Terms and Conditions

Terms and

Conditions

Oomph Television,

Broadband, Phone and

Mobile (move to O2

plan)

(Sorry, even we couldn’t make this exciting.)

Effective from 1 June 2023

These terms apply from 1 June 2023 to any existing Virgin Media Oomph customer

who has received written notification of these terms

TERMS AND CONDITIONS

Your Oomph contract with us ("Contract") is made up of the following different parts (where

relevant):

•

Part 1: Virgin Media Television, Virgin Broadband and Virgin Phone

services Terms and Conditions (Part 1 Terms);

•

Annex A of Part 1: ‘Volt’ ‘Promotion Terms and Conditions for Virgin Media

services' which apply to the Part 1 Terms only;

•

Part 2: Pay Monthly and Pay Monthly SIM Only (Move to O2 plan) Terms

and Conditions (Part 2 Terms);

These terms and conditions set out the Contract 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’); and (4) Virgin Mobile Telecoms Limited,

(Company Number 03707664) whose registered address is 500 Brook Drive,

Reading, RG2 6UU (“Virgin Mobile”).

The sections of the Contract relating to the Virgin Mobile service have now been

moved to the Part 2 Terms.

The Part 2 Terms apply to Oomph customers who have been notified by Virgin Mobile

in 2023 that the Virgin Mobile part of their services are moving over to O2 Mobile Plans

and tariffs as part of the continued integration and innovation of Virgin Media and O2

and their respective product offerings since we joined forces last year.

If you are a Virgin Oomph customer and continue to receive Virgin Media Television,

Virgin Broadband and Virgin Phone services and Virgin Mobile service, Part 1 Terms

and Part 2 Terms will apply.

If you decide to cancel your Virgin Mobile service only, the Part 2 Terms will no longer

apply but your Contract (including the Part 1 Terms and Annex A) for the rest of your

services (e.g. broadband, home phone and TV) will continue unless terminated in

accordance with the Part 1 Terms.

Your cancellation rights in respect of the Contract are set out in:

(a) Sections N and R of the Part 1 Terms in respect of cancelling the Part 1 Terms; and

(b) Clauses 5 and 10 of the Part 2 Terms in respect of cancelling the Part 2 Terms.

PART 1 - Terms and conditions of your residential customer

service agreement for Virgin Media Television, Virgin

Broadband and Virgin Phone services

Your use of the Virgin Media Television, Virgin Broadband and Virgin Phone services

will be governed by these Part 1 terms and conditions, the additional terms set out

in your customer contract, any service change receipt and the relevant “Legal Stuff”.

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.

These Part 1 Terms do not apply to your Virgin Mobile services (please see the Part 2

Terms for Virgin Mobile).

General

Virgin

Phone

Virgin

Broadband

Services

and

Equipment

Looking

after

the

network

and

equipment

Using

the

services

Using

our

equipment

Paying for

your

services

Your

information

and

how

is looked

after

Annual price adjustment and changing

this

agreement

Suspending

Services

Cooling off

rights

Other

ways

end

this

agreement

Moving

home

outside

within

the

Virgin

Media

Network service area

you

break

this

agreement

Visiting

your

home

Liability

you

Matters

beyond

our

reasonable

control

Notices

Transfer of agreements

The

law

and

how

your

complaints

are

resolved

Open Source Softw are

Summary of Part 1 Terms:

Below this summary are the full Part 1 Terms. These Part 1 Terms (and the additional terms

set out in your customer contract, any service change receipt and the relevant “Lega l Stuff”

on our website) form your agreement with Virgin Media and Virgin Media Payments. When

referring to “agreement” in these Part 1 Terms, we mean all of these things in relation to the

Virgin Media Television, Virgin Broadband and Virgin Phone services. 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 tha t 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 different things, the terms in the full terms and conditions will be the terms that apply.

Your right to cancel during the cooling off 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 off period. You can

cancel immediately during this time without having to pay an early

disconnection fee.

•

Cooling off rights do not apply to certain digital content, e.g.

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 offers, and your minimum

period will also be set out in your order confirmation. This minimum

period will typically be 12 months. but we may offer 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 N of the agreement.

•

We will normally notify you when your minimum period is about to end

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 offers 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 offer or discount. After the end of the discount or offer

your price will increase to the current price for those services.

•

If the offer 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 then

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.

Annual price adjustment

•

Unless we have informed you otherwise, your monthly

subscription charges for your core services and any add-ons (apart

from a few specified exceptions) which you may have chosen will

increase each year in April by the Retail Price Index (RPI) rate of

inflation announced by the Office for National Statistics in the

preceding February of that year plus an additional 3.9% which is

applied at the same time. If the RPI rate is negative, we'll only

apply the 3.9%. This annual price adjustment will be applied from

April onwards. We'll publish the exact percentage increase each year

on our website as soon as it becomes available. See paragraph K2

for more details.

•

If the above annual price adjustment does not apply to any of your

services, we shall confirm this in your contract forms. For the

avoidance of doubt, the annual price adjustment does not apply to

certain exceptions, including (but not limited to) Essential broadband,

Essential broadband plus or Talk Protected plans, but will apply to any

add-ons those customers take (apart from a few specified exceptions).

•

The above annual price adjustment:

» does not apply to additional admin charges (e.g. paper billing)

or out-of-allowance charges (e.g. non-inclusive call charges);

and

» will not provide you with a right to cancel this

agreement.

Paying for your service – See Section I

•

You must pay Virgin Media Payments the charges for the services as set

out in our price guides and tariff guides, or as set out in your order

 
 
summary and/or your bill, which may also include a third  party 
service provider if we already have an arrangement with  them 
and  you have asked us to add payment for those services  to 
your bill. 
•
 
You need to make sure  you  pay your  bill so  that Virgin  Media 
Payments receives payment before the due date 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, such as the late payment charge and/ 
or  any charges levied  by  your  bank or  building  society  against us 
(or Virgin Media Payments) for failed cheques or direct debits. Please 
see  the price guides for details. 
How do I end my agreement? – See Section N 
•
 
You can cancel this  agreement at any time by giving 30 days’ notice. 
•
 
If you cancel this agreement before the minimum period has finished 
(and not during the cooling off period) you may have to pay an early 
disconnection fee. We will tell you how much this will be before 
you  cancel. You can find out more details on the early 
disconnection  fee and process by visiting the Legal Stuff  section 
here early  disconnection fees. 
 
What if  I move home during my minimum period? – See  Section O 
Moving within the Virgin Media network area 
•
 
When you take our services you agree to take these at  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 K.6. 
•
 
If you move home to an area where our services are available  then 
you can ask us, on 30 days’ notice, to transfer your  services to your 
new address, which we  will do provided there is  sufficient capacity on 
our network. A service transfer fee may  apply, please see the price 
guides for details. 
•
 
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 (e.g. 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 insufficient 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 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 services and you will not need to pay an early 
disconnection fee. 
Moving outside of the Virgin Media Network during your  minimum 
period 
•
 
The Virgin Media Network service area does not cover all of the  UK  — 
please use our post code checker by clicking here to check  availability. 
If you are moving to a property outside of our network  we will no longer 
be able to provide 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.  If you are moving outside our 
network area but still within the UK,  you should inform us of this when 
you submit your disconnection  request, as we will credit you back the 
early disconnection fee if  you follow our instructions and provide valid 
evidence of your new  address within 30 days of our request for such 
evidence. Please  visit the early disconnection fees area of the Virgin 
Media website  by clicking here for further information. 
Changing this agreement – See Sections K and N 
•
 
We may, at any time, change these terms and conditions, our charges 
(including charges that are not subject to the annual price  adjustment), 
the equipment, and the  services that we  have agreed  to provide to you. 
•
 
Aside from the annual price adjustment (which does not provide  you 
with a right to cancel this agreement) and subject to the other 
exceptions explained below, if we do any of these  things and the 
changes are not exclusively to your benefit, we  will notify  you of this and 
inform you of your right to cancel this agreement without  paying an   early 
disconnection fee by giving us notice in accordance  with  Section N. 
•
 
In  addition  to  changes that  are  exclusively to  your benefit,  if  we 
make: (a) changes to the equipment or services that are expressly 
permitted  under  the  terms  of  this  agreement (for example, the 
annual price adjustment pursuant to paragraph K2,  or  to  certain  cost-
based  charges  (e.g.  paper  billing  charges  or  international  rates) - 
see  paragraph  N8  for  more  details);  (b)  purely  administrative 
changes that have no negative effect on you; or (c)  changes that  are 
directly  imposed  by  law,  or  where  we   have  a  legal  or  regulatory 
obligation to pass on cost increases,  we  will  update you in accordance 
with paragraph N10(2) and you will  not  be entitled to cancel this 
agreement within your minimum  period  without paying an early 
disconnection fee. 
•
 
If the changes we make relate only to an add-on, any cancellation  right 
will be  limited to that  add-on only  (see paragraph  N6(a)  for  further 
details).  If  the  changes  we   make  only  relate  to  a 
supplementary  service,  and  those  changes  provide  you  with  a 
right  to  cancel  that  supplementary  service, we  will notify you  of  this 
and  inform  you  of  your  right  to  cancel  the  affected  supplementary 
service  and  this  agreement  without  paying  an  early  disconnection  fee. 
Any  cancellation right will be limited to  where  you  are  already  signed  up  to 
that  supplementary  service  (see paragraph N6(b) for further  information). 
 
Suspending and ending Services – See Sections L and P 
•
 
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 first. 
•
 
We also have an  acceptable use  policy that describes how the 
services
 
can
 
be
 
used
 
and it
 
can
 
be
 
found by
 
clicking
 
here.
 
Ending this agreement – See Section N and R 
•
 
If you  have entered into a new contract, you can cancel those services  at any time 
during your cooling off 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 (excluding the annual price  adjustment pursuant to 
paragraph K2 and subject to the  exceptions set out in paragraphs N6, N7  and 
N8) (see Sections K  and N);  
»  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 Stuff section by clicking  here and Section N below. This right only 
applies on or after 28
th
 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; or 
»  offered you this right by giving you notice to end credit payments  under 
the Virgin Media Automatic Compensation Scheme (click  here to  view 
the policy). See Section R 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 Section R14 
•
 
You also have rights and remedies that apply in addition to any of  the 
rights we give you under this contract. 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 fix 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 (fixed  line) or 
Virgin Broadband service, you may be entitled to credits under  the Virgin 
Media Automatic Compensation Scheme (click here to  view the policy). 
•
 
As a communications provider, we are also regulated by Ofcom and are 
required to comply with the General Conditions of Entitlement, Part C of 
which contains a number of consumer protection obligations, including 
rights to compensation for certain delays or failures that arise when you 
switch provider or port your number to a new provider.  For more 
information on your rights under these General Conditions, please see 
Ofcom's website: https://www.ofcom.org.uk/phones-telecoms-and-
internet/information-for-industry/telecoms-competition-
regulation/general-conditions-of-entitlement 
•
 
For more details on your rights as a consumer please visit the Citizens  Advice 
website at www.citizensadvice.org.uk 
Your information – See Section J 
•
 
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 J also sets out how we may access  information on the 
services. 
 
FULL PART 1 TERMS AND CONDITIONS FOR TV, BROADBAND 
AND PHONE 
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  Stuff 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 a ccount 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 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). 

From time to time we may let you try certain extra things for no additional

charge, e.g. 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.

Virgin TV

We aim to offer a television service covering a wide range of interests.

(1) 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.

(2 )

Where we are able to replace the content with similar or equivalent

content, such a change shall not provide you with the right to cancel this

agreement without paying an early disconnection fee.

(3 )

Where we are unable to replace the content with similar or

equivalent content, we will assess whether this is likely to materially

disadvantage you and, where we consider this to be the case, we shall

notify you of this change in accordance with paragraph N10(1) and you will

have a right to cancel this agreement without paying an early

disconnection fee under paragraph N8(b).

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.

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.

We have the right not to make a Pay-Per-View programme available to

you if you do not meet credit conditions set by us or if you have failed to

pay any charges you owe.

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.

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 (click here to see them) 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).

By viewing the television service you acknowledge tha t 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.

We will not continue to provide you with the television service if we find out

that you do not have a valid television licence.

Virgin Phone

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, e.g. 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.

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. However, you do have the right to transfer

to another provider either an existing phone number that you transfer to us,

or a phone number which we allocate to you. You have the right to transfer

your phone number to a replacement provider within 31 days from the

termination of your account with us. The details regarding your right to switch

providers and port your number are available on our website and fr om our

customer services team.

You agree that we will give your details, including address and phone number

to the emergency services. When ordering your phone service, you can choose

whether we pass 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. You can update this choice at any time. 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.

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.

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, e.g. 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 suffer.

Your phone package fees and call rates that are applicable from time to time may be

viewed in our tariff guide, posted on this section of the V irgin Media website

(www.virginmedia.com/callcosts). Otherwise, you can call us to request a copy. Rates set out

in the Tariff Guide take precedence over any rates shown in generic marketing material.

Where we make changes to our tariffs, we will notify you of fee and call rate changes by

publishing an updated tariff guide on the Virgin Media website.

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:

restrict, suspe nd

end

y our

services;

and/or

charge you our standard rates as published in our latest tariff guide for any calls

exceeding those reasonably expected of a person using the services for domestic

purposes.

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.

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 R1 below, we cannot accept

responsibility for issues arising out of incompatibility.

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:

you should keep your broadband router plugged in and switched on at all times to

make and receive calls; and

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.

10.

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

affects you. Any other of your equipment which you connect to your phone line may

also not work in an outage.

11.

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.

12.

For customers with accessibility requirements or for customers who do not have a

mobile phone, 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.

Virgin Broadband

For internet access 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-fi connection. The Virgin Media Help & Support pages of our website

can help you set up your connection —see Help & Support.

In order to keep providing a great level of service, we may modify or temporarily

suspend internet access, 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 internet access, and we will restore internet

access to you 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.

Due to the nature of the internet, we cannot guarantee specific levels of

performance for internet access.

You confirm 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 internet access.

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 Stuff.

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 (by clicking here) on what happens to your email when you leave

us.

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.

Internet access 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, e.g. 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 suffer. We have other more appropriate packages such as

Homeworks, and for small business use there are services provided for by Virgin

Media Business.

Services and Equipment

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. See section R15 for additional rights you may

have in relation to delays or failures arising from a switching or porting

process.

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.

Where we need to install equipment at your home, we will make every

effort to fit 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 fit, 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. 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.

Where we do not need to install equipment at your home, we will either

end 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 notified 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.

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 fulfil your order.

To provide the services, the equipment (e.g. a set-top box or hub (router))

must be connected to your equipment (e.g. 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

fittings (including power outlets or sockets) for the equipment.

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 confirm 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.

You are responsible for applying for any consents and permissions necessary

for us to connect and maintain the equipment at your home (e.g. 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.

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 notified 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 circumsta nces but will refund you any

payments you have already made to Virgin Media Payments for installation of

the equipment and provision of the services.

10.

We do not have to connect the equipment at your home, or otherwise keep to this

agreement to the extent the following affects our ability to do so, if:

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;

you do not qualify under our current credit policy;

you

have

previ ousl y

misused

our

t elevision

service;

your computer or device (or its operating software) does not work correctly

or as reasonably expected for internet access; or

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 system,

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.

Looking after the Network and Equipment

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.

We may upgrade or update the network, equipment and the services from time

to time. If we believe an update is likely to materially disadvantage you, we will notify you

in accordance with paragraph N10 and you may have a right to cancel your agreement.

Our network, equipment and services may vary. 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.

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:

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

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

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

the technician diagnoses the fault in the equipment as being caused by misuse, neglect

or accidental or wilful damage; or

the technician discovers that the fault or other problem relates to your equipment or

any system that we are not responsible for.

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

paragraph F5.

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).

Where we supply the services to you via your connection to another public

communications provider’s network (e.g. ‘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.

Using the services

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:

send a message or communication that is offensive, abusive, defamatory

(damages someone’s reputation), obscene, menacing or illegal;

cause annoyance, nuisance, inconvenience or needless worry to, or infringe

the rights of, any other person;

perfor m

any

ill egal

activi ties;

break, or

circumv ent, (or

attempt

so), the

securi ty of

our

netw ork,

equipment,

conte nt,

hardware

software;

deliberately receive, use, own, post, make available, transmit or publish,

offensive, harmful and/or illegal material (including images of child abuse);

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;

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:

as set

out

Se ction

W in respect

open

source softwar e;

and

ii)

that you may make a back-up copy of the software we provide for your

personal use; or

use any of the services in a manner not consistent with reasonable

residential domestic use;

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 a nother 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 ma naging our

network and providing services to our customers;

10.

use the services in a way that:

risks degradation of services to other customers;

ii)

puts our network at risk;

iii)

is not in keeping with that reasonably expected of a residential

customer; and/or

iv)

breaks the law or infringes the rights of any other person.

11.

The following acts are also not permitted:

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);

ii)

re-selling, or making any charge for watching or using, all or any part of

the services; and/or

 
 
iii)
 
showing all or any part of the services to the public even where  no 
admission fee is charged. 
2.
 
If we believe that you are using the services in any of the  ways set out 
in paragraph G1 and consider it to be a serious issue, we are entitled to  
reduce, suspend and/or terminate any or all of the services without giving 
you notice. Where we do reduce or suspend the affected 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 
sufficiently 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 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. 
4.
 
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 suffer. This also applies if you do not meet your 
responsibilities under this Section G.  
5.
 
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 off and that it is in standby or rest mode, 
as this allows us to send important updates (e.g. security updates)  to the 
equipment. 
6.
 
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  first but if we cannot contact you and we make such changes we will 
notify  you as soon as possible.  
7.
 
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 (Virgin Media 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 Virgin Media with 
an active  email address and mobile number that you check regularly to receive these 
updates. You can find details of relevant charges within the My Alerts pages  within 
the My Usage section of your My Virgin Media account.  
H.
 
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, 
e.g.  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 (e.g.  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 s oon 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 offer 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. 
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  beneficiary of this paragraph H.7 which means that TiVo Inc. can 
independently enforce the  terms of this paragraph against you. We reserve the right 
to automatically enable any additional and separate bandwidth on the equipment we 
provide in order to offer 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 affect 
the services we provide to you. 
I. Paying for your services 
1.
 
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 
notified to you (e.g. as set out in your order summary, change  of  service receipt 
and  your  bill),  together  with  any  applicable  value  added  tax  or  other 
applicable taxes. All payments by you should be made to Virgin Media Payments, 
who will provide you with all necessary  payment  handling services  for  Virgin 
Media. Virgin Media Payments  agrees 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 may charge you a separate 
service  fee for collecting and processing such payments as provided in paragraph I5 
(3) below. 
2.
 
We can change the charges as set out in paragraph K1, but if we do so,  this may 
entitle you to end this agreement without needing to pay an early  disconnection 
fee  (excluding  the  annual  price  adjustment  pursuant  to  paragraph K2  and 
subject to the exceptions set out in paragraphs N6,  N7  and N8). You can read 
more about this in paragraph N. 
3.
 
You  must  ensure  that  your  payments  are  received  by  Virgin  Media 
Payments 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 suspend or cancel  the services and 
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. 
4.
 
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 (e.g. 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. Where third party  services you receive have been added at your 
request to your Virgin Media  bill, you agree to pay Virgin Media Payments for such 
charges in the same  way as for all other charges on your bill.  
As set out in paragraph N9, we are not responsible for notifying you of  changes  
made  by  third  parties  to  the  third  party  services,  charges  or  terms  and 
conditions.  
5.
 
The
 
following
 
provisions
 
apply
 
re gar di ng
 
bill ing
 
and
 
pay ment
 
1.
 
Under this agreement, if you ask for  any changes to the services  provided 
by us, these changes will be reflected by adding or removing  proportionate 
amounts  to your  first  bill after  the  change  and to  your  payments  every 
month after that.  
2.
 
You may choose to pay your bills by cash, cheque, credit or debit card,  or by 
Direct Debit. For further information on how to pay your bill  please visit the 
Help and Support website by clicking here. 
3.
 
Virgin Media Payments will provide you with payment handling  services and 
unless you pay by Direct Debit you agree that Virgin  Media Payments may 
charge you a separate payment handling charge  for processing your payment 
which will be set out in the price guides. 
4.
 
If any cheque or 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 paragraphs I3 and I5(3) will also apply. 
5.
 
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, your paper bill 
is a supplementary service and we may charge you an  additional amount for this 
service, which we will tell you about when  you request the change. 
6.
 
The accuracy of the e-mail address you provide to us for E-billing  purposes 
is entirely your responsibility. 
7.
 
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 notification has been sent to the e-mail address  you have specified 
whether or not: 
i)
 
you access that e-mail account and read the relevant e-mail; 
ii)
 
you are disconnected from your e-mail account (for any  reason); or 
iii)
 
for any other reason (other than our negligence) you fail to  read  the 
relevant notification. 
8.
 
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.  

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.

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

application goes ahead. We may use credit-scoring me thods to assess the

application and to confirm 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 financially) 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 identified, 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, e.g. 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.

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:

require you to make a payment (which shall be made to Virgin Media

Payments) in advance for future charges; and/or

enforce credit limits on you for any charges (to the extent that we and/ or

Virgin Media Payments, as appropriate, believe is reasonable in the

circumstances), restrict the level of services we provide to you, only a llow

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.

You must provide promptly and accurately all the information which may be

needed so tha t we and Virgin Media Payments can perform our respective

obligations under this agreement. You must also tell us immediately if any of

your details change.

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.

Your information and how it is looked after

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.

To make sure you are always getting the best possible customer service, we may

monitor and record phone conversations you have with our teams.

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.

We also reserve the right to monitor and control data volume and/or types of

traffic transmitted via the services and/or equipment.

Annual price adjustment and changing this agreement

We and/or Virgin Media Payments may change our charges or introduce new

charges at any time.

(1) Unless we have informed you otherwise, your monthly subscription

charges for your core services and any add-ons (apart from a few specified

exceptions) which you may have chosen will increase each year in April by

the Retail Price Index (RPI) rate of inflation announced by the Office for

National Statistics in the preceding February of that year plus an additional

3.9% which is applied at the same time. If the RPI rate is negative, we'll only

apply the 3.9%. This annual price adjustment will be applied from April

onwards.

(2)

The annual price adjustment will apply to the monthly

subscription price you are paying at that time and also (if applicable) to the

monthly subscription price payable after subsequent expiry of any applicable

offer or discount. For example (just for illustrative purposes), if you joined

in August 2023 on an offer price where the monthly subscription charge is

£40 a month for the first 18 months, then standard pricing from month 19

(currently £50 a month), using RPI rates that are illustrative only:

Year 1: In April 2024 you would see your offer price increase to

£43.56 a month (if RPI announced in the preceding February was 5%, plus the

3.9%) i.e. £40 x 1.089 = £43.56. Your standard monthly price payable from

month 19 would increase also (£50 x 1.089= £54.45), although you would not

pay this amount until February 2025, 18 months from the date that you

entered your contract; and

Year 2: In April 2025 (provided you have not re-contracted onto another

price) you would be paying the standard monthly price and you would see

your monthly subscription charge increase from

£54.45 to £56.57 a month (if RPI announced in the preceding February was minus

1.5%, meaning we only applied the 3.9% increase) i.e. £54.45 x 1.039 = £56.57355;

(3)

In accordance with paragraph N10(2), we will publish the exact percentage

increase each year on our website as soon as it becomes available.

(4)

If the annual price adjustment does not apply to any of your services

we shall confirm this in your contract forms. For the avoidance of doubt, the annual

price adjustment does not apply to certain exceptions, including (but not limited to)

Essential broadband, Essential broadband plus or Talk Protected plans, but will apply

to any add-ons those customers take (apart from a few specified exceptions).

(5)

This annual price adjustment:

(a)

does not apply to additional admin charges (e.g. paper billing) or out- of-

allowance charges (e.g. non-inclusive call charges); and

(b)

will not provide you with a right to cancel this agreement.

Subject to the availability of alternative or extra services, 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 services, 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 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

paragraph do not give rise to a new agreement, unless we agree with you otherwise.

Please note that TV 360, home phone, Volt benefits and WiFi Guarantee are not

currently available in 2022/23 network expansion areas.

Subject to paragraph N6, N7 and N8 we may at any time modify, amend or alter the

terms of this agreement, the equipment and/or the services if:

there is any change or amendment to any law, code of practice, guidance or

regulation which applies to Virgin Media, Virgin Media Payments or the services

provided to you;

we decide that the equipment and/or services should be altered for reasons of

quality of service or otherwise for the benefit of customers or, in our reasonable

opinion, it is necessary to do so in order to continue to provide the equipment

and/or services;

for security, technical or operational reasons;

decide

offer

cer tain

content

Pay-Per-View

progra mmes;

we introduce new services, new service features, service improvements or

equipment;

the changes or additions are exclusively to your benefit; or

in all other events, where we reasonably determine that any modification to

a relevant system, our network or a change in trading, operating or business

practices or policies is necessary to maintain or improve the equipment and/or

services provided to you.

We may withdraw your chosen services package for commercial or operational

reasons or if we are unable to continue providing it for reasons beyond our

reasonable control. 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 (i) is not replaced

by a similar or equivalent package and this is likely to materially disadvantage

you; or (ii) 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 effect and you may cancel

the services affected in accordance with paragraph N13 without paying an early

disconnection fee.

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

under the circumstances set out in Sections E.3 and O1, your mobile service will

automatically continue under the Part 2 Terms. If we have to move any of your

mobile services to a new package we will always let you know and the Part 2

Terms will continue to apply.

Suspending

Services

We may suspend or reduce any of the services, immediately without notice for

as long as the suspension event persists if:

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 affected);

you exceed any allowance applicable to your services (and in such an

instance we may also reduce the level of services affected);

you go over any credit limit on your account or you cancel your direct debit and

we haven’t agreed an alternative means of payment;

we have reason to believe that you have provided us with false, inaccurate

or misleading information either for the purpose of obtaining the services

and/or the equipment or at any time during the provision of the services;

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, using the services or equipment (or both);

you or anyone you authorise to deal with us on your behalf acts in a way

towards our staff or agents which we reasonably consider to be inappropriate,

you have broken any of your obligations in Section Q; or

in our reasonable opinion it is necessary to do so, e.g. 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 reflect

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, the network or the system 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 paragraphs L1(1) 
or L1(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 efforts to contact you before 
suspending  the services but we are not liable for any loss you may suffer 
through this suspension. We will not provide the services again until we are 
satisfied  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  if in our reasonable opinion they form a significant  proportion 
of your  charges. 
 
M.
 
Cooling off 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 off 
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 offer an enhanced cooling off 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  off 
period during which you may cancel this purchase. We will provide  confirmation 
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 454 1111 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, Sunderland, SR43 4AA, or  
3.
 
completing  the  cancellation  form  you  have  been  given  as  part  of  your 
welcome pack and returning this to us at the address specified on the  form. 
4.
 
If you cancel the services during the cooling off 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  paragraphs 
M5(1) and/or M5(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 off period: 
1.
 
we
 
may requir e
 
you
 
to
 
pay
 
us
 
an
 
amount
 
proportiona te
 
to
 
any servi ces w hich we hav e 
provide d y ou  up until the ca ncellation  date; a nd
 
2.
 
we  will  not refund a ny one-off  fee s for a ctiva tion or installation  of the servi ce s if y ou 
cancel  the  servi ce s after i nstalla tion or a ctivation.  
 
6.
 
If  you  cancel during  the  cooling  off  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 offsetting 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 off 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. 
8.
 
If you recontract your services before the minimum period of the service  that 
you  are  currently  on has ended  and you then  decide  to cancel  during  the 
cooling off period, we reserve the right to put you back onto  the service (or an 
equivalent) that you were on previously, in which case  the minimum period you 
were on before will still apply. 
N.
 
Other ways to end this agreement 
1.
 
In addition to your rights to cancel during the cooling off 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 454 1111 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, Sunderland, SR43 4AA. 
2.
 
If you end this agreement in accordance with paragraph N1, 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  off period as  described  in  Section M above, or under 
paragraphs N6, N7, N8(2), N11 and R1(2) below)  you may have to pay an early disconnection 
fee as set out in paragraph N5  by way of compensation to us for ending the services early. 
4.
 
If you break this agreement and we end this agreement under Section P  (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 find details of the early disconnection fee  on the V irgin 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.
 
Subject to the exceptions in  paragraphs (a)  to  (c) of this N6 and paragraphs N7 and  N8, if we 
and/or Virgin Media Payments: 
1.
 
increase  any  of  our  charges  that  you  are  required  to  pay  under  this 
agreement, excluding the annual price agreement pursuant to  paragraph K2; 
2.
 
make any changes to the terms and conditions of this agreement that  apply to 
the services you already have which are not exclusively to your  benefit; 
3.
 
make any changes to the contracted equipment or services (other  than those 
permitted under the terms of this agreement) which are  not exclusively to 
your benefit; or 
4.
 
if there is a permanent loss of the services, 
we will give you at least 30 days’ notice of such a change and inform you  of your 
right to cancel this agreement without paying an early  disconnection fee by giving 
us notice  in accordance with the instructions  set out in our notification. You need 
to give us your  cancellation notice  within 30 days of us notifying you. If you cancel 
this agreement under this  paragraph N6, your contract will terminate on the earlier 
of (i) 30 days  after your notice is deemed delivered in accordance with paragraph T3, 
or 
(ii) the date on which the change comes into effect, or, where this is not  feasible due 
to the timing of your notice, as soon as reasonably possible  after that date. 
Other than where the exceptions referred to in N7, N8 and N9 apply, if the  change 
described in N6(1) to N6(4) (inclusive) relates: 
(a )
 
only  to  an  add-on  that  you  have  already  signed  up  to,  and  you  decide 
to  cancel  this  agreement  due  to  the  change  in  the  add-on  and  you  are  within 
your  minimum  period  for  your  core  services,  you  may  still  be  required to pay 
an early disconnection fee as set out in paragraph  N5  by  way  of  compensation  to  
us  for  ending  the  core  services  early.  We  will  inform you if this is the case; 
(b)
 
only to a supplementary service that you have not already signed up to,  you will 
not have the right to cancel this agreement; 
(c)
 
only to  a  supplementary service that you  have already signed up to, and  the 
changes are not exclusively to your benefit, we will notify you of this  and inform you 
of your  right to  cancel  the  affected  supplementary  service  and this  agreement 
without paying an early disconnection fee by giving us  notice in accordance with the 
instructions set out in our notification. 
For the avoidance of doubt, this agreement does not apply to non-bundle  services 
nor to Virgin Media Store. Any changes  to non-bundled services or  to Virgin Media 
Store will  be governed by the  terms of those services, and  any changes to those 
services will not be covered by the rights in this  paragraph N6. If you wish to end an 
agreement for any non-bundle service  or Virgin Media Store, please refer to the 
terms for those services. 
7.
 
Your right to cancel without paying an early disconnection fee set out in  paragraph 
N6 shall not apply if we make any changes to the charges,  network, equipment, 
services, or the terms of this agreement that are  exclusively to your benefit or for 
the following reasons: 
1.
 
the change is purely administrative and has no negative effect  on you; 
2.
 
the  change  is  due  to  a  change  in  law  (including  a  change  required  by 
government or a competent regulatory body) that  applies to us and/or  the 
equipment or services we provide. This  includes any increase in  the rate of VAT, 
the imposition of new  tax or the e xtension  of an  existing tax that has  not 
previously  applied; or  
3.
 
we have a legal or regulatory obligation to pass on cost  increases,  (e.g.  where 
the  service  charge  for  calling  084,  087,  09  and  118  numbers increases). 
We will inform you of any changes made for the reasons set out in this   paragraph 
N7 in accordance with paragraph N10(2). If you decide to  cancel  this agreement 
due to a change made for the reasons set out in this  paragraph N7 and you are still 
within your minimum period, you may still  be required to pay an early disconnection 
fee as set out in paragraph N5  by way of compensation to us for ending the services 
early. 
8.
 
(1) Subject to paragraph N8(2), where our charges, network, equipment or  services 
change in the ways described below, you will not have the right  set out in paragraph 
N6 above to cancel this agreement during your  minimum period without paying an 
early disconnection fee:  
 
a)
 
changes to charges that are based on the cost of providing the  service  to you or 
carrying out the relevant  task, only to  the extent that any  change  is directly 

attributable to the cost element and is not made more frequently than

once in any month e.g. cost based elements such as paper bills, early

disconnection fees, late payment fees, and equipment non return fees.

changes to the network, equipment or services which are variable and

permitted under the terms for that equipment, network or service.

Examples of such permitted variability include but are not limited to TV

(see paragraph B2) and our updates (see paragraph F2);

changes to international rates that are directly linked to increases in

wholesale rates notified to us by other providers. Any changes

to charges under this sub- paragraph (c) will be notified to

customers and will not be made more frequently than once per month.

(2) We will notify you of a change under paragraph N8(1) in accordance with

paragraph N10. If we believe such a change is likely to materially disadvantage

you, we will notify you of your right to cancel this agreement and you may cancel

this agreement without paying an early disconnection fee in accordance with

paragraph N6 above.

If we enable you to use a service that is supplied by a third party and is subject to

their terms and conditions, we are not responsible for any changes made by that

third party to the third party's services, charges or terms and conditions or for

notifying you of those changes as such changes are outside our control and we

may not be aware of them. You will not have a right to cancel this agreement

during your minimum period without paying an early disconnection fee as a

result of those changes.

10.

(1) Where we make a change to the network, equipment, charges, services

or the terms of this agreement in accordance with this paragraph N, and such

change provides you with the right to cancel this agreement without paying an

early disconnection fee, we shall notify you directly of this change via email,

electronic message, SMS, or by post in accordance with Section T.

(2)

Where we make changes where no such right to cancel arises, we will update

our website where appropriate and, where we consider it appropriate, we may

also notify you directly via email, electronic message, SMS, post, My Virgin Media

or via bill communication. The latest version of our terms and conditions

applicable to you will be available at virginmedia.com/legal so please check

regularly for changes.

11.

If you have a linked agreement with us and you are notified by us of a right to

cancel that linked agreement because of a change that we have made to that

agreement, you may be able to also cancel this agreement. We will notify you if

this is the case.

12.

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 fix the

problem, we will notify you of your right to cancel this 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 engineer visits or miss

appointments) we may extend the 30 days remedy period but we will always

discuss this with you beforehand.

13.

We may end this agreement immediately by giving you notice:

if our authority to operate as a public communications provider

is suspended for any reason; or

if in our reasonable opinion it is necessary to do so for security,

technical or operational reasons.

14.

When this agreement ends or you cancel a service, we will deactivate

(permanently switch off) any relevant equipment we supplied to you to

provide the services. You will no longer be able to use the equipment.

15.

If you fail to return or make available for removal any item of the equipment

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.

16.

If this agreement is ended for any reason, or if any of the services are cancelled,

Virgin Media Payments 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.

Moving home outside of or within the Virgin Media

Network service area

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 K.6. 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 paragraph N5. If you are moving outside our network area but still within

the UK, you should inform us of this when you submit your disconnection

request, as we will credit you back the early disconnection fee if you follow

our instructions and provide valid evidence of your new address within 30

days of our request for such evidence. Please visit the early disconnection

fees area of the Virgin Media website by clicking here for further

information.

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.

If you move to an address within our service 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 sufficient 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.

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.

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 (e.g. 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.

If you break this agreement

We and/or Virgin Media Payments may end this agreement immediately if:

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;

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);

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;

we and/or Virgin Media Payments have reason to believe that you have

provided us 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;

any permission under which we are entitled to connect, maintain, modify or

replace the equipment is ended for any reason;

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;

you or anyone you authorise to deal with us on your behalf acts in a way towards

our staff or agents which we reasonably consider to be inappropriate,

we and/or Virgin Media Payments are specifically entitled to do so under any

other section of this agreement; or

we validly suspend or reduce any of the services in accordance with paragraph

L for a period of 30 days or more.

If you break this agreement and we and/or Virgin Media Payments choose to overlook

it, we can still end the agreement with you if you break it again.

If we end this agreement because you have broken this agreement as set out in this

Section P (including where you have not paid the charges which you are liable to pay

under this agreement), we are entitled to:

charge you for all charges (including usage charges and line rental) up to the date

the agreement ends; and/or

if the agreement is ended during any relevant minimum period, charge you an

early disconnection fee as described in paragraph N5; and/or

prev ent

and/or

disrupt

access

the

services.

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.

Visiting your home

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:

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

inspect any of your equipment which you may keep there.

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.

We cannot normally be required to remove permanent equipment installations

if you end this agreement or move from your home.

Liability to you

Neither Virgin Media nor Virgin Media Payments restricts or excludes liability to you

for:

death or personal injury resulting from our own or Virgin Media Payments’ own

(or our agents’ or contractors’) negligent act or failure to act; or

fraud; or

any legal rights and remedies available to you as a consumer in relation to the services.

None of these rights and remedies are affected 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. Additional information about your

rights is set out at paragraphs R15.

Except as set out in paragraph R1, neither we nor Virgin Media Payments will be liable

to you for:

any loss or damage which is not a reasonably foreseeable consequence of Virgin Media

 
 
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 (e.g. if you and we  discussed  it); or  
2.
 
any  business  loss  (including loss  of  profits,  business, revenue,  contracts  or 
anticipa ted savings, wasted expenses or any other purely financial  losses) 
even if such loss was reasonably foreseeable.  
3.
 
Except as set out in paragraph R1  our 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  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, fitness for purpose,  completeness 
or  legality  of any  information  accessed,  received  or  transmitted  using  the 
equipment 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 or  services. 
6.
 
We will not be liable for any failure of safety, security or other  alarm  systems 
or monitors due to: 
1.
 
incompa tibility
 
w ith
 
our
 
network;
 
or
 
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 (e.g. 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 the 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 
individua ls or organisations which may be accessed through the  equipment 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. 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 fix the fault  in  which  case you agree  to follow our reasonable  
instructions and to provide us with a reasonable  opportunity to fix it. 
11.
 
If you experience faults with your Virgin Phone or Virgin broadband  services, 
then in certain circumstances, where such faults affect 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, click here to 
view. If we fail to fix 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 (click here to view  the policy). If we give you 
notice, we will offer 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 (e.g. 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 
paragraph G2), 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,  e.g.  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 fix 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.  As  a  communications  provider, 
we  are  also regulated  by  Ofcom  and  are required to  comply  with the 
General Conditions of Entitlement, Part C of which contains a number of 
consumer protection obligations.  For more  information on your rights 
under  these  General  Conditions,  please  see  Ofcom's  website: 
https://www.ofcom.org.uk/phones-telecoms-and-internet/information-
for-industry/telecoms-competition-regulation/general-conditions-of-
entitlement. 
15.
 
As a communications provider, we are also regulated by Ofcom and are required 
to comply with the General Conditions of Entitlement, Part C of which contains a 
number of consumer protection obligations, including rights to compensation for 
certain delays or failures that arise when you switch provider or port your number 
to  a  new provider.   For  more  information  on  your  rights under  these  General 
Conditions,  please  see  Ofcom's  website:  https://www.ofcom.org.uk/phones-
telecoms-and-internet/information-for-industry/telecoms-competition-
regulation/general-conditions-of-entitlement 
16.
 
 
S.
 
Matters beyond  our reasonable control 
1.
 
Neither we 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. 
T.
 
Notices 
1.
 
Other  than  where  we  inform  you  via  our  website  or   via  bill  communication  (e.g. 
paragraph N10(2), any other notices we give to you must be in  writing and be  
delivered by hand, post or sent electronically (e.g. email,  electronic message, SMS 
or via My Virgin Media). It is your responsibility  to ensure that the contact details 
you supply to us are kept accurate and  up to date.  
2.
 
Any notices that you give to us 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 or in the event that you are notified of a right to  cancel this Agreement in 
accordance  with  the  instructions  set  out  in  our  notification  of  your  right  to 
cancel). 
3.
 
Where we send you a notification, or vice versa, the 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 da te of successful transmission if it 
is  sent electronically. 
U.
 
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 affect your rights under 
this agreement in a negative way. 
V.
 
The law and how your complaints are resolved 
1.
 
This agreement will be governed by the law of England a nd 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 find out how Virgin  Media does this, 
please see our Complaint  Resolution Code of Practice  which is available within 
the Legal Stuff 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. 
W.
 
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 
G1(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 s oftware, 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 find any modifications in source code  
form. 
 
GLOSSARY 
acceptable use policy 
thewebsite at https://www.virginmedia.com/content/virginmedia/ 
dotcom/en/shop/the-legal-stuff/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. 
add-
on 
an optional add-on  that you choose to take which does not form part of  your  core services 
and which has no minimum term or has a minimum term or  notice period of 30 days or 
less. 
agreement 
in respect of the Virgin Media Television, Virgin Broadband and Virgin Phone services, the 
terms and conditions set out in the Part 1 Terms, together with your contract  terms, terms in any 
service change receipt and the relevant Legal Stuff. 

annual

price

adjustment

the annual price adjustment referred to in paragraph K2.

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.

cooling off period

where you have entered into a new contract with us, the 14 day period from the

latest of (i) the day after the delivery of the equipment, (ii) the service start date,

or (iii) the day on which you received a copy of these terms and conditions in

printed or PDF format.

core services

the services in your core package provided by us to you under this agreement, which

excludes any supplementary services, add-ons, non-bundle services, out- of-allowance

services (e.g. non-inclusive calls), admin charges or Virgin Media Store.

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.

home

the residential property where we or you install equipment, and to which we agree

to supply the services.

Internet access

us providing internet access by way of high-speed connection through our network.

Legal Stuff

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 K, 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 stuff”, “Homeworks” and the “Acceptable Use Policy”. If there is any

conflict between the Legal Stuff and the terms and conditions in this document,

the Legal Stuff will apply.

linked agreement

another agreement with us that is linked to this agreement in a way defined as a

bundle in Ofcom’s General Conditions of Entitlement effective from 17th June

2022.

matters beyond our reasonable control

matters beyond our reasonable control, including the actions of third parties which

we have no reasonable control over, lightning, flood or severe weather conditions,

fire 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.

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 18 months from the service

start date.

network

the electronic communications systems or networks that we use to provide our services.

non-bundle service

a service provided by us under a separate agreement that is not a linked agreement e.g.

Priority from O2.

Pay-Per-View programme

a programme or service which is offered for sale to you as an individual purchase either

at specific start times or on demand.

price guides

the current list of charges as set out at

https://www.virginmedia.com/shop/the-legal-stuff/priceguides.

public communications provider

a public communications provider as set out in section 151 of the Communications Act

2003.

service start date

the first date on which the service is available for you to use; or

where no installation is required, the earlier of the date the service is activated or

7 days from the date you ordered the service from us; or

where you install the services yourself (via Quickstart or a similar self- installation

solution), it will be either the first date on which each service is available for you to

use the services or the date we receive confirmation that your installation kit has been

delivered, whichever is earlier.

services

in respect of these Part 1 Terms, the Virgin Media Television, Virgin Broadband

and Virgin Phone services you have ordered including any additional service or

any new, extra or substitute services which we agree to supply you at a later

date under this agreement.

supplementary service

an extra service (excluding add-ons) which is linked to the core services provided

by us under this agreement, which you use, register or sign up for and is

described as a supplementary service in its terms and conditions (e.g. paper

billing (see paragraph I5(5) above), the My Virgin Media App).

system

an electronic communications system or network.

tariff

guide

the fees and call rates for your Virgin Phone (home phone), available online at

www.virginmedia.com/callcosts or you can request a copy by calling us.

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 definition is set out in Virgin Media Automatic Compensation Scheme,

please click here to view this policy.

Virgin Media website

the website at http://www.virginmedia.com or any other website address we

may tell you about.

your equipment

equipment belonging to you or that you provide (e.g. your television set,

projectors, display monitors, computer interface card, printer and so on),

including additional equipment.

 
 
ANNEX A ‘VOLT’ 
PROMOTION TERMS AND CONDITIONS FOR VIRGIN MEDIA SERVICES 
 
The following promotion terms and conditions govern ‘Volt’ benefits for Virgin Media services and only form a part of your Virgin Media customer 
contract once an eligible order for your Virgin Media Services to be supercharged with Volt has been accepted by Virgin Media. 
These terms and conditions are in addition to: 
 
•
 
the standard Part 1 Terms of your residential customer service agreement for Virgin Media Television, Virgin Broadband and Virgin Phone Services (as provided immediately before 
these terms and conditions) (the “Virgin Media Standard Terms”); 
•
 
to the extent you are an O2 customer under an O2 mobile contract, the Volt Terms and Conditions for O2 customers which govern the Volt benefits applicable to your eligible O2 Pay 
Monthly Mobile Plan (available at www.o2.co.uk/termsandconditions/mobile/ supercharged); and 
•
 
to the extent you are an O2 customer under an O2 mobile contract, the standard terms and conditions of your agreement for your eligible O2 Pay Monthly Mobile Plan (available at 
www.o2.co.uk/termsandconditions/mobile/our-latest-pay- monthly-mobile-agreement). 
 
Please read through these terms carefully. 
Please note: 
•
 
Whilst you may be eligible to have your services supercharged with Volt as a result of having certain O2 and Virgin Media services registered at your residential address, where your mobile services 
are provided by O2 under a direct contract between you and Telefonica UK Limited (and not with Virgin Media), separate contracts apply to the O2 and Virgin Media services and the relevant 
account holder(s) will be billed separately for these services; 
•
 
Your contract for Virgin Media services is with Virgin Media Limited and Virgin Payments Limited; and 
•
 
If you have an eligible O2 Pay Monthly Mobile Plan, your contract for that plan is directly with Telefónica UK Limited 
 
For customers who have been supercharged with Volt or have had their Volt order accepted, Virgin Media reserves the right to change or withdraw the Volt benefits applicable to your relevant Virgin Media 
services or vary these Volt Promotion Terms and Conditions for Virgin Media services in accordance with the Virgin Media Standard Terms and Conditions. Otherwise, this promotion may be changed or 
withdrawn at any time and it shall not constitute a contractual modification for those existing Virgin Media broadband customers who already have an eligible O2 Pay Monthly Mobile Plan but did not 
place an order to unlock their Volt benefits pursuant to paragraph A.3 prior to such change or withdrawal. 
 
A.
 
What is “Volt” and how can you get the benefits? 
1.
 
Provided you are not taking Virgin Media services in any of our 2022/2023 network expansion areas nor taking one of Virgin Media's Essential broadband packages from 10 November 2022, if you 
have or sign up to both a Virgin Media residential broadband service and either: (i) an eligible O2 Pay Monthly Mobile Plan contract directly with Telefónica UK Limited, or (ii) an eligible O2 Pay 
Monthly Mobile Plan contract directly with Telefónica UK Limited is registered in another resident’s name at your address, you will be eligible to have the Virgin Media services at your residential 
address supercharged with Volt and receive the following Volt benefits for your Virgin Media services: 
1.
 
a broadband speed boost to upgrade you to the next available Virgin Media broadband speed tier (if you don’t take or already have the fastest speeds available to you in your area at the 
point you place your order to become supercharged with Volt). Please see Section B below; and 
2.
 
our money-back WiFi coverage guarantee with WiFi Max, at no extra cost if you are on a Virgin Media broadband package of M50 or above. WiFi Max is subject to WiFi Pods stock availability. 
Please see Section C below 
2.
 
If you have or sign up to an eligible O2 Pay Monthly Mobile Plan contract directly with Telefónica UK Limited and become eligible for Volt benefits, then the Volt benefits for your O2 services are 
governed by the terms of your separate contract with O2 (available at https://www.o2.co.uk/termsandconditions/mobile/supercharged), which includes an explanation of which O2 Pay Monthly 
Mobile Plans are eligible for being supercharged with Volt, what are the Volt benefits for O2 services and the steps which need to be taken to receive the Volt benefits for O2 services. 
3.
 
If you are an eligible existing Virgin Media broadband customer, the Volt benefits for your Virgin Media services will be applied (unless we inform you otherwise) up to 14 days following either: (i) your 
O2 Pay Monthly Mobile Plan order with Telefónica UK Limited; (ii) the purchase of an eligible O2 Pay Monthly Plan directly from Telefonica UK Limited by another resident at the same residential 
address: or 
(iii) the activation of Volt benefits for an existing O2 Pay Monthly Plan. 
4.
 
If you are an eligible existing Virgin Media broadband customer who already has an eligible O2 Pay Monthly Mobile Plan with Telefónica UK Limited, you will need to visit your MyO2 online 
account to place an order to unlock the Volt benefits for both your Virgin Media and O2 services, which will be unlocked within 14 days of you doing so. 
5.
 
You will not be able to unenroll from the Volt benefits once they have been activated, unless you decide to cancel both your eligible O2 Pay Monthly Mobile Plan with Telefónica UK Limited and your 
Virgin Media residential broadband service (or if the eligible O2 Pay Monthly Mobile Plan registered at your address is cancelled by the relevant account holder), as applicable. If you cancel your 
eligible O2 Pay Monthly Mobile Plan within 14 days of: (a) you receiving your O2 SIM following you purchasing an eligible O2 Pay Monthly Mobile Plan; or (b) you re-contracting to an eligible O2 Pay 
Monthly Mobile Plan at the same time as purchasing eligible Virgin Media broadband services, you may become ineligible for the Volt benefits for your Virgin Media services. Depending on the 
services you receive: 
1.
 
we may remove any applicable Volt broadband speed boost; 
2.
 
you will no longer be entitled to receive the WiFi Max service at no extra cost (unless you take Gig1 Fibre Broadband) and standard pricing will be applied going forward; and 
3.
 
if you were receiving the Ultimate Volt Bundle and you have cancelled your O2 Unlimited SIM, where you are the registered account holder of it, we may move your Virgin Media services to 
the Bigger Sports & Movies Bundle (or the nearest equivalent bundle to Bigger Sports & Movies available at the time). If you would prefer to move to a different package, you should call Virgin 
Media to discuss your options. 
6.
 
If you subsequently cancel your eligible O2 Pay Monthly Mobile Plan, where you are the registered account holder of it, or it is cancelled by the relevant account holder after the 14 day period 
referred to in paragraph A.5 above, the Volt benefits for your Virgin Media services may be lost when you next recontract to Virgin Media’s services. 
7.
 
If we remove your Volt benefits from your Virgin Media services in accordance with our rights in paragraph A.5 or A.6 above, your Virgin Media services shall continue and your Virgin Media 
minimum period will be unaffected. Save for Sections A.5 and A.6 above, your Virgin Media television, broadband and phone services are entirely unaffected by the cancellation of your O2 mobile 
services which you receive from Telefónica UK Limited whether by you directly or the relevant account holder at your residential address. 
8.
 
You may be required to upgrade or swap your equipment in order for us to provide the Volt benefits for your Virgin Media services. If this is the case, we will let you know and facilitate an equipment 

swap. Should you not agree to the equipment swap or fail to return your existing equipment we may not be able to provide you with your Volt benefits and we may charge you the replacement costs

and reasonable recovery costs for that equipment. In addition, if you become ineligible for the Volt benefits and we remove your broadband speed boost in accordance with these terms and

conditions, resulting in the need for you to return further equipment to us, we may also charge you the replacement cost and reasonable recovery costs for that equipment. It is your responsibility to

keep any of our equipment safe and we will provide all required packaging to process these returns, as applicable.

Volt Broadband Speed Boost

Your speed will only be boosted to the next Virgin Media broadband speed tier available to you at your premises at the point of you placing your order to become supercharged with Volt.

You’ll receive confirmation from us when we have applied your broadband speed boost.

In the event that you become ineligible for the Volt benefits for your Virgin Media services, any applicable broadband speed boost may be removed and your Virgin Media broadband package will be

downgraded to the preceding speed tier available at the time of boost removal.

WiFi Max

WiFi Max is available to Virgin Media residential broadband customers on packages of M50 broadband or above, provided you are not taking services in any of our 2022/2023 network expansion

areas. Availability of the WiFi Max service is subject to stock availability. Please see the Virgin Media WiFi Max terms and conditions.

If you are already subscribing to WiFi Max and paying for that service, a discount will be applied to your Virgin Media account within up to 14 days following either: (i) your O2 Pay Monthly Mobile

Plan order directly with Telefónica UK Limited: (ii) the order of an eligible O2 Pay Monthly Mobile Plan directly from Telefónica UK Limited by another resident at the same residential address as the

Virgin Media services: or (iii) if you are also already an existing eligible O2 Pay Monthly Mobile Plan customer, up to 14 days following your request to unlock this Volt benefit for the associated Virgin

Media service via your MyO2 online account. The associated holder may not see the application of this discount until their next monthly bill.

PART 2: FULL TERMS AND CONDITIONS FOR PAY MONTHLY AND PAY MONTHLY SIM ONLY (Move to O2 plan)

These terms:

These Part 2 Terms apply to our Pay Monthly and Pay Monthly SIM Only services.

These terms and conditions only apply to Oomph customers who have been notified by Virgin Mobile Telecoms Limited in 2023 that the Virgin Mobile part of their services are moving over

to O2 Mobile Plans and tariffs as part of the continued integration and innovation of Virgin Media and O2 and their respective product offerings since we joined forces last year. These

terms and conditions apply to those customers’ mobile services from the date that change takes effect, as notified by Virgin Mobile Telecoms Limited.

These Part 2 Terms do not apply to your Virgin Media Television, Virgin Broadband and Virgin Phone (please see the Part 1 Ter ms for Virgin Media Television, Virgin Broadband and Virgin

Phone services).

If you use a PAC or STAC code to terminate your Pay Monthly contract in accordance with clause 10.1(e), your Pay Monthly contract will be cancelled as soon as the provider you switch to

activates its services.

Your Agreement and additional terms:

Your Agreement remains with Virgin Mobile Telecoms Limited, however your mobile service will now be provided by Telefónica UK Limited ("O2") on Virgin Mobile's behalf on the

terms set out below. In addition to the terms of this Agreement, the following O2 General Terms will also apply to the Virgin Mobile services:

• Volt terms: the Volt terms for O2 customers which can be viewed at: https://www.o2.co.uk/termsandconditions/mobile/supercharged. These terms will only form a part of your

Agreement once an eligible order for your Services to be supercharged with Volt has been accepted by O2.

• Tariff terms: the latest O2 "Tariff Terms" covering the types of calls you can make, messages you can send and data you can use. These can be viewed here:

www.o2.co.uk/termsandconditions/mobile/our-latest-pay-monthly-tariff-terms.

• Fair use policy and O2: O2's "Fair Use Policy" that explains your usage obligations, how to avoid breaching these obligations and what will happen if you don't comply. These can be

viewed here: www.o2.co.uk/termsandconditions/mobile/o2-consumer-fair-usage-policy. These change from time to time so we suggest you check them regularly.

• Promotions and additional services: Any terms for other relevant promotions, offers, goods and services supplied to you by O2 or any other 3rd party partners. For more information,

please visit www.o2.co.uk/terms. Additional Services (including services relating to goods), offers and promotions may have additional terms and conditions. If Additional Services are

supplied, O2 will usually put the related terms and conditions on the O2 Website and/or in marketing materials. Please check the O2 Website because it is updated regularly. To contact

O2, visit o2.co.uk/contactus on the O2 Website.

• Your information and the switch to O2: To switch your Virgin Mobile service to O2, Virgin Media will share information about you with O2 so they can provide the S ervices on our

behalf. Although they do not form part of this Agreement you will find the Virgin Media privacy policy at virginmedia.com website (under ‘Legal’) and you will find the O2 privacy policy

at www.o2.co.uk/termsandconditions/privacy-policy. Both policies may be updated from time to time so please check them regularly. You will also find answers to frequently ask ed

questions covering the switch to O2 here https://www.virginmedia.com/help/mobile/your-move-to-o2.

• Your information and insurance: If you have taken mobile insurance via the Virgin Mobile website, Virgin Mobile 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 policy underwriter, Liberty Mutual Insurance Europe Limited, who is the data controller for the purposes of data protecti on laws (Information Commissioners Office registration

number Z6118163). Once the relevant data has been passed to Asurion by Virgin Media, Asurion will undertake all responsibilities as data processor (for the purposes of data protection

laws) for the 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.

When referring to “Agreement” in these Part 2 Terms, we mean all of these things in relation to the Virgin Mobile service.

O2’s 4G and 5G Services:

O2's 4G and 5G terms and conditions of service also apply for customers that use 4G and 5G Services.

Which terms?:

In the event of any inconsistency between the terms of this Agreement and the additional terms listed above, these terms and conditions shall take preference (including, but not limited

to, your Agreement being with Virgin Mobile Telecoms Limited).

If you are a Virgin Mobile Freestyle Customer and have taken a handset under a Credit Agreement with Virgin Media Mobile Finance Limited, your Credit Agreement will continue unaffected

by your migration onto an O2 Mobile Plan.

If you pay for your handset and data package in a single payment, you will be moved to a n O2 Mobile Plan. If you are out of contract, then your payment will have already reduced to reflect

an airtime only price and you will migrate over to an equivalent plan for the same price on O2. If you are still in contract when you migrate, then your payment will reduce to reflect an

airtime only price on O2. In the event that you choose to extend the term of your contract or choose to enter into a new plan for your mobile services, you will enter into a new contract

with O2 on O2’s terms and conditions.

Introduction

1.1. The parties:

The Services covered by the Part 2 Terms are on behalf of Virgin Mobile Telecoms Limited (Company number 03707664). Our registered office address is 500 Brook Drive, Reading, United

Kingdom, RG2 6UU. Our VAT number is 591819014. In these Part 2 Terms, when we say “Virgin Mobile”, “we”, “our” or “us” we mean Virgin Mobile Telecoms Limited.

When we say “you” or “your” we mean you, our customer.

Whilst not party to this Agreement, as mentioned above O2 will provide the Services and act as a billing agent on our behalf. O2’s registered company name is Telefonica UK Limited

(Company number 01743099) with a registered office address of 260 Bath Road, Slough, SL1 4DX.

When we say Virgin Media, we mean Virgin Media Limited and each company is part of the same family of companies.

1.2. Definitions:

These Part 2 terms contain various words that start with a capital letter and have a defined meaning, e.g. “Charges” applicable to the Virgin Mobile services provided to you. We set out

below what these defined words mean.

Add-on means an optional add-on product (for example a data Add-on) that you choose to take and which does not form part of your core Services, which has no minimum term or has a

minimum term or notice period of 30 days or less. References to "Optional Add-on Services" in any applicable O2 terms and conditions shall have the same meaning.

Additional Services means any Supplementary Services and / or Add-ons provided to you by O2 on our behalf (as applicable).

Agreement means, in respect of the Virgin Mobile services under these Part 2 Terms only, these Part 2 terms and conditions of service and the Charges and other details in the Tariff Terms

that apply to your account. Additional terms may apply to Additional Services or any promotional or special offers but O2 will notify you of these before they apply.

Approved Use means use of Content in a way that doesn't infringe the IP Rights of others.

Artificially Inflate Traffic means calls, data or texts that result in a calling pattern or patterns that are disproportionate to the overall type, amount, duration and/or extent of calls, data or

texts which would be expected from good faith usage of our Network or Services.

Billing agent means a party responsible for using bills for the Charges for the Services as set out in this Agreement. O2 shall act in this capacity.

Charges means charges for access to and use of the Services as set out this Agreement, in the Tariff Terms, on the O2 Website and in any marketing material, including Monthly Subscription

Charges and charges for Additional Services. Charges may cover (without limitation) call and usage charges, fixed periodic charges (if applicable), all reasonable administration charges, and

any costs incurred in collecting outstanding payments from you.

Communications means calls, texts, data and other communications.

Content means textual, visual or other information, images and sounds, photos, video, graphics, music, communications, software or any other material contained, appearing on or made

available through the Services including all information supplied by third party content providers from time to time. Content may be chargeable.

Contract Allowance means the agreed allowance of Services included within your Monthly Subscription Charge, for example, airtime, texts and data that O2 shall provide to you on our

behalf for an agreed monthly or other periodic payment – a lso referred to as a “tariff”.

Credit Agreement means a 24 month or 36 month consumer credit agreement entered into between you and Virgin Media Mobile Fina nce Limited for t he purchase of a mobile device from

Virgin Mobile Telecoms Limited.

Europe Zone means the destinations listed on O2's website as being in O2’s Europe Zone which may be updated from time to time.

Freestyle Customer means a customer who has entered into our Freestyle contracts which comprise a Credit Agreement for the handset or other device and a Pay Monthly Agreement for

the airtime.

Gateway Device/SIM Box means a device(s) containing one or more SIMs for one or more mobile networks and which enable(s) communications to mobile networks, landlines or to

generate SMS texts.

General Terms means O2's general terms and conditions that apply, as set out at the beginning of this Agreement.

IP Rights means copyright, trademark and other relevant proprietary and intellectual property rights relating to Content.

Linked Agreement means another agreement with us that is linked to this agreement in a way defined as a bundle in Ofcom’s General Conditions of Entitlement effective from 17th June

2022.

Minimum Term means the minimum fixed period for the supply of your Contract Allowance and Services agreed with you when your application for the supply of the Services was accepted

by.

Mobile Phone means a cellular telephone or other device that you put a SIM Card into to receive the Services.

Monthly Subscription Charges means the fixed amount you have agreed to pay on a monthly basis (including any monthly recurring discounts you’re entitled to) for the Services (i.e. the

standard calls, texts and data in O2's Europe Zone included in your airtime tariff provided that if you’re on a da ta-only (Mobile Broadband) tariff, data can only be used in the UK).

Network means the mobile telecommunication system and wifi network provided by O2.

Non-bundle service means services provided by us or O2 under a separate agreement that is not a Linked Agreement (e.g. Priority from O2).

O2 Website means O2's website at o2.co.uk.

PAC means Porting Authorisation Code.

RPI Change means an increase or a decrease as described in clause 5.7.

RPI Rate means the "RPI Percentage change over 12 months: monthly rate" announced by the Office for National Statistics in the Februar y preceding an RPI Change.

Services means, in respect of these Part 2 Terms, any services provided to you under this Agreement on behalf of Virgin Mobile which may include any or all (as the case may be) of airtime

service enabling access to the Network (allowing you to make or receive calls and messages and to send and receive data) and any Additional Services where appropriate, which we have

agreed to provide to you under this Agreement.

SIM means the SIM card or an electronic version/simulation of subscriber identification module which contains your mobile phone number and enables you (together with a handset or

other equipment) to access our Services.

STAC means a Service Termination Authorisation Code.

Supplementary Service an extra service (excluding Add-ons) which is linked to the core Services provided by O2 on our behalf under this Agreement which you use, register or sign up for

and is described as a supplementary service in its terms and conditions (e.g., paper billing see clause 6.5).

Tariff Terms means O2's latest "Tariff Terms" covering the types of calls you can make, messages you can send and data you can use updated from time to time in accordance with clause

5. These can be viewed here: www.o2.co.uk/termsandconditions/mobile/our-latest-pay-monthly-tariff-terms.

Team means the O2 customer service team whose contact details are set out in clause 9.1.

Other Legal Stuff means the relevant additional terms and conditions which apply to our Services as published by us on our website as updated by us from time to time, or on any other

marketing or point of sale materials either we or any third party retailer may use to promote our Services.

Our Agreement

2.1 Commencement:

This Agreement starts when we accept your application to use our Services. We make the Services available to you on the terms and conditions of this Agreement and will connect you to

the Network as soon as we can so that you can access the Services.

2.2 Minimum Term:

From the date upon which you’re successfully migrated to an O2 Mobile Plan, your Minimum Term will come to an end and this Agreement will continue and O2 (on our behalf) will continue

to supply you with the Services until either you or we choose to end this Agreement in any of the ways permitted in clauses 5 and 10.

If you use a PAC or STAC code that you have requested from us to switch to a different provider, this Agreement will terminate on the date that the new provider activates the services to

which you are switching. Subject to early termination fees that may be due to us, you will only be required to pay Charges up to the point of termination.

2.3 Transfer:

This Agreement is personal to you and you may not assign or transfer your account or any of your rights and responsibilities under this Agreement without our consent. The terms of this

Agreement will also apply to anyone you transfer your SIM to. Please contact the Team first if you do want to transfer your SIM. We may assign or transfer any of our rights and

responsibilities without your permission provided that the Services you receive or the rights you have under this Agreement a re not materially reduced as a result.

2.4 Your handset: Subject to clause 2.5, this Agreement only covers the provision of the Services by O2 on our behalf. It does not cover any handsets or other devices you may

have received with your SIM or as part of a package, either directly from us or through a third party retailer. Please see clause 4.8 if you need to return your SIM.

2.5 Freestyle Customers:

If you are a Freestyle Customer and have agreed to buy a handset or other devices from us under a Credit Agreement, the terms and conditions of the Credit Agreement will take precedence

in the event of any conflict between the Credit Agreement and this Agreement. If you end this Agreement in accordance with clauses 10.1(a), (b), (c) or (d) then the Credit Agreement will

not be affected and will continue, which means you will not be required to immediately (or within 30 days) repay the credit provided under the Credit Agreement but you will need to

continue to meet your repayment obligations under that Credit Agreement.

Your Contract Allowance

3.1 Your Contract Allowance:

Details of the types of calls, text messages or Services that are included within your Contract Allowance were detailed in any joining pack you received with your SIM and are also available,

on your “Your Account” page on our website or on your account at My O2 on the O2 Website, or from the Team on request.

3.2 Changing your Contract Allowance:

The O2 Tariff Terms explain if, when, and to which available tariffs you may be able to move. The new allowance and price will apply from your next monthly bill cycle for the remainder of

the term of your Agreement, unless you change your Contract Allowance again. In the event that you choose to recontract, upgrade or downgrade with us for your mobile services, you will

enter into a contract with Telefónica UK Limited on O2 terms and conditions.

3.3 Add-ons and Add-on restrictions:

You may want to obtain access to a Service outside of your Contract Allowance by purchasing an Add-on. Add-ons can be purchased through your account page on My O2 via the O2

Website, through the Team, or through other means that we may make available from time to time. The price of any Add -ons that you purchase will be individually itemised and added to

your next monthly bill. Add-ons are non-transferable and other restrictions may apply concerning their expiry, validity or use. For example, Add-ons may have an expiry date by which they

must be used which may coincide with your next billing date or could be one day or more from the date of purchase. Add-ons may also be non-cancellable and non-refundable if you agree

to the delivery of the Add-on to you for your immediate use. All details or rules concerning Add-ons will be available to you before you purchase an Add-on either by being set out on any

material that accompanies the Add-on, on the O2 Website or available from the Team on request.

Provision of Services

4.1 Availability:

The Services are available in the UK and you ca n access certain Services in the O2 Europe Zone. The Services aren’t available in all other countries. Where Services are available in a country,

they may be restricted to certain areas of that country. Not all equipment and SIM cards will be able to receive all Services. O2 (on our behalf) may not provide Services to equipment and

SIM cards that are not able to receive the relevant Service or are not approved by O2. Some equipment facilities and Services may be available at a later date and additional charges may

apply. We will try to make our Services available to you at all times but the Network and Services are variable and aren't fault-free and qua lity and availability could be affected by a range

of different geographic, atmospheric or other conditions or factors outside of our control, such as faults in the Network or any other networks used to provide the Services to you, and

other environmental factors such as the weather, the type and the thickness or material of the walls of the building you are in, or surrounding trees. It might also depend on how many

people near you are trying to use the Services at the same time. You're entitled to the quality of service generally given by a competent mobile telecommunications service provider, using

its reasonable skill and care. We, on behalf of O2, will attempt to re-perform disrupted Services when possible. O2 may direct and manage traffic on the Network as is required to deliver

this quality of service, including in some circumstances directing traffic onto different components of the Network such as 3G, 4G, 5G and wifi. You can disable wifi in the settings on your

Mobile Phone or possibly other equipment if you do not wish to use that part of the Network. O2 may from time to time update, upgrade, repair, or carry out maintenance or other work

on the Network and/or Services which may result in technical issues, impaired quality of service, interruptions or unavailability. Where this is the case, O2 will detail any interruptions or

unavailability on the O2 Website and details will also be available from the Team. We will do all we can to keep such unavailability to a minimum, however we cannot guarantee that O2

will be able to provide Network coverage at all times. If you experience continuous or regularly recurring disruption to the Services, O2 will endeavour to fix the Services and

you may be entitled to a partial credit of your Monthly Subscription Charges to cover the period that your use of our Services was disrupted. To receive a partial credit, please report this

disruption to O2 customer services team by calling 202 free of charge from your O2 mobile. O2 will assess the disruption against your typical usage history. We or O2 may offer you

alternative products or services to address the disruption, and an alternative means of accessing the disrupted Services must not be available to you. If our Services are materially degraded

for an unreasonable period of time you may be able to leave your Agreement with us.

4.2 Use of the Services:

The Services will be available to you provided you:

(a)

comply with your obligations as set out in this Agreement;

(b)

are in range of the base stations forming the Network (or that of our partners when roaming) when you try to use the Services;

(c)

do not use the Services for anything illegal, immoral or improper, in connection with a criminal offence, in breach of any law or statutory duty;

(d)

do not use the Service for a purpose in any way related to an arrangement which we or O2 suspect is designed to Artificially Inflate Traffic to a number or numbers. We or O2

reserve the right to bar access to numbers on a temporary or permanent basis which we reasonably suspect are being used for such purposes;

(e)

do not use the Services for calling “cash back” or “cash for calling” numbers, i.e. where you are paid, in monetary or other terms, by the provider for calling that number. We or O2

reserve the right to bar access to numbers on a temporary or permanent basis which we reasonably suspect are being used for such purposes or to (amongst other things) prevent

fraud, nuisance, abuse or unusual use of the Service or in circumstances if we or third parties are suffering or would suffer a direct loss and in particular if we believe you have no

intention to make payment for the Service;

(f)

pay your bill on time;

(g)

only use the Services with the equipment and SIM we or O2 have approved for use on the Network;

(h)

give us and O2 valid factually correct and up-to-date information we or O2 reasonably ask for and do not give false information;

(i )

follow all reasonable instructions we and/or O2 give you and any reasonable guidelines we make available to you including any User Guides and cooperate with us in our reasonable

security checks;

(j )

do not make a call or send a message or take pictures or video or send, upload, download, use or re-use any material or use the Services for making abusive, offensive, defamatory,

indecent or nuisance calls or a hoax, for sending spam or unsolicited emails or text messages, for making or receiving reverse charge calls, or for infringing another person’s rights

including copyright or other intellectual property rights or to cause annoyance, inconvenience or needless anxiety, as set out in the Communications Act 2003;

(k )

use our Service in accordance with the O2 Fair Use Policy;

(l )

do not use our Services in any way that is not in keeping with that reasonably expected of a private individual and do not use the Services for commercial or business purposes. If

you are a parent or guardian, you are responsible for the use of the Service by a child or young person in your care;

(m)

agree that we and/or O2 sometimes may need to send information to you such as: (i) security information to your SIM by text message (like checking you are who you say you are

when you sign up online for one of our or a third party's services) or (ii) information to allow access to some security features directly from your Mobile Phone (like changing the

Personal Identification Number (PIN) to access your voicemail remotely); or (iii) information to notify you of end of contract costs or allow you to make tariff changes, and you need

to make sure that nobody else can use your SIM to access this kind of security information; and

(n)

must not establish, install or use a Gateway Device or SIM Box without O2's prior written consent (including devices tethered via cable, Bluetooth or wifi, to a computer or the

internet, when used for making large volumes of calls, using large volumes of data or sending large volumes of texts). O2 can withhold its consent for this activity at its absolute

discretion.

4.3 Your SIM:

Any SIM we provide to you remains our property and must be returned to us if we ask for it back, unless provided to you by O2 in which case it will remain O2’s property and must be

returned to O2 if O2 asks for it back. You must keep your SIM safe and can only use it to access our Services. If your SIM is lost, stolen or damaged call the O2 Team immediately for another

SIM. If the SIM is lost, stolen, damaged or destroyed you'll be responsible for any Charges incurred (except for in certain circumstances) until you've contacted O2 to tell them what's

happened. You're liable for all Charges incurred under this Agreement whether by you or anyone else using your SIM (with or without your knowledge). You must pay the Charges to O2 or

anyone else we ask you to pay on our behalf. This Agreement will continue until it's ended by you or us in line with clause 10.

4.4 No reselling:

You may not sell or otherwise make our Services available to others or commercially exploit our Services or any Content in any way.

4.5 Phone numbers:

We grant you the use of a phone number. The number does not belong to you and may be transferred to another service provider in exceptional circumstances, including where the

government or telecommunications regulator Ofcom may order the reallocation or change of mobile phone numbers or O2 may reasonably believe that a change to your phone number

will make your use of the Service better, in which case O2 may have to change the phone number we make available to you. O2 will give you reasonable notice before making this type of

change. You can ask O2 to include your Mobile Phone number in a telephone directory and/or a directory enquiry service. But you should know that if you request this service your number

will be visible to companies that compile information for marketing purposes. If you're worried about this, you can stop most unsolicited marketing calls by registering your Mobile Phone

number with the Telephone Preference Service at tpsonline.org.uk. If you want your Mobile Phone number to be included in a directory and/or a directory enquiry service, please tell O2

customer services team. Additionally, you have the right to switch providers and to port your phone number by requesting a PAC code under the "Auto-switch" process. The details regarding

your right to switch providers and to port your mobile number are available on our website at How to keep my number | Switching information | Virgin Media Help and from our customer

services team.

4.6 Content:

The Service enables access to Content which may be chargeable. You may use Content only in a way that doesn't infringe the IP Rights of others (we call this "Approved Use"). You must

not copy, store, modify, transmit, distribute, broadcast, or publish any part of any Content other than for an Approved Use. We (or O2 on our behalf) may vary Content, access to Conte nt

or the technical specification of the Service in a way that might affect the Content from time to time (see clause 5.9 for rights you may have if variations are likely to materially disadvantage

you). We (or O2 on our behalf) will use reasonable endeavours to maintain any Content that is provided by us (or O2 on our behalf) or our appointed third party Content suppliers. However,

as Content is obtained from a large range of sources, it is provided on an ‘as is’ basis and we do not represent to you that any Content is of satisfactory quality, accurate, error free, secure,

fit for a particular purpose, complete or suitable. For restrictions, rights and obligations around Content provided by third parties please see Clause 7.3.

4.7 Roaming:

The Services may be available to you in countries outside of the UK if we or the relevant partner who provides the Network have roaming arrangements in place. The Charges for roaming

are explained in O2's Tariff Terms. Overseas network operators may bill sometime after you use the Services – this can be as long as three months later. Please be aware that, other than

in O2's Europe Zone, when you use your phone abroad incoming calls also incur a charge, including the cost of receiving voicemail messages. It's best to check the cost of using your phone

abroad (excluding O2's Europe Zone) before you travel. Details are available here www.o2.co.uk/international.

Inadvertent Roaming:

Accidental roaming might occur if you are in an area close to national borders because your handset picks up a network across the border. You may be charged at roaming rates for that

usage as though you were roaming on an international network, unless the other non-EU country is the UK. To prevent that occurring, you should take care to note the network to which

your handset is connected when in those areas, before using the handset and by setting your handset to do a manual network selection and select the 'O2' Network. Alternatively, you may

contact O2 to disable roaming.

4.8 Returns:

If you have obtained your SIM directly from us, for example, through our website www.virginmedia.com, through a Virgin Mobile or Virgin Media Store or by speaking to our customer

services team then you will be entitled to benefit from any customer satisfaction guarantee and equipment warranty that we pr ovide. Full details of such customer satisfaction guarantee

and warranty are available on our website virginmedia.com/returns and are also available from our customer services team on request. You also have the right to cancel your contract

within 14 days from the date your contract started or you received your device without giving any reason. We will refund you within 14 days for all payments received less any airtime or

data you’ve bought or used. If you have obtained your SIM from another source, for example a high s treet retailer who may offer services from a variety of networks, any customer

satisfaction guarantee and warranty that we provide will not be available to you. You should check directly with the retailer where you obtained your SIM what their policy is should you

wish to return the SIM or if it develops a fault. If you do return your SIM for any reason, then you will still be charged for any calls or use of the Services at the rates set out in O2's Tariff

Terms and on the O2 Website.

4.9 Additional services:

We (or O2 on our behalf) may offer you new services that may be of interest or benefit to you. Charges for any additional services will be specified in O2's Tariff Terms and any special terms

and conditions for such additional services will be specified on the O2 Website. We may require you to submit to additional credit checks or we may need to verify your billing history before

we provision you for access to some additional services.

4.10 Other Legal Stuff:

As well as these terms and conditions, the Services have Virgin Media Other Legal Stuff which applies to the Services and their use, as published by us on our website and/or O2 General

Terms published by O2 on the O2 Website. These may be updated from time to time so please check www.virginmedia.com and the O2 Website regularly and read through it carefully.

Changes to this Agreement, the Charges or our Services

5.1 General changes:

Subject to the remainder of this clause 5, we may change this Agreement at any time including for Network security reasons, legal or regulatory reasons, or if we wish to have all of our

customers on the same terms and conditions for Services. We (or O2 on our behalf) may also need to change or withdraw all or part of your Contract Allowance included within your

Monthly Subscription Charge, all or part of our Services if they are uneconomical, technically impractical, not fulfilling their purpose for you or us, or as a result of changes in technology or

changes made by the Network supplier. We (or O2 on our behalf) may also change the Charges or introduce new Charges at any time. Subject to the remainder of this clause 5, we (or O2

on our behalf) can add to, change, substitute, or discontinue any Additional Services provided by O2 at any time. Neither we nor O2 guarantee any particular Additional Services will continue

to be available.

5.2 Details of any changes:

Any changes we or O2 make will be notified to you in accordance with clause 5.6 and the latest version of our terms and conditions applicable to you will be available on our website at

www.virginmedia.com/legal or will be available from the Team on request. Changes to the Charges will also be reflected in O2's Tariff Terms. Please check our website and O2's Website

regularly for any changes.

5.3 Significant changes:

Subject to the exceptions in clauses 5.4, 5.7, 5.8, 5.9 and 5.10, if we or O2:

(a)

make any changes to the terms of your Agreement which are not exclusively to your benefit;

(b)

increase the Charges for any Services you are using (excluding the agreed annual price adjustment for your monthly Contract Allowance pursuant to clause 5.7); or

(c)

make any changes to the contracted Services (other than those permitted under the terms of this Agreement) which are not exclusively to your benefit,

we or O2 will give you at least 30 days' notice of such a change and inform you of your right to cancel this Agreement by giving O2 notice in accordance with the instructions set out in the

notification. You need to give O2 your cancellation notice within 30 days of us notifying you. If you cancel this Agreement u nder this clause 5.3, your contract will terminate on the earlier

of (i) 30 days after your notice is deemed delivered in accordance with clause 12.8; (ii) as soon as the provider you switch to activates its services, when you use a PAC or STAC code; or (iii)

the date on which the change comes into effect, or, where this is not feasible due to the timing of your notice, as soon as reasonably possible after that date.

5.4 Add-Ons, Supplementary Services and Non-bundle Services

Other than where the exceptions in clauses 5.8, 5.9.1 and 5.10 apply, where a change described in clause 5.3 relates:

(a)

only to an Add-On that you have already signed up to, you may cancel such Add On (without affecting the rest of this Agreement) by giving O2 notice in accordance with the terms of

that service and you will not have to pay an early termination fee for that Add-On;

(b)

only to a Supplementary Service that you have not already signed up to, you will not automatically have the right to cancel t his Agreement but can do so if you wish under clause

10.1(a) without paying an early termination fee; or

(c)

only to a Supplementary Service that you have already signed up to, and the changes are not exclusively to your benefit, we will notify you of this and inform you of your right to

cancel the affected Supplementary Service and this Agreement without paying an early termination fee by giving us notice in accordance with the instructions set out in our notification.

For the avoidance of doubt, this Agreement does not apply to Non-bundle Services. Any changes to Non-bundle Services will be governed by the terms of those services, and any changes

to those services will not be covered by the rights to cancel this Agreement in clauses 5.3 and 5.4. If you wish to end an agreement for any Non-bundle Service, please refer to the terms

for those services.

5.5 Acceptance of changes:

Any continued use of our Services after the date of the change will be deemed to be acceptance by you of the relevant change unless you give us notice of cancellation in accordance with

clause 5.3.

5.6 Communicating with you:

Our communications with you for the Charges, Services or this Agreement will usually come from O2. If we or O2 need to notify you of a change to the Charges, Services or this Agreement

in accordance with clause 5 and such change provides you with a right to cancel this Agreement, then we will give you at least 30 days' notice of this change via electronic message, email,

SMS or by post in accordance with clause 12.8. We (and O2) will use the most recent contact details that you have given us (if any).

Where we or O2 make changes where no such right to cancel arises, we or O2 will update our website or the O2 Website where appr opriate and, where we consider it appropriate, we or

O2 may notify you directly via electronic message, email, SMS, post, My Virgin Media or via bill communication (or where applicable via My O2 or the O2 Website).

5.7 Agreed annual price adjustment:

• Your Monthly Subscription Charges will be subject to an annual change: your Monthly Subscription Charges will increase by the RPI Rate plus an additional 3.9% which is applied

at the same time and will first appear on the April bill following the announcement of the RPI Rate in the preceding February . If the RPI Rate is negative, O2 will only apply the

3.9%. O2 will publish on the O2 Website the relevant RPI Rate as soon as it becomes available. We (nor O2) may not notify you of this price increase and it is your responsibility

to check the O2 Website at the relevant time.

5.8 Other changes

We or O2 may make any changes to the Charges, Services or this Agreement that are exclusively to your benefit or for the following reasons:

(a)

the change is due to a change in law (including a change required by government or a competent regulatory body) that applies to us or O2 and/or the Services we provide. This includes

any increase in the rate of VAT, the imposition of new tax or the extension of an existing tax that has not previously applie d;

(b)

is purely administrative and has no negative effect on you; or

(c)

we or O2 have a legal or regulatory obligation to pass on cost increases (e.g. where the service charge for calling 084, 087, 09 and 118 numbers increases).

We or O2 will inform you of any changes made for the reasons set out in this clause 5.8 in accordance with clause 5.6(2).

5.9

5.9.1 1

Subject to clause 5.9.2, we or O2 may also make changes to Charges or Services in the ways described below:

(a)

changes to Charges that are based on the cost of providing the Service to you or carrying out the relevant task, and only to the extent that any change is directly attributable to the

cost element and is not made more frequently than once in any month. e.g. cost based elements such as paper bills, late payment fees, and early termination fees;

(b)

changes to Services which are variable and permitted under the terms for that Service. Examples of such permitted variability include but are not limited to Network and Services (see

clause 4.1), Content (see clause 4.6) and billing (see clause 6.5);

(c)

changes to international rates that are directly linked to increases in wholesale rates notified to us or O2 by other providers. Any changes to charges under this sub-paragraph (c) will

be notified to customers and will not be made more frequently than once per month;

(d)

changes to roaming services and charges that are directly linked to increases in wholesale rates or technological or service changes notified to us or O2 by other providers. Any changes

to services or charges under this sub-paragraph (d) will be notified to customers and any changes to charges will not be made more frequently than once per month.

5.9.2

We or O2 will notify you of a change under clause 5.9.1 in accordance with clause 5.6. If we or O2 believe that such a change is likely to materially disadvantage you, we or O2 will notify

you of your right to cancel this Agreement and you may cancel this Agreement in accordance with clause 5.3 above.

5.10

If we enable you to use a service that is supplied by a third party and is subject to their terms and conditions, we are not responsible for any changes made by that third party to the third

party's services, charges or terms and conditions or for notifying you of those changes as such changes are outside our control and we may not be aware of them.

5.11

If you have a Linked Agreement with us and you are notified by us of a right to cancel that Linked Agreement because of a change that we have made to that agreement, you may be able

to also cancel this Agreement. We will notify you if this is the case.

Charges, Payment and Related Terms

6.1 Pay by Direct Debit:

Unless we or O2 tell you otherwise, you must pay your bill by direct debit from a suitable bank account that allows payment by direct debit and must maintain an active direct debit. An

additional Charge may apply if you don't pay by direct debit. O2 will set out the amount of any such charge on the O2 Website. If you are paying by credit or debit card you authorise the

payment card company to give O2 and, on a strictly confidential basis, to O2's sub-contractors and/or agents, details about your payment card account if it's necessary in connection with

the Agreement. You also authorise them to let O2 know if your payment account is terminated or suspended at any time.

6.2 Usage limits:

We can't set usage limits on your account unless the capability is made available by O2 to you, and you choose a limit. O2 will try to monitor usage of the Service through your account to

control our credit risk and your exposure to fraudulent usage or unintended Charges caused by your usage, but neither we or O2 can guarantee this and neither we or O2 are responsible

or liable for any such fraudulent usage. If O2 see usage on your account that causes us concern, O2 might restrict use of the Service on your SIM and/or bar your SIM. You'll need to contact

O2 before you can use any of the chargeable aspects of the Service again. You may also have to make an interim payment before the Service can be restored. If we or O2 see an unusual

pattern of payments or behaviour on your account that causes concern and/or in order to comply with anti-money laundering obligations, we or O2 might restrict use of the Service on

your SIM and/or your ability to make payments. You'll need to contact O2 before you can continue to use the Services or make payments as normal.

6.3 Charges and use of our Services outside your Contract Allowance:

We (or O2 on our behalf) will apply Charges (being the Charges for our Services that you use) to your account. You will be responsible for paying all Charges on your account whether or not

they have been incurred by you personally. Detailed charging information can be found on the O2 Website and in the O2 Tariff Terms. All use of our Services that is in excess of or not

included within your Contract Allowance will be charged for separately at the applicable rates specified for customers in O2's Tariff Terms. The most up to date version of the Tariff Terms

will be on O2's Website. We (or O2) may amend the Charges as set out in clause 5 of this Agreement. You may be charged to receive certain premium-rated calls, text messaging services,

multimedia messaging services and Content, including where you authorise adding Additional Services to your bill. Information is available at www.o2.co.uk/premiumnumberpricing. Please

check these before using premium-rate services. Most premium-rate services are operated by third parties. For third-party premium SMS and subscription services, please check the

promotiona l material for advertised rates before you use these services. As set out in clause 7.3, we are not responsible for notifying you of changes made by s uch other organisations to

the third party services, charges, or their terms.

6.4 No refund:

If you end this Agreement and have a credit on your final bill, please go to www.o2.co.uk/finalbillrefund to arrange to have this refunded to you.

6.5 Bills:

O2 will usually send you a bill every month advising you of the total amount of Charges you owe. Unless O2 say otherwise, Charges which are normally monthly but are being measured for

periods of less than a month will be calculated on a pro rata basis. Subject to clause 5.9, O2 may change the billing period at any time but will notify you in advance if they do this. The prices

shown on the Tariff Terms and marketing materials require you to use eBilling. Paper bills are a supplementary service and there is an additional Charge to have your bills in paper format.

There are minimum call Charges; see O2 Tariff Terms and the O2 Website for details of these and other Charges. Further detail about how O2 measure and charge is set out in the O2 Tariff

Terms which shall take precedence in the event of inconsistency with this clause. Each call is charged excluding VAT to 3 decimal places. All calls for that month are aggregated and then

rounded using normal rounding rules (if the last digit is a 4 or lower O2 will round down, otherwise O2 will round up). If applica ble, VAT (at the prevailing rate) is then added to the total of

all Charges on your bill, with the VAT part of the charge being rounded down to the nearest penny.

6.6 Getting it to you:

Detailed charging information can be found on the O2 Website and in the O2 Tariff Terms. If you request a paper bill, your paper bill is a Supplementary Service and you agree that there is

an additional charge each month for this. We may appoint a third party (including O2) to provide you with your bill on our behalf. Bills issued by such third party will be binding on you and

payment of such invoices in full to the third party will be a valid discharge of your liability to pay such bill under this Agreement. From time to time, O2 may need to migrate your account

from one billing platform to another. If you are migrated, your billing date and the way that you are billed may change. If any migration will materially affect your Service or billing, O2 will

give you notice and, where O2 believes such a change is likely to cause material detriment to you, O2 will notify you of this and you may have a right to cancel the Agreement in accordance

with clause 5.9.

6.7 Payment in full:

You must pay your Charges on your monthly bill to O2 in full by the date stated on your bill. If the Charges are not paid in full and on time, we or O2 can stop you using some or all of our

Services and may cancel this Agreement. If you think there is mistake in your bill, please tell the O2 Team as soon as possible so that they can check this.

6.8 Late payment:

If you do not pay a bill by the due date, O2 can charge you interest on what you owe at 2% per annum above the base rate of HSBC Bank Plc. That interest will be calculated from the due

date until you pay and on a daily basis. O2 may also charge you a late payment fee for any reasonable administration or collection costs which O2 incurs if you do not pay your bill on time

and in full.

6.9 Deposits:

We (or O2) may require you to make a deposit to be used as security for the Charges before we (or O2 on our behalf) give you access to the Service or before we (or O2 on our behalf)

continue to provide the Service to you. We do not pay you interest on deposits. A deposit is likely to be required if you hav e less than 4 months credit history with us and you wish to

activate roaming on your account, for the reason set out in clause 11.7, or if you do not pay any of your bills in full and on time. We or O2 may use the deposit to pay any Charges that you

owe us or O2 that you have not paid. If you do not owe us or O2 any money, we will repay the deposit to you:

(a) if this Agreement is cancelled in accordance with clause 10.1;

(b) or if you return your SIM under the terms of any customer returns policy that applies to your sale; or

(c) if you ask, after three months of continuous on-time bill payments. If you don't ask for the deposit back, it will be added as a credit to your account.

Liability

7.1

Exclusions:

In terms of this Agreement, we exclude all liability to you in any way for:

(a)

any losses where we are not at fault or which haven’t resulted naturally from our breach;

(b)

any loss of income, business or profits, costs, expenses, or any other form of financial loss;

(c)

any corruption or loss of data in connection with the use of the Services; or

(d)

any losses or damages which were not reasonably foreseeable when we entered into this Agreement.

7.2

Limited liability:

We are only liable to you as set out in this Agreement and have no liability other than the duty to exercise the reasonable skill and care of a competent mobile telecommunications service

provider and retailer. We will pay for any damage or losses if we are liable to you for something we or anyone working for us does or does not do. However, our obligation to pay damages

or losses is limited to £3,000 for one incident or £6,000 in total for any number of incidents within any 12 month period.

Nothing in this Agreement removes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentations we make. Nothing in this Agreement

will exclude or restrict the liability of either you or us for any liability that can't be excluded or restricted by law.

7.3

Third parties:

You may be able to use our Services to upload or transmit email or Content over the internet or to access third party websites, Content and other material which is branded or provided by

third parties, and to acquire goods or services from third parties. We and our Network supplier merely act as a “pipe” transmitting this Content to or from you and do not have any control

or exercise any control over this Content, the third parties, or any goods or services they may provide. We and O2 therefore have no responsibility or liability to you for these third party

sites, their Content, or for any goods or services you may obtain from them. You are responsible for any Content that you upload or transmit. We nor O2 are responsible for notifying you

of changes made by such third parties to the third party sites, Content, goods or services, or to their terms as such changes are outside our control and we may not be aware of them.

7.4

Timelines:

You must tell us about any claims you want to make against us as soon as reasonably possible. This will allow us to look into your claim and any relevant account records we have on our

systems before we delete the records in accordance with our legal obligations.

7.5

Things beyond our control:

We will not be liable to you if we are unable to provide you with the Services or perform any of our obligations under this Agreement because of something beyond our control. Such factors

may include, but will not be limited to, acts of God, industrial action, war, terrorist act, governmental action, any act or decision made by court of competent jurisdiction, or delay, default

or failure by a third party supplier or network operator.

7.6

Continuation:

This section 7 will apply even after this Agreement has ended. If you are a consumer, the terms of this Agreement will not affect any rights you have under any statute which cannot be

excluded by the terms of this Agreement. For more information on the rights you have under statute contact your Local Authority Trading Standards Department or Citizens Advice Bureau.

Suspending or Disconnecting Access to our Services

8.1

Suspension for Network problems:

We or O2 may temporarily suspend your use of the Services (or any part of it) or disconnect any SIM from the Network without warning if the Network needs urgent maintenance or

upgrading or for reasons of security. We and O2 will try to make sure this does not happen often.

8.2

Suspension or termination for other reasons:

We or O2 may also suspend or terminate your use of the Services (or any part of it) and disconnect your SIM from the Network without giving you notice if you, or anyone who uses your

SIM:

(a)

does not keep to the conditions of this Agreement, including the provisions of clause 4.2, any terms and conditions relating to Additional Services or any promotional or special offers;

(b)

damages the Network or puts it at risk;

(c)

continually harasses, abuses or threatens, repeatedly cause a nuisance or annoyance or otherwise act illegally towards our staff or property, or that of our agents;

(d)

notifies us or O2 that your SIM has been lost or stolen. We may also tell other network operators who may choose to prevent it from being used on their networks too;

(e)

exceeds any credit limit we may have set for you or does not pay a bill when it is due;

(f)

is required to be suspended following an order, instruction or request from any governmental body, any emergency service appropriate authority to request such suspension;

(g)

has provided us with information that we reasonably believe is false or misleading;

(h)

if you do anything (or permit anyone else to do anything) which we reasonably think adversely impacts the Service to our other customers or may adversely affect the Network or our

reputation;

(i )

suspends or cancels any direct debit for your account or otherwise a llows it to become inactive;

(j )

engages in fraudulent activity on your account or we or O2 reasonably believe you have done s o; or

(k )

contravenes O2's Fair Use Policy. Suspension may result in us cancelling this Agreement. If we cancel this Agreement, you may lose your phone number and any Add-on on your

account (see clause 10.4).

8.3

Reconnection Charges:

We or O2 may charge you an unbarring charge and, if relevant, a fee to reconnect you to our Services except where the reconnection is required as a result of Network problems as set out

in clause 8.1. Details of any fee are set out in the O2 Tariff Terms As a condition of unbarring or reconnecting your Service, O2 may require that you set up a direct debit authority for the

payment of any future Charges. If we or O2 bar your Service because you break this Agreement, the Agreement will still continue. You must pay all Charges until the Agreement is correctly

ended under clause 10.

8.4

Unlocking your handset:

Our handsets are sold to you unlocked. If for any reason you need help unlocking a handset, please contact the Team on 0345 6000 789* (789 from your Virgin Mobile Handset)

Queries, Disputes and Contact Details for your Services

9.1

If you have a pre-existing, recorded complaint or query about our Services that is being looked into by us, you can contact us at any time by calling the Virgin Media team on 0345 6000

789* (789 from your Virgin Mobile handset) in the UK, by writing to us at The Team, Virgin Media, Sunderland, SR43 4AA.

If you have a new complaint or query about our Services, you can contact at any time by emailing O2 through the O2 website fr om the “Contact Us” page or contact O2 customer services

(details are on your bill or on the "Contact Us" section of the O2 Website). We will try to resolve your query or dispute as quickly as possible.

These terms only relate to your airtime contract. Any complaints about devices, handsets or device insurance will still be handled in the same way in accordance with their respective terms

and conditions, and will not change.

For help and support with your O2 Pay Monthly account, please head here (o2.co.uk/contactus) or ring 202 for free from your O2 mobile, 0344 809 0202 from any home phone (standard

UK rates) or +44 7860 980 202 if you're abroad (free from an O2 Pay Monthly mobile, other providers' charges might vary).

9.2

Still not happy?:

If we or O2 don't resolve your complaint you can contact the Ombudsman Services: Communications (save in respect of any disputes progressed prior to the date upon which you’re

successfully migrated to an O2 Mobile Plan, in which case the Communications and Internet Services Adjudication Scheme (CISAS ) will be dealing with such dispute). You can find their

details at http://www.ombudsman-services.org/communications. They offer a free, independent service, but will only deal with your complaint if it's still unresolved after 8 weeks or there

is a deadlock situation. The European Online Dispute Resolution site ec.europa.eu/consumers/odr/ allows consumers to submit disputes relating to online purchases with us. You can check

the O2 Website for a copy of its Code of Practice on complaints and for O2's latest information on alternative dispute resolutions. We and O2 are here to help. If something goes wrong, we

and O2 want to put it right. You can find out more about O2's complaints process in its Customer Complaints Code which can be found at https://www.o2.co.uk/how-to-complain. We or

O2 may replace this with another dispute resolution service at our discretion.

10.

When our Agreement ends

10 .1

Your right to cancel:

Subject to clause 5 and 10.4, you may cancel this Agreement:

(a)

at any time for any reason by giving not less than 30 days’ notice by calling the O2 customer services team;

(b)

by giving not less than 30 days’ notice if we break this Agreement in any material way and do not put it right within 7 days of you asking us to;

(c)

if all of the Services are permanently no longer available to you;

(d)

if you do not accept any change that provides you with a right to cancel which we or O2 notify you about and you notify us or O2 in accordance with clause 5.3 that you do not accept

such change; or

(e)

at any time by termina ting your services using a STAC code or moving your number to another provider using a PAC code.

10 .2

Our right to cancel:

We may cancel this Agreement immediately in the following circumstances:

(a)

if we or O2 have the right to suspend your access to the Services for any of the reasons set out in clause 8.2 and we or O2 believe that the grounds are serious and have not been, or

are unlikely to be, rectified;

(b)

if you break this Agreement in any material way and do not put it right within 7 days of us or O2 asking you to;

(c)

if you do not pay the Charges in full or on time as set out in clause 6.7 or you become bankrupt or make any arrangement with your creditors;

(d)

if the Network owner no longer makes the Network available to us;

(e)

if our authority to operate as a public communications provider is suspended for any reason;

(f)

if in our reasonable opinion it is necessary to do so for security, technical or operational reasons;

(g)

we or O2 reasonably believe that the Service is being used in a way forbidden by clause 4.2, even if you don't know that the Service is being used in such a way;

(h)

we or O2 reasonably believe that you are infringing or have infringed our IP Rights or the IP Rights of a third party; or

(i )

you refuse to return or unreasonably delay in returning any payment, refund or credit that has been made to you in error or for the incorrect amount.

10 .3

Cancellation notice:

We reserve the right to cancel your right to use our Services at our sole discretion by giving not less than 30 days’ notice.

10 .4

Effect of cancellation:

If this Agreement is cancelled you will need to pay O2 on cancellation all unpaid Charges on your account, including the Charges for the notice period. If this Agreement is cancelled for any

reason:

(a)

your SIM will be disconnected from the Network;

(b)

you will not be able to use our Services at all;

(c)

you will lose your phone number (unless you move to another network via the Auto-switch process by using a PAC code) and must return your SIM to us (if provided by us); and

(d)

you will lose any unused Add-on credit on your account, except in the circumstances set out in clause 5.4 and where you switch providers using a PAC or STAC code in accordance with

clause 10.1(e).

If you request a PAC or STAC code via the "Auto-switch" process because you are switching provider, or thinking of doing so, and your request relates to fewer than 25 mobile numbers,

we or O2 will provide you with information about the process, including any Charges payable, compensation rights and the impact on any other services we (or O2 on our behalf)

provide to you. You can find out more information about the Auto-switch process in respect of the Services and services provided under Linked Agreements, and your rights in relation

to switching, at How to keep my number | Switching information | Virgin Media Help.

11.

Your details and how we look after them

11 .1

Credit checks:

We, O2 or the retailer you purchase your SIM from may carry out credit checks where necessary to help us, O2 or the retailer confirm your identity and decide whether to accept your

application. The credit check will include looking at our own and the retailers information (if you apply through a retailer that is not Virgin Mobile), the details you have given us, and

registering and checking your information with credit reference agencies and fraud prevention agencies who will also check the details of anyone you are financially associated with – for

example, people you may have a joint bank account with. You agree that we, O2 or the retailer may conduct these checks and also register information about you and the conduct of your

account with any credit reference agency who will also record our search on their records. For the same reasons we or O2 may also perform subsequent credit checks whilst you retain a

financial obligation with us or O2. For the purpose of fraud prevention, prevention of money laundering, debt collection, credit management and emergency services purposes, information

about you and the conduct of your account may be disclosed to credit reference agencies, debt collection agencies, fraud prevention agencies, security agencies, financial institutions, law

enforcement agencies, emergency services organisations or other phone companies for example, when: checking details on applications 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. If

you want details of the credit reference or the fraud prevention agencies from whom O2 get, and with whom O2 record, information about you or you want to receive a copy of the

information O2 hold about you (O2 will charge a fee), please write to the Data Controller at Telefónica UK Limited, 260 Bath Road, Slough, SL1 4DX or go to the 'Contact Us' section of the

O2 Website. You'll need to tell O2 your full name, address, account number and Mobile Phone number. You have a legal right to these details.

11 .2

Our credit assessment:

If our assessment of you does not meet our normal requirements, then we may require you to make a deposit with us or we may r efuse to provide you with Services.

11 .3

Recording:

We may record or monitor any conversations about your account or our Services to assist us to improve the quality of service we provide to you.

12.

General

12 .1

Change of details:

You must give us and O2 your current email address and postal address for the purposes of billing and receiving notices and other communications from us and/or O2. You cannot provide

addresses for businesses or organisations. You must call the Team straight away about any change in your address, email address, any direct debit for your account, or any other change to

details you have supplied to us. You're responsible for making sure your email address works and you'll be responsible for all consequences for errors in sending and receiving email

(including our emails being directed to your "junk mail") unless we or O2 are negligent. If you want to update the email address, we have for you, please do this online at MyO2.

12 .2

Age Restricted Services:

You're solely responsible for assessing the accuracy and completeness of Content and the value, age-appropriateness and integrity of goods and services offered by third parties over the

Service including if you pay for that Content, or those goods or services using the Service(s). Unless otherwise specified, we nor O2 will be responsible for any transaction for third party

goods and services, unless we or O2 are negligent.

12 .3

Severability:

If a clause or condition of this Agreement is not legally effective, the remainder of this Agreement shall be effective. We can replace any clause or condition that is not legally effective with

a clause or condition of similar meaning that is lawful and effective.

12 .4

Enforcement:

Failure by either you or us to enforce any rights under this Agreement shall not prevent either you or us from taking further action.

12 .5

No third party rights:

This Agreement does not confer any benefit on any third party under the Contracts (Rights of Third Parties) Act 1999.

12 .6

Inconsistency or conflict:

Where there is any inconsistency or conflict between the online terms and conditions and any print versions of the same terms and conditions, the online terms and conditions shall prevail.

In the event of any inconsistency between the terms of this Agreement and the aforementioned O2 General Terms, these terms and conditions shall prevail (including, but not limited to,

your contract being with Virgin Mobile Telecoms Limited).

12 .7

Law:

This Agreement is to be interpreted in accordance with the laws of England and each of us agrees to only bring legal actions about this Agreement in a UK court. This Agreement is 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 four parts of the United Kingdom (England, Wales, Scotland or Northern Ireland) which

part’s courts will have exclusive jurisdiction.

* Please note standard charges apply, please check with your network operator for rates.

12 .8

Notices:

Any notices of change we or O2 give to you will be provided in accordance with clause 5.6. Other than where we (or O2) inform you via our respective websites or via bill communication

(e.g. clause 5.6.2), any other notices we (or O2) give to you must be in writing and be delivered by hand, post or sent to you electronically (e.g. by electronic message, email, SMS or via My

Virgin Media or MyO2 (as applicable)). It is your responsibility to ensure that the contact details you supply to us are kept accurate and up to date.

Any notices that you give to us or O2 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 or the O2 Website

or in the event that you are notified of a right to cancel this Agreement in accordance with the instructions set out in our notification of your right to cancel.

Where we or O2 send you a notification, or vice versa, the 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 post, or from the date of successful transmission if it is sent electronically.

At any time, you may give notice by requesting a PA C or STAC code from us or O2 in accordance with the process outlined How to keep my number | Switching information | Virgin Media

Help. When you use the PAC or STAC code this Agreement will terminate on the date that the new provider activates the services to which you are switching.