Terms and
Conditions.
(Sorry, even we couldn’t make this exciting.)
TERMS AND CONDITIONS
Terms and conditions of your residential customer
service agreement for Virgin Media television, Virgin
Broadband and Virgin Phone services
These terms and conditions set out the agreement between (1) you (‘you
or ‘your); (2) Virgin Media Limited, (Company Number 02591237)
whose registered address is 500 Brook Drive, Reading, RG2 6UU (‘us’,
we’ or ‘our); and (3) Virgin Media Payments Limited, (Company
Number 06024812), whose registered address is 500 Brook Drive,
Reading, RG2 6UU (‘Virgin Media Payments’).
Your use of the services will be governed by these terms and
conditions, the additional terms set out in your customer contract,
any service change receipt and the “Legal Stu”. Please read through
these terms and conditions carefully, as they apply to all residential
customers who take services from us.
The words highlighted in bold throughout these terms and conditions
have special meanings which can be found in the Glossary at the end of
these terms and conditions. Also, where we say “include” or “including” in
these terms and conditions and then give examples, it does not mean that
these are the only examples of what we are referring to.
A. General
B. Virgin TV
C. Virgin Phone
D. Virgin Broadband
E. Virgin Mobile
F. Services and Equipment
G. Looking after the network and equipment
H. Using the services
I. Using our equipment
J. Paying for your services
K. Your information and how it is looked after
L. Changing this agreement
M. Suspending Services
N. Cooling o rights
O. Other ways to end this agreement
P. Moving home outside of or within the Virgin Media
Network service area
Q. If you break this agreement
R. Visiting your home
S. Liability to you
T. Matters beyond our reasonable control
U. Notices
V. Transfer of agreements
W. The law and how your complaints are resolved
X. Open Source Software
Summary of Terms:
Below this summary are the full terms and conditions. These terms and
conditions (and the additional terms set out in your customer contract,
any service change receipt and the “Legal Stu” on our website) form
your agreement with Virgin Media and Virgin Media Payments. When
referring to “agreement we mean all of these things. The agreement is
legally binding, which means that we are making promises to each other
about the services we provide and how you are permitted to use those
services.
It is important that you read and understand the full terms and conditions
before you order and start using our services. Just in case this summary
and the full terms and conditions seem to say dierent things, the terms
in the full terms and conditions will be the terms that apply.
Your right to cancel during the cooling o period
– See Section M
If you have ordered the services online, by telephone or from an
agent attending at your home, and have entered into a new contract,
you have the right to cancel those services within your 14 day cooling
o period. You can cancel immediately during this time without
having to pay an early disconnection fee.
Your cooling o period will begin from the date your Virgin
broadband service is activated.
Cooling o rights do not apply to certain digital content, for example
Pay-Per-View movies, that we provide to you as part of the television
service.
How long does your agreement last?
The minimum period
This agreement will continue for a minimum amount of time (the
minimum period). We will explain the length of your minimum
period to you before you start using any services or oers, and your
minimum period will also be set out in your order conrmation. This
minimum period will typically be 12 months from when we activate
your Virgin broadband service but we may oer services with other
minimum periods e.g. 30 days or 6, 12, 18 or 24 months.
If you want us to stop providing the services at the end of your
minimum period you will need to give us at least 30 days’ notice as
set out in Section O.
What happens after the minimum period?
Once your minimum period ends, if you haven’t asked us to stop
providing the services or asked us to change your services as
mentioned above, we will continue providing you with the same
services (as described in more detail below) on the then current
standard monthly price for your services.
Some of the oers or discounts we provide from time to time may last
longer than the minimum period and this will have been discussed
with you at the time you took up that oer or discount. After the end
of the discount or oer your price will increase to the current price for
those services.
If the oer or discounted rate lasts for the same time as your
minimum period, your price will increase when the minimum period
ends.
Also, please note that whilst we will have told you the standard
monthly price at the time you entered the agreement, you will pay
the current price at the end of the minimum period, so the price may
have increased during your minimum period. Please check on the
Virgin Media website or call us on 150 from a VM landline or 0345
454 1111 from any other phone for the updated pricing.
Paying for your service – See Section J
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. You must pay
Virgin Media Payments.
» 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. You must pay Virgin Mobile.
Call rates that are applicable from time to time may be viewed in
our tari guide posted on this section of the Virgin Media website
virginmedia.com/paymcharges.
This may mean that you will receive two separate bills and each one will
be collected by direct debit.
All charges for the services as set out in our price guides and t a r i 
guides, or as set out in your order summary and/or your bill.
You need to make sure you pay your bills so that both Virgin Media
Payments and Virgin Mobile receive payment before the due date
shown on your bills.
If you do not pay your bills on time, you may need to pay interest or
other charges for your default, such as the late payment charge and/
or any charges levied by your bank or building society against us (or
Virgin Media Payments or Virgin Mobile) for failed payments and
direct debits. Please see the price guides for details, which can be
found at www.virginmedia.com/priceguides
How do I end my agreement? – See Section O
You can switch your mobile service to another provider using your
PAC code at any time. You can also cancel any other service or this
agreement entirely at any time by giving 30 days’ notice.
If you cancel a service or this agreement entirely before the
minimum period has nished (and not during the cooling o period)
you may have to pay an early disconnection fee. We will tell you how
much this will be before you cancel. You can nd out more details
on the early disconnection fee and process by visiting the Legal Stu
section at https://store.virginmedia.com/the-legal-stu.
What if I move home during my minimum period?
– See Section P
Moving within the Virgin Media network area
When you take our services you agree to take these at or from your
home address. If you move home the following sections tell you
how this will impact your services other than your mobile services
(which you can take with you if you move home within the UK). If you
are unable to take your other services we may need to change your
airtime plan as described in Section L.6).
If you move home during your minimum period and we have agreed
to continue providing the same services at your new address then
your minimum period will continue (for example, where your services
are on a 12 month minimum period, if you move during month 7 of
your minimum period, the remaining 5 months of your minimum
period will apply). In all other circumstances a new minimum period
may apply.
If there is insucient capacity on our network (or a survey reveals
complications with connecting your new property) to transfer your
services to your new address we will discuss what options might be
available to you. If we are unable to provide these services to you at
your new address, or if what we can provide is not equivalent to the
service we have provided to you at your previous address, then you
can cancel your aected services and you will not need to pay an
early disconnection fee.
If you have purchased a mobile handset from Virgin Media Mobile
Finance Limited this will have been through a Fixed Sum Loan
Agreement, regulated by the Consumer Credit Act. That agreement
will continue even if you cancel your airtime or end your contract for
any or all of your services with us, so you will need to keep making
payments under that agreement. If you settle your loan agreement
early then you can end your airtime services with us at any time
on 30 days’ notice but your contract for your other services (e.g.
broadband, home phone and TV) will continue and if you choose to
end that contract during the minimum period then you may have to
pay an early disconnection fee.
Moving outside of the Virgin Media Network during your
minimum period
The Virgin Media network area does not cover all of the UK –
please use our post code checker available on our website to check
availability. If you are moving to a property outside of our network
we will no longer be able to provide broadband services, television
services and landline phone services to you. If this is during your
minimum period it will mean that you will be asking to end your
services early, so you may need to pay an early disconnection fee.
Please visit the early disconnection fees area of the Virgin Media
website for further information.
If you move home you can take your mobile services with you if you
move home within the UK and if you are unable to take your other
services we will automatically move you to a dierent airtime plan,
taking into account your allowances and price. We will let you know
the details of your new airtime plan and if you want a dierent
airtime plan or want to cancel the agreement in relation to the
mobile services you need to tell us within 30 days’ of us giving you the
details of your new airtime plan.
Changes to prices, terms and conditions and the services
we provide to you
– See Sections L and O
We may increase our charges under this agreement at any time. We
may also change these terms and conditions and the services that we
have agreed to provide to you.
If we do any of these things and the changes are likely to materially
disadvantage you we will notify you of this and you can cancel this
agreement by giving us 30 days’ notice in accordance with Section
O, and you will not need to pay an early disconnection fee.
Suspending and ending Services
– See Sections M and Q
Where you have broken our agreement in a serious way, then we may
suspend some or all of your services, or even end your agreement.
We will behave reasonably when deciding what course of action to
take and where possible discuss this with you rst.
We also have an acceptable use policy that describes how the
services can be used. Each service may have its own acceptable use
policy and they can be found by visiting https://www.virginmedia.
com/shop/the-legal-stu/acceptable-use-policy.html.
Ending this agreement
– See Section O
If you have entered into a new contract you can cancel those services
at any time during your cooling o period without needing to pay any
early disconnection fee as described above.
You can also cancel this agreement without needing to pay an early
disconnection fee where we have:
» made changes described above to prices, terms and conditions or
the services we provide to you (see Sections L and O); or
» not provided you with the minimum guaranteed download
speed as set out in your customer contract or, if applicable,
any service change receipt – please see the Legal Stu section
on the Virgin Media website and Section O below. This right
only applies on or after 28th February 2019 if you are either a
new customer purchasing broadband services, or an existing
customer that has changed your broadband service, agreed to a
new minimum period or re-contracted your existing broadband
service.
» oered you this right by giving you notice to end credit payments
under the Virgin Media Automatic Compensation Scheme. See
Section S for more details.
If you choose to end your agreement you can do so on 30 days
notice but if this is during your minimum period then you may need to
pay an early disconnection fee, please see above.
Your rights under Consumer Law and Regulation
– See Sections R.11 to R.12
You also have rights and remedies that apply in addition to any of the
rights we give you under this agreement. Some of these rights are
contained in the Consumer Rights Act 2015. For example, under that
Act if we have not exercised reasonable care and skill in providing
the services to you or where the goods or digital content provided to
you are faulty or do not match their description, then you have the
right to ask us to x a problem (where this is possible) or to receive a
reduction in price.
If you experience a delay in the activation or repair, or a missed
appointment by one of our technicians for your Virgin Phone (xed
line) or Virgin Broadband service, you may be entitled to credits under
the Virgin Media Automatic Compensation Scheme available to view
at https://www.virginmedia.com/help/automatic-compensation
For more details on your rights as a consumer please visit the Citizens
Advice website at www.citizensadvice.org.uk.
Your information
– See Section K
Although not part of this agreement, our Privacy Policy and Cookies
Notice explain how we and other Virgin Media group companies use
your data, so please read these.
Section K also sets out how we may access information on the
services.
FULL TERMS AND CONDITIONS
A. General
1. As well as these terms and conditions, the contract that you will have
been sent together with any service change receipts, the services
have Legal Stu which applies to the services and their use, as
published by us on the Virgin Media website.
2. You agree that you are liable for any charges on your account
regardless of whether you or anybody else (with or without your
permission) incurs those charges (unless the charges result from
fraud by someone else which you could have had no control over).
For example, if someone who has access to your home, SIM and/
or equipment uses the services, they will be considered to be within
your control and you will be liable for those charges. If you become
aware of any fraud by someone else, you must tell us as quickly as
you can. Under no circumstances should you give your PINs and
passwords to anybody else (unless you’re happy for them to use your
account and incur charges on your account that you will need to pay
us for).
3. If your SIM is lost or stolen, please tell us within 24 hours so that
we can take action to prevent unauthorised use of your SIM and
associated charges being added to your bill (limited up to £100 where
notication is received within 24 hours)
4. From time to time we may let you try certain extra things for no
additional charge, for example as part of a trial or for promotional
purposes. However, these won’t form part of the services under this
agreement, and we have the right to withdraw them at any time and
without giving you notice.
B. Virgin TV
1. We aim to oer a television service covering a wide range of
interests.
2. The television service is a variable TV service, so we don’t guarantee
that we’ll provide any particular channel, or other content, or access
to any third-party services. This means we may add, remove, change
or interrupt (some, or all, of) the content and/or the television service
from time to time. We may also have to make changes for reasons
including (but not limited to) matters beyond our reasonable control,
or where content or a service is made available to us by a third-party
and they stop making them available to us or we gain or lose the right
to make the content or service available to you. Where this happens
and, if appropriate, we will try to replace content with similar or
equivalent content.
3. We may not be able to show some content or enable certain
functionality (such as temporary downloads) on some of your
equipment, such as iPhones or Android phones, as the third party we
license the content from may not allow us to do this.
4. Any example we have given of any content on the television service
(including in advertisements, direct mail, in-store, on-line or on the
telephone) is only an example of content that may be available as
part of the television service at the time the example is given, and
the example may not always be on the television service throughout
the term of this agreement.
5. It is up to you to make sure that if minimum age recommendations
apply to any part of the television service, those parts of the
television service are not viewed by anyone below that minimum
age.
6. Except for Virgin TV Go and Virgin TV Control apps (and any updated
or similar services we may provide from time to time), which you
may use in accordance with their terms and conditions you may
not use any reception equipment to receive or set recordings on the
television service other than the equipment we have provided to
you for the express purpose of receiving or setting recordings on the
television service (such as a set-top box).
7. By viewing the television service you acknowledge that the
equipment we provide to you may be enabled by us to make
recordings, on your behalf, of broadcasts of the types of programmes
that match your preferences, for the purpose of enabling those
broadcasts to be viewed at a more convenient time for you.
8. We will not continue to provide you with the television service if we
nd out that you do not have a valid television licence.
C. Virgin Phone
1. If you are keeping an existing phone number but taking a phone line
from us as part of the services, you authorise us to cancel that part of
your agreement with your old provider which relates to renting that
line. However, we cannot cancel any other agreements you may have
with your old provider, for example, for renting equipment or for extra
lines. Although we are usually able to arrange for you to keep your
existing phone number when you transfer your line to us, we cannot
guarantee this.
2. If we provide you with a phone line and you don’t ask us to transfer
your existing number, we will allocate a number to your phone line.
The telephone number and any rights in it belong to us and you may
not sell or agree to transfer the number to any person.
3. You agree that we will give your details, including address and phone
number to the emergency services. Unless you tell us otherwise when
ordering your phone service, or at a later date, we will also give these
details and your name to other authorised public communications
providers and regulated directory service providers. This is so your
details can be included in phone books and be obtained from publicly
available directory enquiry services. We cannot accept any liability
whatsoever for any failure by authorised public communications
providers and regulated directory service providers to whom we
provide information to comply with your listing request. We can tell
you about other options that are available to protect and control how
your information is used.
4. You accept that your phone number must not be advertised in or on a
public telephone box. If this happens, we may immediately suspend
the service or end this agreement. However, we will use reasonable
endeavours to contact you before we take this action.
5. Your phone number and phone line are for private use by you and
members of your household only. They must not be used for any
activities not reasonably expected of someone using the services
for domestic purposes, for example whilst a reasonable amount of
working from home is expected, your usage should be within what
would be reasonably expected from a residential customer and we
have no liability for any business losses you may suer.
6. Your phone package fees and call rates that are applicable from
time to time may be viewed in our tari guide, posted on this section
of the Virgin Media website (www.virginmedia.com/callcosts).
Otherwise, you can call us to request a copy. Rates set out in the
Tari guide take precedence over any rates shown in generic
marketing material. We may notify you of fee and call rate changes
by publishing an updated tari guide on the Virgin Media website.
7. If your use of unlimited or no extra charge calls provided as part
of your phone services exceeds that reasonably expected of a
reasonable person using the services for domestic purposes, we may:
1. restrict, suspend or end your services; and/or
2. charge you our standard rates as published in our latest tari
guide for any calls exceeding those reasonably expected of a
person using the services for domestic purposes.
8. Call features and services functionality are subject to variation and
may not be available in all network areas. See www.virginmedia.
com/callcosts for details of call features.
9. Most security and personal alarms and health monitors should be
compatible with our network. However, it is your responsibility to
check with your alarm or monitor provider to ensure that your alarm
or monitor is compatible. You should check that any other of your
equipment is also compatible. Subject to paragraph R.1 below, we
cannot accept responsibility for issues arising out of incompatibility.
10. We may provide your phone services over our broadband network
or over a traditional copper network. You agree that the following
provisions apply (in addition to the terms and conditions above) if
we have told you that your phone services will be provided over our
broadband network:
1. you should keep your broadband router plugged in and switched
on at all times to make and receive calls; and
2. you acknowledge that if there is a power or network outage, your
phone services will not work and you will be unable to make or
receive phone calls, including calls to the emergency services.
You should keep a mobile phone handy and charged and use your
mobile phone to call the emergency services should you need to.
11. If we provide your phone services over our broadband network
and you have a security or personal alarm or health monitor which
is connected to your phone line, this will not work during a power
or network outage. You should check with your alarm or monitor
provider to see whether your alarm or monitor is connected to your
phone line and if this aects you. Any other of your equipment which
you connect to your phone line may also not work in an outage.
12. If a power or network outage occurs during a phone call, the call
may continue for up to 10 seconds after the calling party has lost
connection, and will be billed accordingly.
13. For customers with accessibility requirements, we have measures in
place to help in the event of an emergency. If you or a member of your
household currently have accessibility needs, or develop accessibility
needs at any time that you are a customer, you should tell us this as
soon as possible so we can put measures in place to assist you. This
might include the use of text relay. This might also include providing
you with an emergency backup line to use, to allow you to make calls
to the emergency services. For the avoidance of doubt, the provisions
relating to equipment also apply to the emergency backup and any
other equipment we provide to you.
D. Virgin Broadband
1. To receive the broadband service you need to make sure that your
equipment, such as your computer or device (tablet or mobile phone)
will connect to the equipment by Ethernet or wi- connection. The
Virgin Media Help & Support pages of our website can help you set up
your connection – see Help & Support at https://www.virginmedia.
com/help
2. In order to keep providing a great level of service, we may modify
or temporarily suspend the broadband service, 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 broadband service, and we will restore the broadband
service as soon as we can. Where possible, we will notify you if this
occurs between the hours of 6am and midnight and is due to last for
more than 1 hour.
3. Due to the nature of the internet, we cannot guarantee specic levels
of performance for internet access on the broadband service.
4. You conrm that you are the owner of, and that you have obtained
all necessary consents to use, the email name, mailbox name or
any other name selected by you in connection with the broadband
service.
5. You acknowledge that we cannot guarantee you will be able to have
and use any email address or mailbox or other name you request,
and we may require you to select a replacement name if we believe
that your current choice of name is, or is likely to be, in breach of the
Legal Stu.
6. Any email address allocated by us to you will at all times belong
to us and you may not transfer the address to any person. If this
agreement ends, your right to use that email address will also end
and you will no longer be able to use the email address, so please
make sure you have an alternative email address and let your
contacts know of the change, as we cannot do this for you. Please
see our acceptable use policy for more detail on email address
usage and our Help and Support page on what happens to your email
when you leave us.
7. It is your responsibility to keep back-up copies of any data you upload
to our network and you are responsible for any system you establish
to monitor or manage your content online and internet use.
8. The broadband service is for private use by you and members of
your household. It must not be used for any activities not reasonably
expected of someone using internet access for domestic purposes,
for example whilst a reasonable amount of working from home is
expected, your usage should be within what would be reasonably
expected from a residential customer and we have no liability for any
business losses you may suer. We have other more appropriate
packages such as Homeworks, and for small business use there are
services provided for by Virgin Media Business.
E. Virgin Mobile
1. This agreement covers the provision of your airtime plan and SIM as
part of provision of services.
2. This agreement does not cover your mobile handset or any other
device you might receive as part of a promotional package. Your
mobile handset and any other device belongs to you at the point
of delivery, if your application is online or by phone, or when it is
provided to you if your application is in store. You will be responsible
for any loss, theft or damage from this point.
3. We agree to provide you with an airtime plan. Details of the types
of calls, text messages or other services that are included in your
airtime plan are explained in the joining pack you receive with your
SIM and are also available online via your account. You can also get
them from our team on request. The mobile call charge rates that
are applicable from time to time may be viewed in our tari guide,
posted on this section of the Virgin Media website: virginmedia.
com/paymcharges. Otherwise, you can call us to request a copy.
Rates set out in the tari guide take precedence over any rates
shown in generic marketing material.
4. During your minimum period we may allow you to change your
airtime plan to a dierent allowance that we had available at the
time you signed up to this agreement. You may do so once per
calendar month. The new airtime plan and price will apply from
your next monthly bill cycle and for the remainder of your minimum
period, unless and until your change it again.
5. Add-ons can be purchased through your account, through our team,
or through other means that we make available from time to time.
The price of any add-ons that you purchase will be itemised and
added to your next monthly bill. Add-ons are non-transferable and
other restrictions may apply concerning their expiry, validity or use.
Aside from your rights to cancel during a cooling o period or if we
break the terms of this agreement, the add-ons will also be non-
cancellable and non-refundable where you agree that we supply the
add-on to you as soon as you have purchased it.
6. Some content or services are age restricted. If you are under the
specied age that may apply to any age restricted services you are
not permitted to access them. If you are the specied age or over and
you access the age restricted services you must not share them with
anyone under the specied age. If you let anyone under the specied
age use your mobile handset you must deactivate access to any age
restricted services before doing so. Where you have provided the
information to us we may post a ag on your telephone number to
inform third party content providers that you are over 18 years of age.
7. The mobile services are available for you to access where you are
in range of a base station which forms part of the mobile network.
The mobile network comprises dierent types of technology and the
availability of the mobile services varies depending on where you are
in the country. In areas without mobile network coverage you will not
receive any mobile services. You can check the telecommunications
regulator Ofcom’s coverage checker for more details on network
coverage which is available at https://www.ofcom.org.uk/phones-
telecoms-and-internet/advice-for-consumers/advice/ofcom-checker
8. Some mobile handsets may not be able to receive our services; this
may occur where the above technical factors prevent this or where
a mobile handset is locked to a dierent network. Our mobile
services are available only on mobile handsets which we have
approved for use on the network. For roaming the terms at Section
E.12 apply.
9. You agree you will:
1. only use the mobile services with the mobile handset and SIM we
have approved for use on the network;
2. use the SIM and mobile handset in accordance with their user
guides; and
3. take care to prevent the loss of or damage to the SIM.
4. Lost or stolen SIM or mobile handset it is not practical to carry
out the connection for health and safety reasons or for any other
reason.
5. Any SIM we provide to you remains our property and must be
returned to us if we ask for it back. You must keep the SIM safe
and can only use it to access the mobile services. If the SIM is
lost, stolen or damaged call the team immediately for another
SIM.
6. If the SIM is lost or stolen and you notify the team within 24
hours so that we can take action to prevent unauthorised use you
will only be liable for charges that are not part of your airtime
plan relating to any unauthorised use of the SIM (including call
charges) up to £100.
7. If you notify the team of a lost or stolen SIM after 24 hours we
may hold you liable for all charges (including call charges) that are
not part of your airtime plan relating to any unauthorised use of
the SIM, up to the time that you notify us, regardless of whether
the charges have been incurred by you or someone else. You will
continue to be liable for the monthly payment (or other periodic
charge) relating to your services until the end of your minimum
period. We may charge you a reasonable replacement charge for
the loss of the SIM; you can nd details in our tari table.
8. We connect the mobile handset to the network for your use. If
you cease to use the mobile handset you will still be obliged to
make payments due for your airtime plan as part of the services.
In instances where the mobile handset is lost or stolen either with
or separately to the SIM as described above, you must advise
the team. We suggest you ensure appropriate insurance cover
is in place.
9. Failing to notify us that the SIM is lost or stolen could result in us
suspending your use of the mobile services (except for calls to
emergency services).
10. We grant you the use of a phone number. Very rarely, Ofcom may
order the reallocation or change of mobile phone numbers, in which
case we may have to change the phone number we make available
to you. If that happens and where possible we will provide you with
reasonable notice before making the change
11. Roaming
1. Our mobile services may be made available to you in countries
outside of the UK if we or the partner who provides us with our
mobile network have roaming agreements in place. Please check
your roaming settings via your account online and ensure that
data is turned on via the mobile handset. If you are roaming in the
EU, you also need to comply with our roam like home policy. The
costs for outside of allowance for EU use and additional services
that allow roaming outside of the EU are set out in our tari table
or are available from our team. Overseas network operators may
bill us some time after you use the mobile services – sometimes
up to three months later, accordingly there may be a delay in
when such charges show up on your bill. Please be aware that
when you use your phone outside of the EU charges will apply.
2. If you are using your mobile handset in a location in the EU
which is close to the border between the EU and another country,
outside of roam like home, your phone may connect to a network
in that country and you will be charged roaming rates for that
usage. To stop that from happening you should take care to note
the network to which your mobile handset is connected before
using it. You can also disable roaming on your mobile handset or
you can contact the team and we can disable roaming for you.
12. If you obtained a SIM directly from us (online, in store or by speaking
to the team over the phone) then you may benet from a customer
satisfaction guarantee or a warranty. Full details are available on our
website at http://store.virginmedia.com/the-legal-stu/virgin-media-
mobile.html or from our team.
13. If you obtained a SIM somewhere else, for example from another
high street retailer, our customer satisfaction guarantee will not be
available to you. You’ll need to go direct to that retailer if you wish to
return the SIM or if the SIM develops a fault.
14. Any additional terms and conditions that apply to additional
services will be made known to you as part of the process for
agreeing to the additional services. They will also be available on
our website or from our team.
F. Services and Equipment
1. We will agree with you a date for installation or delivery of equipment
or activation of the services and we will try and keep to this date,
but we may have to change the installation, delivery or activation
date. We will agree with you any such changes as soon as we can
and let you know of the next available date. Your mobile services
will commence once you have received your SIM and have been
provisioned on the network. If your other services are not installed
and activated within 45 days of ordering the services we may cancel
your those services and move you to a dierent airtime plan for your
mobile services. You will be responsible for all out of allowance, add-
on and additional service charges incurred from the date the mobile
services commenced. These charges will show up on your next bill.
2. You agree that you or a person authorised by you (who is 18 or over)
will be present when we install the equipment at your home.
3. Where we need to install equipment at your home, we will make every
eort to t the equipment where you prefer. However, this may not
be possible because of technical or other reasons. If this is the case,
you may either choose to allow us to connect the equipment as we
see t, or to not have that equipment installed. If we do not install
that equipment for that reason we shall not be under any liability
whatsoever to you for any failure to provide you with the service
provided by that equipment but we will refund you any payments
you have already made for installation of that equipment and
provision of the related service. If that equipment is necessary for
the provision of the services you are taking from us, then you may
end this agreement and in these circumstances we shall not be under
any liability whatsoever to you for any failure to provide the services
to you, but we will refund you any payments you have already made
for installation of that equipment and provision of the services
which are related to that equipment. If you wish to retain any of your
other services including your mobile services we will move your
mobile services to a dierent airtime plan, taking into account your
allowances and price in accordance with Section L.6. Please do not
move any equipment. Should you later wish to alter the routing or
location of any existing equipment such as cables or wall sockets, you
should contact us.
4. Where we do not need to install equipment at your home, we will
either send you all the equipment you need through the agreed
delivery method, to connect to the services, or advise you of
any additional equipment you need. If applicable, it is your
responsibility to purchase the additional equipment as notied to
you. We will not be liable to you for any loss or damage caused by
your installation of the equipment or additional equipment, unless
this loss or damage is caused by our fault.
5. Where we have recommended that you purchase additional
equipment for use with the services and you have chosen not to take
our recommendation, we cannot guarantee compatibility of what you
instead choose, nor can we provide installation or on-going support
in respect of it. Where additional equipment is purchased from our
recommended partners, we are not responsible for them or for any
additional equipment you purchase from them. If any additional
equipment you have purchased from our recommended partners is
faulty upon arrival, please contact the recommended partner for a
replacement. We may need to provide our recommended partners
with your name, address and order details in order for them to full
your order.
6. To provide the services, the equipment (e.g. a set-top box or hub
(router)) must be connected to your equipment (for example a TV).
You are responsible for making sure your equipment works properly.
You agree to provide and pay for suitable facilities and all necessary
electrical and other installations and ttings (including power outlets
or sockets) for the equipment.
7. Where we need to set up any services on your equipment you
authorise us to have access to your equipment to perform such
set-up (which may include the installation of software) and to check
that those services are working properly. You conrm that you will
have prepared your equipment, and will follow our reasonable
instructions (if required) to prepare your equipment, so that we can
perform the set-up properly. It is your responsibility to keep back-up
copies of any important data stored on your equipment prior to the
set-up of the services by us on your equipment.
8. You are responsible for applying for any consents and permissions
necessary for us to connect and maintain the equipment at your
home (for example, any permission necessary to lay cable from the
street to your address). We are not obliged to install equipment or
provide the services unless all consents and permissions have been
obtained.
9. Our obligation to provide the services is also subject to survey. If a
survey shows that the equipment cannot be installed or connected
at your home, or if a non-standard installation is required, we may
cancel any installation date we have given you and terminate this
agreement. You will be notied of this as soon as possible after the
survey. We shall not be under any liability whatsoever to you for any
failure to provide the services in these circumstances but will refund
you any payments you have already made to Virgin Media Payments
for installation of the equipment and provision of the services. If you
wish to retain your mobile services we will move your mobile services
to dierent airtime plan in accordance with Section L.6.
10. We do not have to connect the equipment at your home, or otherwise
keep to this agreement to the extent the following aects our ability
to do so, if:
1. your home is outside our service area or in a part of our service
area where no cable has been laid, or we are unable to activate
the services on your line or at your home for any reason;
2. you do not qualify under our current credit policy;we need to send
a technician to provide necessary maintenance and you miss
that agreed appointment (or there is no-one over the age of 18
present); or
3. you have previously misused our television service;
4. your computer or device (or its operating software) does not work
correctly or as reasonably expected for access to the broadband
service; or
5. it is not practical to carry out the connection for health and safety
reasons or for any other reason..
11. We may monitor any content or material transmitted over the
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.
G. Looking after the Network and Equiptment
1. We will try to provide any maintenance services that we believe are
necessary for the network and equipment to work properly and for us
to provide the services to you.
2. We may upgrade and update the network, equipment and the
services from time to time. We will give you notice beforehand where
we reasonably can if we believe such an update may materially aect
your service.
We will always aim to provide you with continued access to services
but we will not be liable for interruptions, reception, picture
degradation or other problems with the services which are matters
beyond our reasonable control. You agree that you will tell us about
any fault in the services and equipment by contacting our customer
services team, who will aim to respond as promptly as possible.
Please visit the contact us section of our website for details on how
to get in touch. In many circumstances it may be possible for us
to correct a fault remotely. If this is not possible and we think a
technician can correct a fault, we will send a technician to try to do
this.
3. We are not responsible if you are not able to use the services because
your equipment does not work properly, is not compatible with the
equipment (or services) (unless we have recommended it to you) or
because of faults in any public communications provider’s network
(where applicable).
4. Where we supply the services to you via your connection to another
public communications provider’s network (for example ‘Virgin
TV Go’) it is your responsibility to maintain your connection to such
public communications provider’s network and we shall not be
responsible or liable to you for failing to provide the service if such
failure arises as a result of any interruption to or disconnection from
the public communications provider’s network or because of failure
or inadequacy in any equipment for which we are not responsible.
H. Using the services
1. You are responsible for the way the equipment and services are used.
You must not do any of the following acts or allow anyone else to do
the following acts in relation to the equipment and/or services;
1. send a message or communication that is oensive, abusive,
defamatory (damages someone’s reputation), obscene, menacing
or illegal;
2. cause annoyance, nuisance, inconvenience or needless worry to,
or infringe the rights of, any other person;
3. contravene our acceptable use policy;
4. perform any illegal activities;
5. break, or circumvent, (or attempt to do so), the security of our
network, equipment, content, hardware or software;
6. deliberately receive, use, own, post, make available, transmit
or publish, oensive, harmful and/or illegal material (including
images of child abuse);
7. upload, download, post, publish, make available or transmit
any information, content, material or software that is protected
by copyright or other ownership rights of another person (or
company) without the permission of its owner;
8. copy, distribute, make available, attempt to disassemble,
decompile, create derivative works of, reverse-engineer, modify,
sub-license, or use for any other purposes any software or
equipment we provide except:
a. as set out in Section X in respect of open source software
b. that you may make a back-up copy of the software we provide
for your personal use; or
9. use any of the services in a manner not consistent with
reasonable residential domestic use or in any way related to an
arrangement we suspect is designed to articially inate trac
to a number or numbers;
10. use any Internet Protocol (IP) address that we have not assigned
to you. Put simply, you may not use the services to harm the
service of another internet user or impersonate another user,
whether on our network or external to our network. You
acknowledge that we may change your Internet Protocol (IP)
address from time to time without giving you notice as part of
managing our network and providing services to our customers;
11. calling ’cash back’ or ‘cash for calling’ numbers where you are
paid in monetary or other terms by the provider for calling a
number;
12. use the services in a way that:
a. risks degradation of services to other customers;
b. puts our network at risk;
c. is not in keeping with that reasonably expected of a residential
customer; and/or
d. breaks the law or infringes the rights of any other person.
13. The following acts are also not permitted:
a. copying or recording all or any part of the services except as
may be permitted by law (and if this kind of copying becomes
illegal in the future you must stop doing it);
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 aected 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
suciently 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 suer. 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 oer 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 beneciary 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 oer
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 aect 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 notied 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 reected 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 notication has
been sent to the e-mail address you have specied 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 notication.
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 conrm 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 identied, 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 trac 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 Oce 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.
L. Changing this agreement
1. You may add to or reduce your services (including the content you
receive on the television service) from time to time by contacting our
customer services team. If you ask us to add any extra services or
any extra content or bundles of content to the television service, you
agree to accept such additional content or bundles of content for at
least the minimum period that applies to it. If you ask us to reduce
your tier of services within the minimum period for that service,
we may ask you to pay an early disconnection fee depending on the
service being reduced and the remaining length of the minimum
period. If you wish to reduce your tier of service or remove any
additional service (including premium television channels) you must
give us at least 30 days’ notice and pay any applicable charges
(including usage charges and line rental) up to the end of that 30-day
notice period. Any changes to the services under this Section do
not give rise to a new agreement, even if you agree a new minimum
period.
2. If you cancel your mobile service by using your PAC code to switch to
a new mobile service provider your SIM will stop working and we will
be unable to provide mobile services to you using the same mobile
number. Depending on the services you have in your package we
will either:
1. automatically move your other services to the nearest equivalent
package without a mobile service taking into account your current
allowances and usage; or
2. where there is no equivalent package we will send you a new SIM
with a new number as soon as possible to enable you to continue
using your service as usual.
If you end your mobile service your other services will continue
and your minimum period will be unaected.
If we have to send you a new SIM in accordance with Section
L.2.2 we may need to run a credit check on your account. If your
account is in arrears, or if your payment history is poor, you may
be required to clear your balance before we can send you a new
SIM.
3. If you cancel all or any of the services within your minimum period,
you may have to pay an early disconnection fee. If you cancel one
element of your service, your remaining services will continue but you
may be moved to another plan the closest available package, both in
terms of allowances and price.
4. If your broadband service, television service and landline phone
services end because you choose to cancel them or if we are no
longer able to provide them in the circumstances set out in Sections
F.6 and P.5 your mobile service will automatically continue.
5. If we have to move any of your services to a new package we will
always let you know what your new package will be, and how much
it will cost. If you want a dierent package or want to cancel the
agreement you need to tell us within 30 days’ of us giving you the
details of your new package. If you want to cancel the agreement
and you are in your minimum period an early disconnection fee may
apply.
6. Subject to Section O.6, we may at any time modify, amend or alter
the terms of this agreement and/or the services if:
1. there is any change or amendment to any law, code of practice,
guidance or regulation which applies to Virgin Media, Virgin
Media Payments, Virgin Mobile or the services provided to you;
2. we decide that the services should be altered for reasons of
quality of service or otherwise for the benet of customers or,
in our reasonable opinion, it is necessary to do so in order to
continue to provide the services;
3. for security, technical or operational reasons;
4. we decide to oer certain content as Pay-Per-View
programmes;
5. we introduce new services, new service features, service
improvements or equipment;
6. the changes or additions are minor and do not aect materially
disadvantage you; or
7. in all other events, where we reasonably determine that any
modication to a relevant system, our network or a change in
trading, operating or business practices or policies is necessary to
maintain or improve the services provided to you.
7. We may withdraw your chosen services package for commercial or
operational reasons or if we are unable to continue providing it for
matters beyond our reasonable control. Subject to Section O.6.4, if
we decide to do this we will move you on to our nearest equivalent
or better current package, unless you ask us to move to another
more expensive package. If the package we have decided to remove
causes the price you pay to increase we will also give you notice of
the change(s) at least 30 days before the changes take eect and you
may cancel the services aected in accordance with Section O.6
without paying an early disconnection fee.
8. We, Virgin Mobile and/or Virgin Media Payments may change our
charges at any time. Any changes to our monthly charges will be
published by us on the Virgin Media website and we will also give
you notice of the change(s) at least 30 days before the changes take
eect and you may cancel the services aected in accordance with
Section O.6 without paying an early disconnection fee.
9. If you have purchased a mobile handset from Virgin Media Mobile
Finance Limited this will have been through a Fixed Sum Loan
Agreement, regulated by the Consumer Credit Act. That agreement
will continue even if you cancel your airtime or end your contract for
any or all of your services with us, so you will need to keep making
payments under that agreement. If you settle your loan agreement
early then you can end your airtime services with us at any time
on 30 days’ notice but your contract for your other services (e.g.
broadband, home phone and TV) will continue and if you choose to
end that contract during your minimum period then you may have to
pay and early disconnection fee.
M. Suspending Services
1. We may suspend or reduce any of the services, immediately without
notice for as long as the suspension event persists if:
1. you have broken this agreement in a serious and non-minor way
(and in such an instance we may also reduce the level of services
aected);
2. you exceed any allowance applicable to your services (and
in such an instance we may also reduce the level of services
aected);
3. you go over any credit limit on your account or you cancel your
direct debit;
4. we have reason to believe that you have provided us with false,
inaccurate or misleading information either for the purpose of
obtaining the services, SIM and/or the equipment or at any time
during the provision of the services;
5. we believe that you or another person at your home have
committed, or may be committing, any fraud against us, and/or
any other person or organisation by using the services, SIM and/
or equipment;
6. you or anyone you authorise to deal with us on your behalf acts in
a way towards our sta or agents which we reasonably consider
to be inappropriate;
7. you have broken any of your obligations in Section R;
8. you have failed to notify us that the SIM is lost or stolen; or
9. in our reasonable opinion it is necessary to do so, for example
when dealing with threats to the security or integrity of the
network or the services we provide.
In these cases, we will normally contact you and try to resolve
the issue where reasonably possible. However, where applicable
we may make a charge to reect our costs in connection with
suspending and starting supply of the services again. You must
pay this charge before you can use the services again. You may
also be liable for all charges for services during this period of
suspension.
2. We may also suspend any of the services for as long as the
suspension event persists, immediately without notice if:
1. maintenance, repairs or improvements to any part of the
equipment, the services or the network need to be carried out,
including for example, when dealing with threats to the security or
integrity of the network or the services we provide; or
2. we have to do so by law.
3. If the services are reduced (and not suspended) because Sections
M.1.1 or M.1.2 apply, then during any period of reduction, you will
remain liable for the payment of your original level of charges.
4. For your and our protection we can also suspend the services if the
number of calls or charges for calls made by you has increased to
such an extent that it appears, in our reasonable opinion, that the
services are not being used in a manner consistent with reasonable
residential domestic use. We will make reasonable eorts to contact
you before suspending the services but we are not liable for any
loss you may suer through this suspension. We will not provide the
services again until we are satised that you know of the increased
usage and are aware of the consequences of that increased usage.
We may also:
1. ask you to make a payment of a deposit (which shall be made to
Virgin Media Payments) as security for your charges; or
2. prevent you from making international calls and/or premium rated
calls or SMS if in our reasonable opinion they form a signicant
proportion of your charges.
N. Cooling o rights
1. If you have ordered any of the services online, by telephone or
from an agent attending at your home and have entered into a new
contract with us you have a statutory right to cancel an order for
those services within the cooling o period, which is 14 days from
the latest of:
1. the day after the delivery of the equipment;
2. the service start date; and
3. the day on which you received a copy of these terms and
conditions in printed or PDF format.
We may choose to oer an enhanced cooling o period from time
to time, and will inform you of this at the time of your purchase if
this is the case.
2. You may not cancel a Pay-Per-View programme once you have begun
to stream or download it. By streaming or downloading a Pay-Per-
View programme you consent to us making the programme available
to you immediately and agree to waive your statutory right to a 14 day
cooling o period during which you may cancel this purchase. We will
provide conrmation of this to you immediately prior to streaming or
downloading the Pay-Per-View programme. It is your responsibility to
make sure PIN codes and passwords for Pay-Per-View programmes
are used correctly.
3. You can cancel your order by making any clear statement to us
regarding that cancellation by:
1. dialling 0345 234 0751 from any phone (for information on how
much this call will cost from a Virgin Media home phone visit
virginmedia.com/callcosts. Call costs from other networks and
mobiles may vary);
2. writing to Virgin Media, PO Box 333, Matrix Court, Swansea
SA7 9ZJ ; or
3. completing the cancellation form you have been given as part
of your welcome pack and returning this to us at the address
specied on the form.
4. If you cancel the services during the cooling o period, we will refund
to you all payments received from you, including the costs of any
delivery for any equipment you ordered, except for costs and charges
set out in Sections N.4.1 and/or N.4.2. If you cancel an order for
equipment, we will automatically cancel your order for the services
unless you inform us otherwise.
5. If you requested a service to begin during the cooling o period:
1. we may require you to pay us an amount proportionate to any
services which we have provided you up until the cancellation
date;
2. we will not refund any one-o fees for activation or installation
of the services if you cancel the services after installation or
activation;
3. you will be responsible for any out of allowance charges add-ons
or additional services.
6. If you cancel during the cooling o period you must return promptly
any equipment which you have been provided, using the returns
method provided with the equipment or any other method we advise.
You will be responsible for the costs of returning the equipment
to us and we may charge you our direct return costs (including by
osetting this against any money we owe you as part of any refund).
We will also charge you for non-returned equipment. For more
information, please see our price guides for details on these charges
and process.
7. We will make any refunds due to you for exercising your rights to
cancel during the cooling o period (subject to any deductions due
to us) within 14 days, starting the day after we are informed that you
wish to cancel. We will make any refund using the same method of
payment you used to pay us.
O. Other ways to end this agreement
1. In addition to your rights to cancel during the cooling o period, either
you or we may end this agreement at any time (including during
or at the end of any minimum period) by giving the other 30 days’
notice. You can provide notice and end this agreement under this
provision by:
1. dialling 0345 234 0751 from any phone (for information on how
much this call will cost from a Virgin Media home phone visit
virginmedia.com/callcosts. Call costs from other networks and
mobiles vary); or
2. writing to Virgin Media Sales Operation Support, Diamond Plaza,
Daleside Road, Nottingham, Nottinghamshire, NG2 3GG.
2. If you end this agreement in accordance with Section O.1, you must
pay any outstanding charges (including usage charges and line
rental) up to the end of your 30-day notice period.
3. If you ask us to end supply of services during the relevant minimum
period (except when you cancel during the cooling o period as
described in Section N above, or under Section O.6 below) you will
have to pay an early disconnection fee as set out in Section O.5 by
way of compensation to us for ending the services early.
4. If you break this agreement and we end this agreement under
Section Q (including for non-payment of charges) within the
minimum period, you may have to pay to Virgin Media Payments an
early disconnection fee in respect of the cancelled services by way of
compensation to us for ending the services early (i.e. before the end
of the minimum period).
5. You can nd details of the early disconnection fee on the Virgin
Media website. The early disconnection fee will not be more than the
charges you would have paid for the services for the remainder of
the minimum period and will be less any costs we save, including the
cost of no longer providing you with the services.
6. If we, Virgin Mobile and/or Virgin Media Payments:
1. increase our monthly charges under this agreement;
2. increase any of our other charges that are you are required to
pay under this agreement in a way which is likely to materially
disadvantage you; or
3. make any changes to the terms and conditions of this agreement
which are likely to materially disadvantage you; or
4. make any changes to the services which are likely to materially
disadvantage you; or
5. if there is a permanent loss of the services, we will notify you of
this and you may cancel this agreement without paying an early
disconnection fee by giving us at least 30 days’ notice as set out
in Section O.1. You need to give us that cancellation notice within
30 days of us notifying you. Any increased charges will not apply
during your 30 day cancellation notice period.
7. On or after 28 February 2019, if you are a new customer purchasing
our broadband services, or an existing customer that has either
changed your broadband service, agreed to a new minimum
period for your broadband service or re-contracted your existing
broadband service, then if your broadband speed falls below
the minimum guaranteed download speed and we have not
remedied this within 30 days of your notifying us of this issue, or if
we cannot x the problem, we will notify you of your opportunity
to end your agreement immediately without the payment of an
early disconnection fee. You need to give us that cancellation notice
within 30 days of us notifying you. In exceptional circumstances (for
example where you cancel technician visits or miss appointments) we
may extend the 30 days remedy period but we will always discuss this
with you beforehand.
8. We may end this agreement immediately by giving you notice:
1. if our authority to operate as a public communications provider
is suspended for any reason; or
2. if in our reasonable opinion it is necessary to do so for security,
technical or operational reasons.
9. When this agreement ends or you cancel a service, we will
deactivate (permanently switch o) any relevant equipment and SIM
we supplied to you to provide the services. You will no longer be able
to use the equipment or SIM. Your use of the phone number will also
end once your account is closed (unless you are moving your mobile
services to another provider in which case you will need to contact
the team).
10. If you fail to return or make available for removal any item of the
equipment or SIM which we have provided to you, you may have to
pay extra charges for such equipment, including the replacement
cost or reasonable recovery costs as set out in the price guides.
In addition to our other rights, we reserve the right to bring legal
proceedings against you for the return of the equipment.
11. If this agreement is ended for any reason, or if any of the services
are cancelled, Virgin Media Payments and Virgin Mobile will be
entitled to keep any money held (including deposits and advance
payments) and to use that money to pay any obligation or debt you
may owe under this agreement. We’ll get in touch with you to refund
to you any money remaining after these deductions, unless our costs
to administer that refund outweigh the actual account balance. If
that’s the case, we’ll donate the account balance to charity. If we
have reasonably tried to contact you during the 6 month period after
this agreement has ended, but have not been able to, we may also
donate your account balance to charity, whatever the amount.
P. Moving home outside of or within the Virgin Media
Network service area
1. If you move home the following sections tell you how this will impact
your services other than your mobile services (which you can take
with you if you move home within the UK). If you are unable to take
your other services we may need to change your airtime plan as
described in Section L.6).
2. The Virgin Media network area does not cover all of the UK – please
use our post code checker to check availability. If you are moving
to a property outside of our network we will no longer be able to
provide broadband services, television services and landline phone
services to you.
3. If you move to an address that is outside of the service area during
any minimum period you may need to pay the early disconnection
fee described in Section O.5.
4. If you move to another address within our service area, you may ask
us to provide the services to your new address. You must provide at
least 30 days’ notice to do this.
5. If you move to an address within our area, we cannot guarantee to
provide you with the services at your new address, for example you
may move to an area that where there is not sucient capacity on
our network. If this happens and we are unable to provide services
to you, or if what we can provide is not equivalent to the service we
have provided to you at your previous address, then you can cancel
your services and you will not need to pay an early disconnection fee.
6. If we agree to provide the services to your new address, you may
have to pay a service transfer charge (to be paid to Virgin Media
Payments). Details of the service transfer charge are set out in the
price guides.
7. Where we have agreed with you to continue providing the same
services that you received at your current address to your new
address and this is during any minimum period, then that minimum
period will continue at your new address (for example, where your
services are on a 12 month minimum period, if you move during
month 7 of your minimum period, the remaining 5 months of your
minimum period will apply for those same services being provided
at your new address). Where we have agreed with you to change
the services you receive at your new address then a new minimum
period may apply for those services and the service start date for
that new minimum period will be the date that the equipment is
installed at your new address.
8. If you move home without telling us and we are continuing to provide
services to the address on your account we may suspend the
services. If we do not agree with you how we can move the services
to your new address as set out in this Section within 45 days we
may cancel this agreement and disconnect your services and your
airtime plan will be changed to pay as you go. If you are within your
minimum period you may have to pay an early disconnection fee.
Q. If you break this agreement
1. We, Virgin Mobile and/or Virgin Media Payments may end this
agreement immediately if:
1. you become insolvent or bankrupt, you enter into any
arrangement with your creditors, or if any legal action is taken or
threatened against your property;
2. we believe that you or another person at your home have
committed, or may be committing, any fraud against us, or any
other person or organisation whether or not by using the services
or equipment (or both);
3. you break any of this agreement in a serious and non-minor way
and, if you are able to put things right, you have not done so within
7 days (or such other longer period as we specify) of us asking
you to do so;
4. we, Virgin Mobile, and/or Virgin Media Payments have reason to
believe that you have provided us, Virgin Mobile or Virgin Media
Payments with false, inaccurate or misleading information either
for the purpose of obtaining the services and/or the equipment
from us, or at any time during the provision of the services;
5. any permission under which we are entitled to connect, maintain,
modify or replace the equipment is ended for any reason;
6. we are required to comply with applicable law or regulation,
or comply with an order, instruction or request of Government,
an emergency services organisation or other competent
administration, legal or regulatory authority;
7. you or anyone you authorise to deal with us on your behalf acts in
a way towards our sta or agents which we reasonably consider
to be inappropriate;
8. we, Virgin Mobile and/or Virgin Media Payments are specically
entitled to do so under any other section of this agreement; or
9. we validly suspend or reduce any of the services in accordance
with Section M for a period of 30 days or more.
2. If you break this agreement and we, Virgin Mobile and/or Virgin
Media Payments choose to overlook it, we can still end the
agreement with you if you break it again.
3. If we end this agreement because you have broken this agreement
as set out in this Section Q (including where you have not paid the
charges which you are liable to pay under this agreement), we are
entitled to:
1. charge you for all charges (including usage charges and line
rental) up to the date the agreement ends;
2. if the agreement is ended during any relevant minimum period,
charge you an early disconnection fee as described in Section
O.5; and/or
3. prevent and/or disrupt access to the services.
4. If you break this agreement by committing fraud or any other
criminal activity, we will report you to the police, who may take
legal action.
R. Visiting your home
1. There are times you will need to pay us for a technician to visit your
home but we will always agree the time of that visit with you and the
charge for that visit. We will charge for a technician visit where:
1. you have chosen for a technician to attend your home (but
this does not include where we need to attend your home for
necessary maintenance); or
2. you have chosen for a technician to attend your home and you
miss that agreed appointment (or there is no-one over the age of
18 present); or
3. we need to send a technician to provide necessary maintenance
and you miss that agreed appointment (or there is no-one over the
age of 18 present); or
4. the technician diagnoses the fault in the equipment as being
caused by misuse, neglect or accidental or wilful damage; or
5. the technician discovers that the fault or other problem relates to
your equipment or any network that we are not responsible for.
2. The charges for technician visits are set out in our price guides.
We understand that your circumstances might change or a fault
may have ceased (for whatever reason), but so long as you tell us in
advance that maintenance is no longer required or that you would
like to cancel or rearrange the technician visit before 12pm the day
before the appointment we will not charge you a fee as described
in Section R.1.
3. You authorise us to install, keep and use equipment at your home and
you agree that we and our employees, agents or contractors may
enter your home so that we can:
1. carry out any work that is necessary for us to connect, maintain,
alter, replace or remove any equipment necessary for us to supply
the services you and others have asked for; and
2. inspect any of your equipment which you may keep there.
4. You agree not to do anything, or allow anything to be done, at
your home that may prevent easy access to the equipment or your
equipment.
5. We cannot normally be required to remove permanent equipment
installations if you end this agreement or move from your home.
S. Liability to you
1. Neither Virgin Media, Virgin Mobile nor Virgin Media Payments
restricts or excludes liability to you for:
1. death or personal injury resulting from our own, Virgin Mobile
or Virgin Media Payments’ own (or our agents’ or contractors’)
negligent act or failure to act;
2. fraud; or
3. any legal rights and remedies available to you as a consumer
in relation to the services. None of these rights and remedies
are aected by this agreement. For information on these rights
and remedies please visit the Citizens Advice website www.
citizensadvice.org.uk or call 03454 04 05 06.
2. Except as set out in Section S.1, neither we, Virgin Mobile nor Virgin
Media Payments will be liable to you for:
1. any loss or damage which is not a reasonably foreseeable
consequence of Virgin Media, Virgin Mobile or Virgin Media
Payments’ negligence or breach of this agreement. Loss or
damage is reasonably foreseeable if either it is obvious that it will
happen or if, at the time the agreement was made, both we and
you knew it might happen (for example, if you and we discussed
it); or
2. any business loss (including loss of prots, business, revenue,
contracts or anticipated savings, wasted expenses or any
other purely nancial losses) even if such loss was reasonably
foreseeable.
3. Except as set out in Section S.1 our, Virgin Mobile and Virgin Media
Payments’ liability to you is limited to:
1. for direct physical damage to your property (including any of your
equipment upon which the television services are enabled), a
maximum of £100,000 for any one event or series of connected
events; and
2. except for direct physical damage to your property, a maximum of
£10,000 for any one event or series of connected events.
4. When we, Virgin Mobile or Virgin Media Payments carry out any
obligation under this agreement, the duty of each of us is to exercise
the reasonable care and skill of a competent service provider only.
5. We will not be liable to you for the accuracy, tness for purpose,
completeness or legality of any information accessed, received or
transmitted using the equipment, SIM or services unless we are the
author or creator of this information or material, or for transmitting or
receiving, or failure to transmit or receive, any material through the
equipment, SIM or services.
6. We will not be liable for any failure of safety, security or other alarm
systems or monitors due to:
1. incompatibility with our network;
2. power or network outages that are not our fault; or
3. any other matters beyond our reasonable control or not due to
our fault.
7. If you deal with any other individuals or organisations using the
equipment or services (for example, by buying or renting goods
or services from them or subscribing to or accessing third party
services such as TV/movie streaming services or ordering goods
or services using Internet access), we will not be involved in these
dealings. We will not be liable in any way for any loss, costs or
damage you have to pay for.
8. We will not be liable to you for the contents of any material from
other individuals or organisations which may be accessed through
the equipment, SIM or services. We also reserve the right to block
access to any such material.
9. Sometimes we might have to interrupt, change or temporarily
suspend some or all services to repair, upgrade or maintain our
network. If this happens, we’ll try to give you notice and get the
network back up and running as soon as possible.
10. We aim to provide a continuous, high-quality service using
reasonable care and skill. However, due to the nature of the services,
we cannot guarantee that the services will be available all the time
as the quality and availability of the services could be aected by
factors outside of our control, such as faults on the network or any
other networks operated by third parties which are used to provide
the service to you. Environmental factors such as the weather, the
type of building you are in or surrounding trees may also aect
availability of the mobile services. If you have a fault or other
performance issue with your broadband service please visit https://
my.virginmedia.com/faults/service-status/ to view the network
status. There are other pages on our website which may also help
you to troubleshoot your service. If you still need help, you should
contact us to let us know. You may ask us to x the fault in which
case you agree to follow our reasonable instructions and to provide
us with a reasonable opportunity to x it.
11. If you experience faults with your Virgin Phone or Virgin broadband
service, then in certain circumstances, where such faults aect
your ability to use your Virgin Phone or Virgin broadband service
you may be entitled to compensation as set out in our Virgin Media
Automatic Compensation Scheme, available to view at https://www.
virginmedia.com/help/automatic-compensation. If we fail to x a
fault with our broadband service or if we agree with you that the
quality of the broadband service you are getting from us is regularly
below what is reasonable then after we have carried out an individual
assessment of the broadband services you have received from us
we may (depending on the circumstances of the case) allow you to
cancel the agreement without paying an early disconnection fee.
12. If after 30 days we have been unable to resolve a delayed provision
of Virgin Phone or Virgin Broadband or a total loss of service, we may
give you notice that we are ending credit payments being made to
you under the Virgin Media Automatic Compensation Scheme. If we
give you notice, we will oer you the right to end your agreement
without needing to pay an early disconnection fee. We will give you
no less than 30 days’ notice of our ending such credit payments and if
you cancel your services before the end of this notice period you will
not be charged an early disconnection fee (even if service is restored
or your activation is completed in this notice period).
13. Where we have provided credit payments under the Virgin Media
Automatic Compensation Scheme and we later discover that you
are not eligible to such credits under the Virgin Media Automatic
Compensation Scheme (for example, your report of a total loss of
service is fraudulent, frivolous or vexatious, or if you have breached
your agreement with us in a serious way, such as a breach of Section
H.2), we may be entitled to reclaim from you the credit you have been
provided under the Virgin Media Automatic Compensation Scheme.
14. As a consumer you also have other legal rights and remedies that
apply in addition to any provided to you under this agreement
or common law. Some of the key rights you have as a consumer
are contained in the Consumer Rights Act 2015, which provides
legal remedies to you where we have, for example, not exercised
reasonable care and skill in providing the services to you, or where
goods or digital content we provide to you are faulty or not as
described. These remedies may include the right to ask us to x the
problem or to a price reduction. Consumer law also gives you rights
if we provide you with misleading information that leads you to enter
into an agreement with us. For information on your legal rights and
remedies available to you as a consumer, please visit the Citizens
Advice website at www.citizensadvice.org.uk
T. Matters beyond our reasonable control
1. Neither we, Virgin Mobile nor Virgin Media Payments will be liable for
failing to do what is promised under this agreement if it is prevented
from doing so by matters beyond our reasonable control.
U. Notices
1. Any notices we give to you must be in writing and be delivered by
hand, ordinary post to you at your home or sent electronically. Any
notices you give to Virgin Media should be given in line with the
directions set out on the My Virgin Media area of the Virgin Media
website or in your welcome pack. Any notice period will start from
the day on which the notice is delivered if it is delivered by hand, 2
working days (i.e. excluding Saturdays, Sundays and public holidays)
after the date it was posted if sent by ordinary post, or from the date
of successful transmission if it is sent electronically.
V. Transfer of agreements
1. This agreement is personal to you and you may not transfer
your account or any of your rights and responsibilities under this
agreement without our written agreement. For business reasons
we and/or Virgin Media Payments may transfer any of our rights and
responsibilities under this agreement without your permission as long
as we ensure that the transfer will not aect your rights under this
agreement in a negative way.
W. The law and how your complaints are resolved
1. This agreement will be governed by the law of England and Wales,
unless you live in Scotland or Northern Ireland, in which case it
will be governed by Scots or Northern Irish Law respectively. If we
have a dispute about this agreement and you want to take court
proceedings, you must do so in the courts of one of the 4 parts of the
United Kingdom (England, Wales, Scotland or Northern Ireland) of
which its courts will have exclusive jurisdiction.
2. If any part of the agreement cannot be enforced, the rest of it will
still apply.
3. We are fully committed to addressing all complaints, fully and fairly,
and within a reasonable time frame. If you would like to nd out how
Virgin Media does this, please see our Complaint Resolution Code of
Practice which is available within the Legal Stu on the Virgin Media
website, or ask our team.
4. If we have not reached an agreed settlement within eight weeks of
receiving your complaint, or we agree in writing before the eight
weeks is up that the dispute should be settled by independent
adjudication, you can refer your complaint for independent
consideration through Alternative Dispute Resolution by the
Communications and Internet Services Adjudication Scheme (CISAS)
at www.cisas.org.uk. This service is free of charge.
5. You may also be able to refer a dispute to the European Online
Dispute Resolution (ODR) platform at http://ec.europa.eu/odr.
The ODR platform is a web-based platform which is designed to help
consumers who have bought goods or services online. It provides
access to independent alternative dispute resolution services which
are usually free for you to use.
X. Open Source Software
1. Certain components of the software for the equipment we provide to
you are subject to so-called open-source licences.
(For example, some of the software in the set-top boxes powered by
TiVo is subject to the GNU General Public Licence Version 2.) This
open source software is not subject to the restrictions in paragraph
G.1.7 above, but is subject instead to the terms of the applicable open
source licence. You are free to use, modify and distribute open source
software, so long as you comply with the terms of the applicable open
source licence. We’ll tell you which open source licences apply (if any)
in the documents which come with your equipment, as well as where
you can go to nd any modications in source code form.
GLOSSARY
acceptable use policy
the website at https://www.virginmedia.com/content/virginmedia/
dotcom/en/shop/the-legal-stu/acceptable-use-policy.html.
additional equipment
any equipment, including batteries or certain accessories which you may
purchase from a supplier recommended by us or an alternative supplier.
age restricted services
any of the content or services that are specied for use by customers of a
specied age (usually 18) or over.
add-on
a product (for example a data add-on) that allows you to obtain access to
our mobile services when you are outside your airtime plan, for example,
by purchasing a specic time limited allowance of the mobile service.
The use of adds-ons will be covered by this agreement and any other
terms that we make available to you at that time.
additional services
optional services (for example roaming outside of the EU, access to
services charged at premium rates, content or applications) which are
likely to be supplied outside of your airtime plan and are chargeable at
the rates set out in our tari table.
agreement
the terms and conditions set out in this document, together with your
contract terms, terms in any service change receipt and the Legal Stu.
airtime plan
the agreed allowance of minutes, texts and data that we provide to you
for an agreed monthly or other periodic payment – also referred to as a
“tari” . For example your tari might have an allowance of 250 minutes,
unlimited text messages and 500MB of data a month.
articially inate trac
calls that result in a calling pattern or patterns that are disproportionate
to the overall type, amount, duration and/or extent of calls which would
be expected from good faith usage of our mobile network or mobile
services in accordance with our acceptable use policy.
broadband service
us providing internet access by way of high-speed connection through
our xed network.
charge to bill
charges for access to third party content and services (for example a
subscription you may have to access an organisation’s TV streaming
service) that you pay for via your bill for the services.
content
the television channels, on demand programmes, Pay-Per-View
programmes, and any other content (including any new, extra or
substitute content which we agree to supply you at a later date) which
we make available to you from time to time, including on the television
service and the mobile service.
cooling o period
where you have entered into a new contract with us, the 14 day period
from the activation of your broadband service.
equipment
the equipment will be our property at all times and includes any
telecommunications or other equipment we supply to you as an essential
part of providing the services (including upgrades and replacements).
This may include any broadband modem (hub), set-top box, cables and
ducts. This does not include additional equipment. This does not include
your mobile handset.
home
the residential property where we or you install equipment, and to which
we agree to supply the services.
Legal Stu
as well as the terms and conditions set out in this document, there
are additional terms and conditions which apply to the supply of the
services as published by us on the Virgin Media website or can be
accessed through the equipment and/or the services, as updated by
us in accordance with Section L, which include (but are not limited to)
the “Early disconnection fees”, the “Phone Review & Mobile Bonus, the
“Line rental saver, the “Loss of Service Credit Guidelines”, the “TV fraud
and anti-piracy stu”, “Homeworks”, the “Trac management policy”,
the “Virgin Media Spending Caps Policy” and the “Acceptable Use
Policy. If there is any conict between the Legal Stu and the terms and
conditions in this document, the Legal Stu will apply.
matters beyond our reasonable control
matters beyond our reasonable control, including the actions of third
parties which we have no reasonable control over, lightning, ood or
severe weather conditions, re or explosion, civil disorder, damage or
vandalism to our network or equipment, terrorist activities, war, actions
of local or national governments or other authorities, or industrial
disputes.
messaging services
any email, voicemail, text (SMS) and multi-media messaging services
(MMS), personal information management and other message or
communication facilities which let you communicate with others and
also includes the voicemail storage and retrieval service and/or any other
type of message storage and retrieval service that we may oer from
time to time.
minimum guaranteed download speed
the minimum guaranteed download speed is 50% of the advertised speed
of our service on the date that you placed the order, and is set out in the
speeds table in your contract or service change receipt
minimum period
the minimum period that you have agreed to allow us to supply you with
and charge you for the services, starting from the service start date.
Unless you are told otherwise by us, the minimum period will be
12 months from the service start date.
mobile handset
your handset, manufacturer’s charger and any ancillary equipment such
as headphones supplied with the handset obtained from us when you
signed up to receive the mobile services.
network
the electronic communications systems or networks that we use to
provide our services.
Pay-Per-View programme
a programme or service which is oered for sale to you as an individual
purchase either at specic start times or on demand.
price guides
the current list of charges as set out at
www.virginmedia.com/shop/the-legal-stu/priceguides.
public communications provider
a public communications provider as set out in section 151 of the
Communications Act 2003.
roam like home
the use of your inclusive minutes, texts and data allowance in your
airtime plan while roaming in the EU. Fair Use Policy applies
https://store.virginmedia.com/the-legal-stu.
service start date
the date the broadband services are activated.
services
the services you have ordered including any new, extra or substitute
services which we agree to supply you at a later date.
SIM
a card which contains your Virgin Mobile phone number and enables you
to access our mobile services.
tari guide
the fees and call rates for your Virgin Phone (home phone), available
online at www.virginmedia.com/callcosts and for the Virgin Mobile call
charges and data charges, which are available online at
virginmedia.com/paymcharges or you can request a copy by calling us.
team
The customer service team. Our contact details are 0345 454 1111 or 150
from your Virgin Mobile.
television service
the television service that we may make available to you, including,
interactive services, so-called ‘red-button’ services, apps and any
other services and/or features and is accessible through the equipment
provided by us and connected to a television set. Content will be made
available on the television service.
total loss of service
this denition is set out in Virgin Media Automatic Compensation
Scheme
Virgin Media website
the website at www.virginmedia.com or any other website address we
may tell you about.
your equipment
equipment belonging to you or that you provide (for example, your mobile
handset, television set, projectors, display monitors, computer interface
card, printer and so on), including additional equipment.
WPTC-0620
J957