail address you provide to us for E-billing
purposes is entirely your responsibility.
6. We reserve the right to refuse use of the E-billing service to
anyone for any reason whatsoever, or to modify or discontinue
(permanently or temporarily) the E-billing service to you or all
recipients, in our reasonable discretion. You shall remain fully
responsible and liable to pay any bills of which notication has
been sent to the e-mail address you have specied whether or not:
a. you access that e-mail account and read the relevant e-mail;
b. you are disconnected from your e-mail account (for any
reason); or
c. for any other reason (other than our negligence) you fail to
read the relevant notication.
7. Due to the nature of the internet and the need from time to time
to update, upgrade and maintain the E-billing service, we cannot
guarantee uninterrupted access to the E-billing service.
8. If you want to change any of the services agreed to, we may
charge you a fee. We will notify you of the amount of any such
charge when you request the change.
8. We are entitled to carry out credit checks on you at any time. This will
be done by making searches about you at credit reference agencies
who will supply credit information about you, as well as information
from the Electoral Register. The agencies will record details of the
search, whether or not the application goes ahead. We may use
credit-scoring methods to assess the application and to conrm your
identity. We and other companies may use credit searches and other
information which is provided to us, or the credit reference agencies,
about you (and those to whom you are linked nancially) if credit
decisions are made about you, or other members of your household.
This information may also be used to trace debt and manage your
account and to reveal information on your payment history to
the usual credit agencies. Your details will be checked with fraud
detection agencies and if false or inaccurate information is provided
and fraud is identied, 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
and facilities; recovering debt; checking details of proposals and
claims for all types of insurance; 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 write to Virgin Media’s Head of Risk at 500 Brook
Drive, Reading, RG2 6UU if you want to receive details of the relevant
fraud prevention agencies. You have a legal right to these details.
9. If at any time before or during the term of this agreement you fail to
meet the credit conditions required by us, we may do the following as
long as it is reasonable for us to do so:
1. require you to make a payment (which shall be made to Virgin
Media Payments and/or Virgin Mobile) in advance for future
charges;
2. enforce credit limits on you for any charges (to the extent that
we and/or Virgin Media Payments and/or Virgin Mobile, as
appropriate, believe is reasonable in the circumstances), restrict
the level of services we provide to you, only allow certain
methods of payment and/or suspend some or all of the services at
any time when you reach the limits until we have received the full
payment of any charges you owe under this agreement; and/or
3. not provide you with access to Pay-Per-View programmes or
additional services.
10. You must provide promptly and accurately all the information which
may be needed so that we, Virgin Mobile and Virgin Media Payments
can perform our respective obligations under this agreement. You
must also tell us immediately if any of your details change.
11. Your personal information may be used for the purposes set out
in this agreement and our Privacy Policy for so long as you are a
customer and for as long as is necessary for such purposes after we
cease providing the services to you. If you do not pay your bills for
the services then we reserve the right to transfer your debt to a third
party in which case your personal information will also be transferred
to that third party for it to use in connection with the recovery of your
debt. Such third party will take such action to recover your debt as
it considers appropriate and will not be acting on behalf of or to our
instructions.
K. Your information and how it is looked after
1. Please take time to read our Privacy Policy and our Cookies Notice
which apply to the use of your personal and other information by
Virgin Media and its group companies but which do not form part
of these terms and conditions. We may need to change our Privacy
Policy and Cookies Notice from time to time. Our latest Policies will
always be posted the Virgin Media website.
2. To make sure you are always getting the best possible customer
service, we may monitor and record phone conversations you have
with our teams.
3. We may monitor any content or material transmitted over our
network, including email and internet communications, where
required by law or an enforcement authority, or as part of any actual
or potential criminal or suspected fraudulent activity. Any data we
collect will be in accordance with our Privacy Policy and our Cookies
Notice.
4. We also reserve the right to monitor and control data volume and/or
types of trac transmitted via the services and/or equipment
5. If you have taken mobile insurance via the Virgin Mobile website we
will provide your personal information to the policy administrators,
Asurion Europe Limited (Asurion) in order to administer your
policy, validate claims and for fraud protection purposes. Asurion
administers your insurance on behalf of the insurer and the policy
underwriter, Liberty Mutual Insurance Europe Limited who is the
data controller for the purposes of data protection laws (Information
Commissioners Oce registration number Z6118163). Once the
relevant data has been passed to Asurion, Asurion will undertake all
responsibilities as data processor (for the purposes of data protection
laws) for Liberty Mutual Insurance Europe Limited in respect of that
data. Please refer to your policy documents for full details of how
Asurion will use your data.
6. You agree that we will give your details, including mobile telephone
number and geographic location to the emergency services.