TERMS AND CONDITIONS
The following terms and conditions are for:
(1) Freesat from Sky;
(2) Sky’s pay TV service, Sky digital.
As you have chosen to take up freesat from Sky and not to subscribe to Sky digital, the Sky digital terms and conditions are not relevant to you at this time. However, we’ve included them so that if you decide to subscribe to Sky digital in the future, you will have the full terms and conditions available for you to read so you’ll be able to upgrade with just one phone call to Sky. By using either freesat from Sky or Sky digital you agree to the uses of your information set outbelow.
FREESAT FROM SKY - TERMS AND CONDITIONS
These terms and conditions apply to freesat from Sky. We are Sky Subscribers Services Limited (“SSSL”) and are responsible for supplying your Viewing Card. We also act as agent for Sky In-Home Service Limited (“SHS”) in relation to the supply and installation of Digital Satellite Systems under these Conditions. Unless otherwise made clear, references to “we” or “us” in these Conditions are references to SSSL. You can contact SSSL at PO Box 43, Livingston, West Lothian EH54 7DD.
IMPORTANT TERMS
See also the further terms and conditions set out on the following page.
Am I eligible for Freesat from Sky?
To enter into this agreement you must be 18 years of age or over. The products provided under this agreement are only for use in your home, which must be in the UK, the Isle of Man or the Channel Islands. If you move home, you must inform us of your new Address.
What will I receive?
If you have paid £146.81 you will receive a Digital Satellite System, one Viewing Card and professional standard installation. Extra costs may apply if your installation is not standard (see Section A below for more details). If you have paid £20 you will just receive one Viewing Card. You will need to obtain your digital satellite system separately.
Your viewing card
You may only use your Viewing Card for private viewing purposes at your Address in the UK, the Isle of Man or the Channel Islands. For security reasons your Viewing Card may be replaced from time to time after it has first been enabled to receive Free to View Channels (normally when it is first used in the Box). If we replace Viewing Cards within 5 years (if you have paid £146.81) or 3 years (if you have paid £20) of your card’s first enablement, then a replacement Viewing Card will be provided to you free of charge, provided that you have complied with these Conditions. If we replace Viewing Cards after that period, you will need to purchase a new one by paying our then applicable charge (which shall not be more than £20).
Which channels and services will I be able to receive?
You will be able to receive any of the Free to View Channels (including interactive services). As the Free to View Channels are supplied by third party broadcasters their availability, and the content of such channels, is outside our control.
To receive Sky digital channels or services via your Digital Satellite System you must enter into a Sky digital subscription contract. The terms and conditions which apply to Sky digital are set out in the contract below. Once you have read these, call Sky on 08442 410 971 for information about packages and to upgrade.
All prices stated are inclusive of VAT (where applicable) and are correct at time of print (September 2008).
Do I have to connect my Box to a phone line?
No. However, as part of a standard installation we will try to connect your Box to a working telephone line to enable you to make full use of the interactive services available on the digital satellite platform. We will do this unless you ask us not to, or an appropriate socket is not available, or the Box cannot be connected for another reason. In connecting the Box to the socket we will use the nearest available socket and any cabling will be clipped to the relevant skirting.
What can you do with information you hold about me?
By entering into this agreement you agree that we may use and share the personal details you provide to us, and information we have about the products you have purchased, with:
(i) other companies in the British Sky Broadcasting group
(ii) companies that offer interactive services on the digital satellite platform through your Box activating the telephone line if connected; all of which may use such information for sales, marketing and market research purposes. Companies in the British Sky Broadcasting group may also use such information for making credit decisions, for fraud prevention and to pursue debtors.
You also agree that we may pass such information to other third party companies, including for sales, marketing and market research purposes.
If you do not wish us to share such information with other third party companies, please call us on 08448 244 400.
Section A of these Conditions applies to the supply and installation of your Digital Satellite System if you have ordered one. Section B and C apply to all customers taking up freesat from Sky.
Definitions
In these Conditions:
Address: means the address of your home in the United Kingdom that you notify to us from time to time.
Box: means an authorised digital satellite decoder using Sky’s digital conditional access (encryption) system including a remote control (but not including any associated equipment (such as the Minidish)).
Conditions: means these conditions, and any changes we may make to them.
Digital Satellite System: means digital satellite receiving equipment including a Box and Minidish.
Free to View Channels: means the free encrypted and unencrypted digital satellite channels and services provided by broadcasters and other providers on the digital satellite platform from time to time.
Minidish: means the dish enabling reception of digital satellite broadcasts.
Viewing Card: means the card which will allow you to receive encrypted Free to View Channels when used with a Box.
United Kingdom: means the United Kingdom of Great Britain and Northern Ireland, the Isle of Man, or the Channel Islands.
A. SUPPLY AND INSTALLATION OF YOUR DIGITAL SATELLITE SYSTEM
In this section A, references to “we” or “us” shall be read as references to SHS.
1. Digital Satellite System
(a) We will supply and install a Digital Satellite System at your Address. We will select the make and model of the equipment supplied at our discretion.
(b) On installation the Digital Satellite System will become your property, except for the software in the Box, which is owned by, or licensed to us or another member of the British Sky Broadcasting group (see Section B1(h) below).
2. Warranty
(a) The Digital Satellite System comes with a warranty against faults arising in the first 12 months after installation. This also covers cabling and/or installation faults. The following are not covered by the warranty: (i) faults arising from misuse; (ii) accidental or deliberate damage; (iii) cosmetic damage which does not affect the functionality of the Digital Satellite System; and (iv) damage caused by events outside the reasonable control of SHS or its suppliers. To report a fault, please call SHS on 08442 411 602. If a reported fault cannot be remedied by one of our engineers during a visit to your home, then we will replace the faulty Box or Minidish or the faulty component of it. Any replacement equipment will be new or “as new” (previously used equipment that has been refurbished by the manufacturer or its authorised agent). We will warrant any repair or replacement until the later of the end of the original 12 month warranty period or 3 months from the date it was carried out. This warranty only applies to equipment purchased under these Conditions and does not affect your statutory rights.
3. Installation
(a) Once your application has been processed we will organise a day for installation which is convenient for both of us. You must ensure that we are able to access your Address on the appointed day to deliver and install your Digital Satellite System.
(b) The installation of your Digital Satellite System may require the agreement or consent of someone else, for example, your landlord or the local council or authority. You are responsible for ensuring that all these agreements and consents have been obtained before we install your Digital Satellite System. (c) If you already have satellite equipment and you want us to remove it, you must be the owner of it. It must not be subject to any rental, finance or other agreement with any other company or person.
4. Additional Works
(a) A “standard installation” assumes that no additional cabling, bracketry or other equipment is required or any works are required which are beyond the scope usual in a normal installation. An installation may not be standard where, for example, your Minidish needs to be sited above two storeys, or more than 20 metres away from your Box. A “standard installation” further assumes that if you already have satellite equipment, you will not continue to use it and your existing cabling will be used in the connection of the Digital Satellite System.
(b) If the installation of your Digital Satellite System is not standard you will be charged a reasonable sum for any additional equipment or works that are required. You will be advised about these charges before your Digital Satellite System is installed, which may need to be rearranged for another time. If you do not agree to those charges, you may cancel your installation, and we (or your retailer as applicable) will repay anything you have already paid.
(c) If you already have satellite equipment and you wish to continue using it, or have it moved to another position at your Address, you must tell us at least 24 hours prior to the installation, and in that case a separate installation charge may be payable by you. If so, we will advise you of the amount of this charge, which must be paid before the day of installation of your Digital Satellite System.
Please call 08442 411 602 for further details and full installation options.
B. VIEWING CARD TERMS
1. The Viewing Card
(a) The Viewing Card acts as a key so that you can unlock encrypted digital satellite services. Having a Viewing Card does not mean you have a right to receive Free to View Channels or any other channels or services.
(b) We continue to own the Viewing Card after it is sent to you and, if we ask you to, you must return it to us after the period during which we are obliged to provide you with a Viewing Card, or when a replacement Viewing Card is sent to you, or when otherwise reasonably requested by us, for example if you breach these Conditions.
(c) Only you may use the Viewing Card which we send you. You can only use the Viewing Card at your Address with the Box for which it is first authorised by us to receive encrypted Free to View Channels. You must only use it for private viewing purposes. You must not use it for any commercial or business purpose or in any premises other than your Address.
(d) The Viewing Card must not be used outside the United Kingdom.
(e) Any change of your Address must be notified to us immediately.
(f) If you give your Viewing Card to anyone else we can make it invalid.
(g) You must not tamper with the Viewing Card or use it for anything we do not authorise.
(h) In order to continue to receive encrypted Free to View Channels without interruption, the Viewing Card must be kept in your Box at all times, and you will need to keep the Box connected to a mains supply and suitable satellite dish, and in standby mode while not in use. The software in your Box is owned by, or licensed to, SSSL or another member of the British Sky Broadcasting group. You must allow us to update the software in your Box by sending additional signals via satellite to your Box. You must not tamper with the software in your Box or authorise anybody else to do so.
(i) As part of the proper administration of the digital satellite platform, we shall be entitled to disclose your name, address and the services you receive via the Viewing Card and its number to providers of Viewing Cards and of Free to View Channels for which your Viewing Card is enabled.
(j) If your Box is connected to a telephone line, information may be passed from it to us and vice versa by telephone. For example, we may use the telephone line to enable your Viewing Card or to confirm that software updates have been correctly downloaded via satellite to your Box.
Sky Subscribers Services Limited Registered in England (No.2340150) Registered Office: Grant Way, Isleworth, Middlesex TW7 5QD.
2. How long is the Card valid for?
(a) For security reasons, Viewing Cards will be replaced from time to time. If we do this and we are still obliged to provide you with a free replacement Viewing Card, we will try to send you a new Viewing Card before the old one becomes invalid. Viewing Card replacements will be advertised on your television screen and/or in writing.
(b) We may make the Viewing Card invalid if it is necessary to protect the security of our conditional access system or, if we believe you are using the Viewing Card in ways which are not authorised, or where it is otherwise reasonable for us to do so (such as fraud).
3. Lost, stolen or malfunctioning Viewing Cards
(a) If your Viewing Card is lost, stolen, damaged or faulty, you must tell us immediately either by phoning 08442 411 602 or by writing to us at PO Box 43, Livingston, West Lothian EH54 7DD.
(b) If your Viewing Card is damaged or faulty and you return it, we will replace it free of charge if it had a defect when it was supplied to you. If the card is becomes faulty or is damaged after we supplied it to you, or you do not return it to us when requested, or if it is lost or stolen, we can charge you the cost of replacing it. We will make invalid any Viewing Card that you tell us is faulty, damaged, lost or stolen. The Conditions in this Section B will continue to apply until you return your Viewing Card to us.
C. GENERAL CONDITIONS
1. Liability
(a) Neither SHS nor SSSL will be liable under these Conditions for:
(i) any fault in any Box or other receiving equipment you use which has not been supplied under these Conditions;
(ii) any fault in your Viewing Card caused by you tampering with it, your negligence or your failure to follow SSSL’s instructions or these Conditions;
(iii use of a Viewing Card with any decoding apparatus SSSL does not authorise;
(iv) events outside our reasonable control;
(v) any loss or damage caused by us or our employees or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care owed to you by us or by any of our employees or agents; or
(ii) such loss or damage is not a reasonably foreseeable result of any such breach;
(vi) any loss or damage caused by either of us or our employees or agents to the extent that such loss or damage results from any breach by you of these Conditions.
(b) SSSL shall have no liability to you under the Conditions in Section A above relating to the supply and installation of Digital Satellite Systems. SHS shall have no liability to you under the Conditions in Section B above relating to the Viewing Card.
(c) Neither SHS nor SSSL will be liable if the Free to View Channels, any of their content, or the terms on which they are made available, are withdrawn or changed.
2. Changing the Conditions
(a) We cannot change or add to Conditions C1 or this Condition C2 except for security, legal or regulatory reasons.
(b) We cannot change or add to any other Conditions unless it is reasonable to do so.
(c) You will receive reasonable notice of any changes or additions.
3. Right to transfer the Contract and Third Parties
(a) We can transfer our rights or obligations under these Conditions to any company, firm or person. We can only do this if it does not affect your rights in a negative way.
(b) This agreement is personal to you. You may not transfer your rights or obligations under this agreement to anyone else, and no third party is entitled to benefit under this agreement except pursuant to Condition C3(a).
4. Notices
(a) If we give you any notice that is required under these Conditions, it must be in writing. If we send you any notice with any other document, the notice will be on a separate sheet of paper and will be clearly marked.
5. Law and Geographical limits
(a) This agreement is governed by English law. Any court proceedings relating to disputes arising under this agreement must be dealt with by the courts in England and Wales or any other United Kingdom court that can lawfully deal with the case.
THESE ARE THE TERMS AND CONDITIONS WHICH WILL APPLY IF YOU UPGRADE FROM FREESAT FROM SKY TO SKY DIGITAL AND OTHER SKY PRODUCTS AND SERVICES WHICH YOU MAY CHOOSE TO ORDER. YOU SHOULD READ THESE CAREFULLY BEFORE CALLING SKY TO UPGRADE TO SKY DIGITAL OR ORDERING ANY ADDITIONAL SKY PRODUCTS AND SERVICES ON 08442 410 971. IMPORTANT TERMS OF YOUR SUBSCRIPTION CONTRACTS
Please take a few minutes to read the following important terms. Further terms and conditions are set out below which you should also read carefully.
The further terms and conditions relevant to Sky's products and services, including Sky digital, Multiroom, Sky Box Office and other pay-per-view events are set out below, except the terms and conditions for Sky+ and Sky+HD which are supplied with your Sky+/HD Box.
Can I subscribe to Sky’s services?
Yes, if you are 18 or over and the services are only used at your home in either the UK (including the Isle of Man and Channel Islands) or Republic of Ireland. If you move, please let us know your new home address.
Sky digital Subscription Contract
This Contract sets out the conditions which you and Sky have to keep to in relation to the Sky digital service. This service does not include pay-per-view services; these are supplied under their own standard terms. The Contract also doesn’t cover channels which are not part of the Sky digital service, such as the non-subscription channels you currently receive with freesat from Sky (called the "Free to View Channels" in your freesat from Sky terms and conditions).
Sky Multiroom Subscription
With a Multiroom subscription you receive the same Option and Stand-alone Premium Channels as you have chosen under your first Sky digital subscription through an extra Box, for an additional subscription charge. This means that you and your family can watch different Sky digital programming on two separate TVs in your house.
How long does a subscription last?
Each subscription lasts for a minimum of 12 months (the Minimum Term) from the first date we enable your Box to receive your chosen Service(s) (usually when you first insert your Viewing Card into the Box), unless you or we are allowed to end it earlier. We will charge you for the relevant service from this date. For details of when the contracts can be ended earlier see Condition 11 of the Sky digital Subscription Contract and Conditions 6, 7 and 8 of the Multiroom Subscription Contract. If you have ordered your Sky products and services directly from Sky by telephone or on-line, you have the right to cancel your Contracts as set out in 'Your Rights to Cancel' found below. If your Sky digital Subscription Contract or your Multiroom Subscription(s) Contract end during the relevant Minimum Term (other than where you have a right to end them either under the terms of the relevant Contract or under ‘Your Rights to Cancel’), we will charge you early termination fees. Charges may also be payable to us under the Free Dish and Box Installation Offer if you end your Sky digital Subscription Contract during the Minimum Term. We may charge these amounts directly to the credit or debit card which you have provided us with details of, e.g. when you paid for the installation of your Digital Satellite System and, by entering into these contracts, you are authorising us to do so. We will give you reasonable notice before these charges are made.
Will the price of my subscription(s) rise during the Minimum Term?
Under the Sky digital Subscription Contract we can increase the prices for the Stand-alone Premium Channels at any time during the Minimum Term. However, in all other cases we can only increase the relevant Subscription Payment once during the Minimum Term. This increase won't affect you during the first 60 days of your subscription to your chosen service(s) and will not be more than either 10% of your subscription or the increase in the UK Retail Price Index over the last 12 months before we tell you about that price increase, whichever is greater. Under the Sky digital Subscription Contract, if at any time you change your chosen Option, you will pay the then current price for your new Option from the day you first receive it. The limits on price increases do not apply after the Minimum Term of the relevant contract.
When don’t these limits apply to my subscription prices?
The limits on increasing your Subscription Payments during the Minimum Term don't apply to any increase in your Subscription Payment for your first Sky digital subscription where we add extra channels to your chosen Option and you choose to take them or, if you choose to take any extra Sky Premium Channels we may offer you. The limits also don't apply where, following a request or requirement by any regulatory authority or, as required by law, we change any aspect of our pricing which affects your Subscription Payment directly or our pricing structures generally. If, during the Minimum Term, you choose not to receive extra channels we have added to your chosen Option under the Sky digital Subscription Contract, your Subscription Payment will not increase until the end of your Minimum Term when you will automatically receive all the channels in your chosen Option (including the extra channels) and pay the then current price for it.
How much notice will I get if you increase prices?
We promise to give you at least one calendar month's notice before we put the price of your subscription(s) up, unless the price increase results from you changing your Service under your Sky digital Subscription Contract. If you are not the payer of the relevant subscription, you should tell the payer of any price increase notice we send you.
Will the Service change?
The Service may change, as it is variable. This means that we can change programming, change or withdraw any Option, and change, withdraw or interrupt the Channels you receive in your Service. The Basic Pack offers you a variety of Channels which are broadcast by various broadcasters, including Sky. Although we aim to provide Channels that cover a wide range of interests, unfortunately we cannot guarantee the availability of any particular Channel or programme.
Other important points about your Sky digital Subscription Contract
• If we change any premium bonus channel in your Option or any Channel in your chosen Basic Pack into a channel which you would normally have to pay extra to get, you'll continue to get that Channel as part of your Option at no extra cost until the end of your Minimum Term (except for any Channel in your Basic Pack where the channel's owner won't agree that you can receive it in this way). If we introduce a charge for any other channel, we'll let you know what charge will apply if you wish to carry on receiving it.
• If we withdraw any Option or Channel and, as a result, you receive a cheaper Option from the one you received immediately before the withdrawal, we promise to reduce the price you pay to the then current price for that different Option.
• If you subscribe to any Sky Premium Channel, your Subscription Payment includes your chosen Basic Pack. However, if you don't, each Basic Pack is available on its own at a separate charge.
• As well as adding Sky Premium Channels to your chosen Option, you can also include one or more Stand-alone Premium Channels in your Service.
• Bonus (including premium bonus Channels) and additional Channels are provided at Sky's discretion and you don't pay any extra for this part of your Service.
• If you receive any customer magazines, they will be supplied by BSkyB Publications Ltd and the cost of the magazines you receive is payable by you for them. The entertainment magazine is £1.75, the sports magazine is £1.25 and the movies magazine is £1.25. However your subscription payment will be discounted by the total price of the magazines you receive so you will pay the same total amount whether or not you receive any magazines.
Other important points about your Multiroom Subscription
• Each Multiroom subscription you take out can only be viewed at the same Address as your first Sky digital subscription.
• The Box used to receive your first Sky digital subscription must always be connected to a fixed and operational telephone line while any Multiroom subscription is in place. All the Boxes used to receive your Multiroom subscription(s) must also be connected to this line and number and you must let us collect information through this line, including your telephone number (caller line identification or CLI).
Will I be accepted as a Sky digital subscriber?
You may not be accepted if you owe us any money or your credit score is unsatisfactory. We can administer your account as we believe reasonable depending on the result of that or any future scoring, which may include applying different payment terms to your account. We may use information from, or supply information to, outside agencies for credit assessment purposes.
How do special offers affect my Contract(s)?
If you take up a special offer, the terms and conditions of the relevant products and services will be varied to take account of the offer terms and conditions.
If you wish to share any comments on our products and services, please write to us at:
Sky Subscribers Services Limited
PO Box 43
Livingston
West Lothian
EH54 7DD
UK
Calling Sky
Calls to and from Sky Customer Services may be recorded or monitored for training and other purposes.
HOW INFORMATION WE HOLD ABOUT YOU CAN BE USED
By becoming a customer, unless you have told us otherwise, you agree that any member of the British Sky Broadcasting group and any company which may succeed our businesses, may use and share, within that group, the information you provide and other information we hold about you for account management, market research and the marketing of Sky’s and third parties’ products and services by Sky. This may include contacting you by post, telephone, email or SMS unless you tell us you don’t want to be contacted in any of these ways by calling us on 08442 41 41 41 or sending an email to MySky@bskyb.com.
We may also share such information with credit reference agencies and