Terms and Conditions
Terms and conditions of your residential customer service agreement for Virgin Media television, Virgin Broadband and Virgin Phone services
These terms and conditions set out the agreement between (1) you ('you', 'the customer' or 'your'); (2) Virgin Media Limited ('us', 'we' or 'our'); and (3) Virgin Media Payments Limited ('Virgin Media Payments').
Your use of the services will be governed by the terms of this agreement. Please read through these terms and conditions carefully.
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.
A. Description of the television service
B. Virgin Phone
C. Virgin Broadband
D. Supply of the service
E. Obtaining the services
F. Looking after the system and equipment
G. Using the services
H. Using our equipment
I. Paying for your services
J. Your information and how it is looked after
K. Changing this agreement
L. Suspending supply of your services
M. Ending this agreement
N. Moving home
O. If you break this agreement
P. Visiting your home
Q. Liability to you
R. Matters beyond our reasonable control
T. Transfer of agreements
U. The law and how your complaints are resolved
V. Open Source Software
The words in bold throughout this agreement have the following special meanings:
'cooling off period'
'normal working hours'
'other legal stuff'
'public communications provider'
'service start date'
'Virgin Media website'
- The television service is a varying portfolio of content including channels, on demand programmes, Pay-Per-View programmes, interactive services, so-called 'red-button' services, apps and any other content, services, information, websites, applications and/or features (including any new, extra or substitute content with which we agree to supply you at a later date) which change from time to time and is accessible through equipment provided by us and connected to a television set. Some of the content will be bundled together as part of the television service.
- We aim to offer a television service covering a wide range of interests. We will add and remove content from time to time and we do not guarantee the availability of any particular content.
- Any examples we have given of any content on the television service (including in advertisements, direct mail, in-store, on-line or on the telephone) are only an example of content that may be available as part of the television service at the time the example is given and those examples may not always be part of thetelevision service throughout the term of this agreement.
- The content included in the television service will change from time to time and the programming or other components included in any channels, on-demand services or other services which are part of the television service will change from time to time.
- Some content included in the television service from time to time is supplied by other organisations and may be changed or removed due to matters outside our reasonable control or for commercial or contractual reasons including but not limited to the loss of particular content or programmes or other components from the television service.
- You agree that changes in the content available or changes in access to particularcontent will not be a significant change to the television service or thisagreement.
- We may change, withdraw or interrupt any of the programming in the television service at any time.
- We may change, cancel or postpone any content or component part(s) of the television service without notice, but we will give you reasonable notice of any withdrawals and changes where it is possible to do so.
- From time to time, we may let you try certain content for free or for no additional charge or provide value added content. We also have the right to withdraw such content at any time and without giving you notice.
- If as a result of a withdrawal of content you will be receiving a cheaper Virgin Media package from the one you received immediately before the withdrawal, we will reduce the price you pay to the price of the new package.
- From time to time, we may supply you with content for promotional purposes, whether for a charge or otherwise. We may at any time stop such supply or change the promotional content.
1. If you are keeping an existing phone number but taking the relevant phone line from us as part of the services, you authorise us to cancel that part of your agreement with your old provider which relates to renting that line. However, we cannot cancel any other agreements you may have with your old provider, for example, for renting equipment or for extra lines. Although we are usually able to arrange for you to keep your existing phone number when you transfer your line to us, we cannot guarantee this.
2. If we provide you with a telephone line, and you don't ask us to transfer your existing number, we will allocate a number to your telephone line. The telephone number and any rights in it belong to us and you may not sell or agree to transfer the number to any person.
3. You agree that we may give your name, address and phone number to the emergency services. Unless you tell us otherwise, we will also give these details to other authorised public communications operators and regulated directory service providers. This is so your details can be included in phone books and be obtained from publicly available directory enquiry services. We cannot accept any liability whatsoever for any failure by authorised public communications operators and regulated directory service providers to whom we provide information to comply with your listing request. We can tell you about other options that are available to protect and control how your information is used.
4. You accept that your telephone number must not be advertised in or on a public telephone box. If this happens, we may immediately suspend the services or end this agreement. However, we will use reasonable endeavours to contact you before we take this action.
5. Virgin Telephone is for private use by you and members of your household only. It must not be used for any activities not reasonably expected of someone using Virgin Telephone for domestic purposes.
6. Virgin Phone packages, fees and call rates that are applicable from time to time may be viewed in our Tariff Guide, posted on our 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.
7. If your use of ‘unlimited’ or ‘no extra charge’ calls provided as part of a Virgin Media Phone package exceeds that reasonably expected of a reasonable person using the Service for domestic purposes, we may:
(a) restrict, suspend or end your Services; and/or
(b) charge you our standard rates as published in our latest Tariff Guide for any calls exceeding those reasonably expected of a person using Virgin Telephone for domestic purposes.
8. Call features and service functionality are subject to variation not be available in all network areas. See www.virginmedia.com/callcosts for details of call features.
9. Most security and personal alarms and health monitors should be compatible with our network. However, it is your responsibility to check with your alarm or monitor provider to ensure that your alarm or monitor is compatible. You should check that other non Virgin Media equipment is also compatible. Subject to section Q1 below, we cannot accept responsibility for issues arising out of incompatibility.
10. We may provide your Virgin Phone service over our cable 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 Virgin Phone service will be provided over our cable broadband network.
(a) You should keep your broadband router plugged in and switched on at all times to make and receive calls.
(b) You acknowledge that in the event of a power or network outage, your telephone service will not work and you will be unable to make or receive telephone 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.
(c) If you have a security or personal alarm or health monitor, which is connected to your telephone 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. Other non Virgin Media equipment which you connect to your phone line may also not work in an outage.
(d) 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.
(e) For customers with accessibility requirements we have measures in place to help in the event of an emergency. If you or a member of your household currently have accessibility needs, or develop accessibility needs at any time that you are a customer, you should tell us this as soon as possible so we can put measures in place to assist you. This might include the use of text relay. This might also include providing you with an Emergency Back Up Line to use, to allow you to make calls to the Emergency Services. For the avoidance of doubt, the provisions in section E and H apply to the Emergency Back Up Line and any other Equipment we provide to you.
- For Internet access you agree that your computer will meet the minimum specifications as detailed on the Virgin Media website. You also agree that you'll either have an Ethernet port or wireless network hardware available that we can connect our modem to, or that you will install a network interface card on your computer. You also agree that you will carry out a virus check before the services are connected. If this is not the case, we will not be able to provide you with these services. From time to time we may change the minimum specifications needed to use the Internet access, which will appear in our published materials or on the Virgin Media website.
- Due to the nature of the Internet, we cannot guarantee specific levels of performance for Internet access.
- You confirm and warrant that you are the owner of, and that you have obtained all necessary consents to use, the domain 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 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 ouracceptable use policy.
- Any Internet 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 the Internet address shall automatically terminate and thereafter you will not use the Internet address.
- It is your responsibility to keep back-up copies of any data uploaded to our servers and you are responsible for any system you establish to monitor your webspace contents and use.
- Virgin Broadband is for private use by you and members of your household only. It must not be used for any activities not reasonably expected of someone using Virgin Broadband for domestic purposes.
- If you keep to the terms of this agreement, we will provide you with the services.
- As well as these terms and conditions, the services have other legal stuff which applies to the services and their use, as published by us on the Virgin Media website.
- The other legal stuff may be updated from time to time so please check the Virgin Media website regularly and read through it carefully. This other legal stuff includes our acceptable use policy and traffic management policywhich you can read on the Virgin Media website.
- To make sure you are always getting the best possible service, we may monitor and record phone conversations you have with our teams.
- From time to time, we may let you try certain services for free. We also have the right to withdraw these trial services at any time and without giving you notice.
- From time to time, we may supply you with services or component part(s) of a service for promotional purposes, whether for a charge or otherwise. We may at any time stop such supply or change the promotional service or component part(s).
- You agree that you are liable for any charges on your account regardless of whether you or anybody else (with or without your permission) runs up 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 PIN numbers and passwords to anybody else (unless you're happy for them to use your account and add charges on your account).
- With your permission, we may monitor email and internet communications, including without limitation, any content or material transmitted over the services.
- We also reserve the right to monitor and control data volume and/or types of traffic transmitted via the services.
- We may monitor and control data volume and/or types of traffic transmitted via the equipment.
- We will not continue to provide you with the services if we find out that you do not have a valid television licence.
- Except for Virgin TV Anywhere, which you may use in accordance with the Virgin TV Anywhere terms and conditions you may not use any reception equipment to receive the television service other than the equipment we have provided to you for the express purpose of receiving the television service (such as a set-top box).
- 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.
- 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 numbers and passwords for Pay-Per-View programmes are used correctly.
- By viewing the television service you acknowledge that the equipment we provide to you may be enabled 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 try to meet any date agreed with you for installation of equipment or activation of the services, but we may have to change the installation date given to you or activation may be delayed. We will try to notify you of any changes as soon as possible.
- 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, we will connect the equipment as we see fit. Please do not move any equipment. Should you 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 send you all the equipment you need to connect to the services, or advise you of anyadditional 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 oradditional equipment.
- Where we have recommended additional equipment for use with the servicesand you have chosen not to take our recommendation, we cannot guarantee compatibility of the equipment you choose, nor can we provide installation or ongoing support in respect of that equipment. 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 equipmentyou 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 and order details in order for them to fulfil your order.
- To provide the services, the equipment (e.g. a set-top box or a cable modem) must be connected to equipment belonging to you (for example a television, projector, display monitor or computer). We are not responsible for your equipment working 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. You must follow our instructions for this.
- 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 instructions 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 (for example, any permission necessary to lay cable from the street to your address). We are not obliged to install equipment or provide the services unless all consents and permissions have been obtained.
- 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 circumstances but will refund you for any payments you have already made to Virgin Media Payments for installation of theequipment and provision of the services.
- We do not have to connect the equipment at your home or otherwise keep to this agreement 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 previously misused our television service;
- your computer or network interface card does not meet our minimum specifications for Internet access;
- Your computer or its operating software does not work correctly or normally for Internet access; or
- it is not practical to carry out the connection for health and safety reasons or for any other reason.
- You agree that we may monitor any content or material transmitted over thesystem, including but not limited to email and internet communications and thetelevision service.
- We reserve the right to provide any maintenance services that we believe are necessary for the system and equipment to work properly and for us to provide the services to you.
- We reserve the right to upgrade and update the system, the equipment and theservices from time to time and you agree that we may do so.
- We will not be liable for interruptions, reception, picture degradation or other problems with the services which are 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. In many circumstances it is possible to correct a fault over the phone. If this is not possible and we think a technician can correct a fault, we will send a technician to try to do this.
- If you prevent necessary maintenance from being carried out (at a time previously agreed and arranged with you), or if maintenance is no longer required and you have not advised us by noon on the day before the appointment, or if the maintenance necessary is the result of any one or more of the following, where we have listed a price for such missed appointment in the price guides, we will be entitled to charge you a service fee :
- misuse or neglect of, or accidental or wilful damage to, the equipment;
- fault in, or any other problem (including set up and specification) associated with, your own equipment or any system that we do not cover; or
- your failure to keep to this agreement.
- You are responsible for maintaining any equipment that is relevant to the services which you own (for example, your television set, projectors, display monitors, computer interface card, printer and so on but not the equipment that we provide).
- We are not responsible if you are not able to use the services because yourequipment (for example, your television set, projectors, display monitors, computer interface card, printer and so on, but not the equipment that we provide) does not work properly, is not compatible with the system or does not meet the minimum specifications 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 (for example Virgin TV Anywhere) 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.
1. You are responsible for the way the equipment and services are used. You must not do any of the following acts or allow anyone else to do the following acts in relation to the equipment and/or services:
1. send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;
2. cause annoyance, nuisance, inconvenience or needless worry to, or break the rights of, any other person;
3. perform any illegal activity;d. break, or try to break, the security of anyone else's equipment, hardware or software;
4. deliberately receive, use, own, post, transmit or publish illegal material (including, but not limited to, images of child abuse);
5. upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner;
6. copy, distribute, 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:
i) as set out in Section V in respect of open source software; and
ii) that you may make a back-up copy of the software we provide for your personal use; or
7. use any services (including, but not limited to, phone services) in a manner not consistent with reasonable residential domestic use;
8. use any Internet Protocol (IP) address that we have not assigned to you. Put simply, you may not use the services to harm the service of another internet user or impersonate another user, whether on our network or external to our network. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice;
9. use the services in a way that: (i) risks degradation of service levels to other customers; (ii) puts our system at risk; and/or (iii) is not in keeping with that reasonably expected of a residential customer.
If we believe that you are using the services in any of these ways, we are entitled to reduce, suspend a and/or terminate any or all of the services without giving you notice.
2. You must, at all times, make sure that the way you use the services does not break the law or infringe the rights of any other person.
3. The following acts are not permitted:
1. copying or recording all or any part of the service except as may be permitted by law (and if this kind of copying becomes illegal in the future you must stop doing it);
2. re-selling, or making any charge for watching or using, all or any part of the service or
3. showing all or any part of the service to the public even where no admission fee is charged.
4. You will be liable for any charges from other organisations while using the service, as well as those billed by us as set out in our price guides.
5. You agree to take responsibility for all liabilities, claims and losses which are in any way connected with 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.
6. If you misuse the services, get the services from us without our permission, or do not meet your responsibilities under this section G, we will be entitled to suspend supply of the services, end this agreement and/or terminate any licence to use the software on the equipment.
7. You should take reasonable steps to make sure that, while it is not in use, the electricity supplied to your set top box or cable modem is not turned off and that it is in standby or rest mode (unless we advise you otherwise).
8. 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.
9. 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 reserve the right (at our sole discretion) to re-grade the services in question at the appropriate charge and / or to charge you for any additional usage or storage at the appropriate rate (if any) set out in the price guides. If we make such changes we will notify you as soon as possible.
10. In particular, if you subscribe to a broadband product 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 each month. 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 exceed your allowance you will be automatically upgraded to receive unlimited data usage for the rest of your billing period at additional charge. At the end of your billing period your Monthly Usage Allowance will then be reset and so will 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.
11. 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 violates this agreement or is otherwise harmful to our interests or the interests of other users of the services.
12. 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), and you agree that we are not responsible for any such third party content or services.
- We provide equipment to you it for the duration of your contract - for as long as you continue to receive services from us. The equipment will be our property at all times and we may need to alter or replace it from time to time. For us to do this, we will need reasonable access to your home.
- 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:
- Follow the manufacturer's instructions and any other instructions we have given you;
- Keep the equipment in your home and under your control (for example, you may not sell it, lend it or hire it out to anyone else, put it up as security for a loan or mortgage, or allow it to be seized under any legal process against you).
- Insure any of our equipment against any loss, theft or damage for the full replacement value;
- Not tamper with disassemble, misuse, neglect or damage our equipment;
- Not remove, tamper with or cross out any words or labels on ourequipment; and
- Take proper care at all times to prevent the loss or theft of our equipment.
- You agree to tell us immediately about any loss or damage to any part of ourequipment. 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. We will charge you for any loss of or damage to theequipment.
- If we or you end this agreement, if you decide to disconnect from some of ourservices, or if you wish to take up an offer to upgrade the equipment we provide to you, 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 and reasonable recovery costs of the equipment. If we hold any money we may use that money towards the cost of the equipment. If we have supplied you with 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.
- Any equipment which you own and which you connect to the system (for example, fax machines or computers) must meet with all relevant laws and regulations. We reserve the right to disconnect any equipment that does not meet these laws and regulations. You may use your own equipment together with ourequipment, but we do not guarantee that our equipment will work with yourequipment.
- We will not be liable in any way for any loss or damage arising from your use of your equipment with our equipment. We will not be liable for any loss of or damage to any additional equipment. We have the right to charge you for any replacement additional equipment.
- We and our suppliers retain title to and ownership of the software for theequipment we provide to you and all intellectual property rights in and on thatequipment. Without limiting the foregoing, all TiVo copyrights and trade marks are the exclusive property of TiVo Inc. TiVo Inc. is an intended third-party beneficiary of this agreement.
- 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.
- You must pay the charges for the services. We can change the charges as set out in paragraph K5, but if we do so, this may entitle you to end this agreement. You can read more about this in paragraph M14. All payments by you should be made to Virgin Media Payments, which 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 I2(c) below.
- 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 will be liable to interest or other charges for your default. We may also charge you the full amount of any bill and you may lose any discount we have given you. We will also suspend or cancel the services and charge you the costs of debt recovery proceedings to recover any debt you owe under this agreement.
- Under this agreement, if you ask for any changes to the services provided by us, these changes will be reflected by adding proportionate amounts to your first bill after the change and to your payments every month after that.
- You may choose to pay your bills by cash, cheque, credit or debit card, or by Direct Debit.
- 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.
- 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 I2 and I3(c) will also apply.
- 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, you agree that we may charge you a separate charge each month.
- The accuracy of the e-mail address you provide to us for E-billing purposes is entirely your responsibility.
- 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 absolute discretion.h. 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.
- 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.
- You agree to use the E-billing service responsibly.
- Reminders will normally be sent for late bill payments. We may also charge interest at the yearly equivalent of 4% over Barclays Bank plc's base rate for the whole period of any late payment. The interest is worked out daily.
- If you want to change any of the services agreed to, we may charge you an administration fee. We will notify you of the amount of any such charge when you request the change.
- You may be asked for any deposit at any time (as we believe to be reasonable in the circumstances) as security for the equipment and in case you do not pay your bills or return equipment provided to you. All or any part of this deposit may be used to pay any charges you owe under this agreement. We may (but do not have to) return your deposit after twelve months if we believe that you have a good payment history. We will usually (but not necessarily) consider you to have a good payment history if you have paid your account for twelve months in a row without your services (or any other service which we may provide to you) having been restricted, suspended or disconnected and you are not having to pay under a payment plan.
- We are entitled to carry out credit checks on you at any time. This will be done by making searches about you at credit reference agencies who will supply credit information about you, as well as information from the Electoral Register. The agencies will record details of the search, whether or not the application goes ahead. We may use credit-scoring methods to assess the application and to confirm your identity. We and other companies may use credit searches and other information which is provided to us, or the credit reference agencies (or all), 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, for example, when: checking details on applications for credit and credit-related or other facilities; managing credit and credit-related accounts and facilities; recovering debt; checking details of proposals and claims for all types of insurance; checking details of job applications and employees. We and other organisations may access and use from other countries the information recorded by fraud prevention agencies. Please write to Virgin Media’s Head of Risk at Media House, Bartley Wood Business Park, RG27 9UP 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 imposed by us, we may do the following:
- Require you to make a payment (which shall be made to Virgin Media Payments) in advance for future charges;
- 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 allow certain methods of payment and/or suspend some or all of the service at any time when you reach the limits until we have received the full payment of any charges you owe under this agreement; and/or
- require you to pay a deposit as described in paragraph H3(m) above.
- You must provide promptly and accurately all the information which may be needed so that we and Virgin Media Payments can perform our respective obligations under this agreement. You must also tell Virgin Media Payments and us immediately if any of your details change.
- Your personal information may be used for these purposes for so long as you are a customer and for as long as is necessary for these purposes after we cease providing a service 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.
- Unless you have opted out from receiving such contact, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we may contact you by mail, telephone, email, other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.
- You may add to or reduce the services (including the content you receive as part of 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 ofcontent to the television service, you agree to accept such additional content or bundles of content for at least the minimum period that applies to it. If you ask us to reduce your tier of services within the minimum period for that service, we may ask you to pay a 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 charges (including usage charges and line rental) up to the end of that 30-day notice period. Any changes to the services will be variations of this agreement, even if you agree a new minimum term.
- We and/or Virgin Media Payments may at any time modify, amend or alter the terms of this agreement and/or the services if:
- there is any change or amendment to any law or regulation which applies to Virgin Media, Virgin Media Payments or the services provided to you;
- We decide that the services should be altered for reasons of quality of service or otherwise for the benefit of customers or, our reasonable opinion, it is necessary to do so;
- for security, technical or operational reasons;
- the programming or content provided by any relevant programme and service providers for the services is altered;
- we decide to offer certain programmes as Pay-Per-View programmes;
- if the changes or additions are minor and do not affect you significantly or we wish to have all our customers on the same terms and conditions; or
- in all other events, where we reasonably determine that any modification to the relevant system or change in trading, operating or business practices or policies is necessary to maintain or improve the services provided to you.
- Due to the nature of the television service, the content will change from time to time.
- We may withdraw your chosen package for commercial or operational reasons or if we are unable to continue providing it for reasons outside our reasonable control. If we decide to do this we will move you on to our nearest equivalent current package, unless you notify us that you wish to move to another package. If this happens during your Minimum Term, the price of your relevant package will not increase before the end of your Minimum Term (other than where we increase prices under paragraph K5).
- We and/or Virgin Media Payments may change our charges at anytime. Any changes to our monthly charges will be published by us and/or Virgin Media Payments on the Virgin Media website and 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 clause M14.
- We may suspend any or all of the services immediately without notice if:
- you have broken this agreement (including the other legal stuff or the acceptable use policy) (and in such an instance we reserve the right to reduce the level of services affected);
- you exceed any allowance applicable to your services (and in such an instance we reserve the right to reduce the level of services affected);
- maintenance, repairs or improvements to any part of the equipment, the services, or the system need to be carried out;
- we have to do so by law or in line with a contract;
- you go over any credit limit on your account;
- 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 by using the services or equipment (or both);
- we do not receive a signed copy of the contract document from you within 30 days of activating your services;
- 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; or
- in our reasonable opinion it is necessary to do so.
- If the services are suspended because you have broken this agreement or if paragraphs L1(b), (e), (f), (g) or (h) apply, we may make a charge to reflect our costs in connection with suspending and starting supply of the service 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.
- If the services are reduced because paragraphs L1(a) or (b) apply, then during any period of reduction, you will remain liable for the payment of your original level of charges.
- For your and our protection we can 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 your previous use or 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:
- ask you to make a payment of a deposit (which shall be made to Virgin Media Payments) as security for your charges; or
- prevent you from making international calls and/or premium rated calls if in our reasonable opinion they form a significant proportion of your charges.
- If you have ordered the services online, by telephone or from an agent attending at your home you have a statutory right to cancel an order for the services within 14 days (the cooling off period) from the latest of (i) the day after the delivery of the equipment (ii) the service start date, and (iii) 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.
- Any cancellation of the services in the cooling off period must be in accordance with this paragraph. You can cancel your order by:
- Dialing 0345 234 0751 from any phone (for information on how much this call will cost from a Virgin Media home phone visit virginmedia.com/callcosts. Call costs from other networks and mobiles vary);
- Writing to Virgin Media Sales Operation Support, Unit 5 Nimbus Park, Porz Avenue, Houghton Regis, Dunstable, LU5 5FR; or
- Completing the cancellation form you will have been given as part of your welcome pack and returning this to us at the address specified on the form.
- 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, however if you requested a service to begin during the cooling off period we may require you to pay us an amount proportionate to any services with which we have provided you up until the cancellation date. We will not refund any one-off fee for activation or installation of the services if you cancel the services after installation or activation. If you cancel an order for equipment, we will automatically cancel your order for the services unless you inform us otherwise.
- If you cancel under the cooling off period you must return any equipment with which you have been provided promptly, using the returns method provided with the equipment or otherwise notified by us to you. 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).
- 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) no later than the earliest of 14 days after the day on which we receive the equipment back from you or you provide evidence that you have returned the equipment (for example, a proof of posting receipt). We will make any refund using the same method of payment you used to pay us.
- You cannot cancel any Pay-per-view programme that you have ordered and begun to stream or download during the cooling off period for the television service.
- Your legal rights are not affected by paragraphs M1 to M7 above. If you need advice on what your legal rights are you could make contact with the Citizens Advice Bureau or look at their website at https://www.citizensadvice.org.uk/.
- 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 cancel your order under this provision by:
a. Dialing 0345 234 0751 from any phone (for information on how much this call will cost from a Virgin Media home phone visit virginmedia.com/callcosts. Call costs from other networks and mobiles vary);
b. Writing to Virgin Media Sales Operation Support, Unit 5 Nimbus Park, Porz Avenue, Houghton Regis, Dunstable, LU5 5FR;
- If you end this agreement, you must pay any charges (including usage charges and line rental) up to the end of that 30-day notice period.
- 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 above or under paragraph M14 below) you will have to pay an early disconnection fee as set out in paragraph M13.
- If you break this agreement and we and/or Virgin Media Payments may end this agreement under section O (including for non-payment of charges) within the minimum period, you must immediately pay to Virgin Media Payments an early disconnection fee in respect of the cancelled service by way of compensation to us for ending the service early.
- You can find details of the early disconnection fee on the Virgin Media website. The early disconnection fee will not be more than the charges you would have paid for the services for the remainder of the minimum period less any costs we save, including the cost of no longer providing you with the services.
- If we and/or Virgin Media Payments:
- increase our monthly charges under this agreement; or
- make significant changes to the terms and conditions of this agreement(including the other legal stuff) which are likely to materially disadvantage you; or
- if there is a permanent loss of the services; or
- you are entitled to terminate this agreement in exercise of your legal rights,
you may cancel this agreement without penalty by giving us and/or Virgin Media Payments (as applicable) at least 30 days' notice. The notice of termination must be given within 30 days of the increase in charges or changes to this agreement being notified to you. If you were not notified of these changes in advance, you must give notice of cancellation of the services affected to us and/or Virgin Media Payments (as applicable) within 30 days of receipt of your first bill following such increase in charges. If you do not give notice of cancellation within the specified period, you will be deemed to have accepted the increase in charges and/or the changes to this agreement. You will no longer be able to cancel this agreement under this paragraph. If you cancel this agreement in these circumstances, the increased charges will not apply during the 30-day notice period and paragraph M11 will not apply if you cancel before the end of the minimum period. Changes to the content contained in the television service do not constitute a change to this agreement.
- 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;
- if in our reasonable opinion it is necessary to do so for security, technical or operational reasons.
- 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.
- 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 and reasonable recovery costs as set out in the price guides. In addition to our other rights, we reserve the right to bring proceedings against you for the return of our equipment.
- If this agreement is ended for any reason, or if any of the services are cancelled, we and/or 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. We may also donate your account balance to charity, whatever the amount, if we have not been able to contact you within six months of the date of termination of this agreement.
- 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 one month's notice to do this, but we cannot guarantee to provide you with the services at your new address.
- If you move to another address during any minimum period paragraph M9 will apply, unless you continue to receive our services at your new address (in which case paragraph N3 will apply). In addition, if you move home during a minimum period you will need to pay the early disconnection fee described in paragraphs M10 to M13.
- 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. We will also send you a new contract for the services at your new address and you will have to keep the services for the minimum period. The service start date for your new minimum period will be the date that the equipment is installed at your new address.
1. We and/or Virgin Media Payments may end this agreement immediately if:
a. 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;
b. 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);
c. you break any of this agreement (including the other legal stuff) and, if you are able to put things right, you have not done so within seven days (or such other period as we specify) of us and/or Virgin Media Payments asking you to do so;
d. 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;
e. any permission under which we are entitled to connect, maintain, modify or replace the equipment is ended for any reason;
f. 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 or regulatory authority;
g. 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; or
h. we and/or Virgin Media Payments are specifically entitled to do so under any other section of this agreement.
2. If you break this agreement and we and/or Virgin Media Payments choose to overlook it, we and/or Virgin Media Payments can still end the agreement with you if you break it again.
3. If we and/or Virgin Media Payments end this agreement because you have broken this agreement as set out in this section O (including where you have not paid the charges which you are liable to pay under this agreement) during any relevant minimum period, we are entitled to: (a) charge you for any charges including line rental and usage for; and/or (b) prevent access to; and/or (c) disrupt access to; the services.
4. If you break this agreement by committing fraud or any other criminal activity, we will report you to the police, who may take legal action.
- You authorise us to install, keep and use apparatus (including but not limited to equipment and additional 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 apparatus necessary for us to supply the services you and others have asked for; and
- inspect any apparatus and equipment (like your TV or computer) which you may keep there.
- You agree not to do anything, or allow anything to be done, at your home that may cause damage to or interfere with any apparatus or prevent use or easy access to it.
- You confirm that you are:
- the current occupier of the home; and
- either the freeholder of the home or a tenant under a lease of 12 months or more.
- We cannot normally be required to remove permanent installations if you terminate this agreement or move from your home.
1. Neither Virgin Media nor Virgin Media Payments restricts or excludes liability to you for:
a. 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
b. fraud; or
c. any of our and Virgin Media Payments' respective liabilities which, by law, we and Virgin Media Payments must cover you for, including any liability arising out of part 1 of the Consumer Protection Act 1987 or from us and Virgin Media Payments breaking our respective duties under sections 4.1 or 11.4 of that Act.
2. Apart from as set out in paragraph O1, neither we nor Virgin Media Payments will be liable to you for:
a. any indirect loss or any loss which is not a reasonably foreseeable consequence of Virgin Media or Virgin Media Payments' negligence or breach of this agreement (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses); or
b. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we and/or Virgin Media Payments had been advised of the possibility of you incurring such loss.
3.Apart from as set out in paragraphs O1 and O2, our and Virgin Media Payments' liability to you is limited to:
a. apart from as set out in paragraph O3.b. below, a maximum of £10,000 for any one event or series of connected events; and
b. for direct physical damage to your property (including any of your equipment upon which the television services are enabled) up to £100,000 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, 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:
a. incompatibility with our network; or
b. power or network outages; or
c. any other matters beyond our reasonable control or not due to our fault.
7. If you deal with any other individuals or organisations using the equipment or services (for example, by buying or renting goods or services from them or subscribing to or accessing third party services such as Netflix or Curzon 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 individuals or organisations which may be accessed through the equipment or services We also reserve the right to block access to any such material.
9. In certain circumstances, faults may affect your ability to use the services In such cases you may be entitled to compensation as set out in our loss of service credit guidelines within the Legal Stuff on the Virgin Media website.
- Neither we nor Virgin Media Payments will be liable for failing to do what it promised under this agreement if it is prevented from doing so by something outside its reasonable control which will include (but is not limited to) 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.
- Any notices we or Virgin Media Payments give to you must be in writing and be delivered by hand, sent by fax, ordinary post to you at your home or sent electronically. Any notices you give to Virgin Media or Virgin Media Payments should be given in line with the directions set out on the "My Virgin Media" area of the Virgin Media website or in your Welcome Pack. Any notice period will start from the day on which the notice is delivered if it is delivered by hand, two working days (i.e. excluding Saturdays, Sundays and public holidays) after the date it was posted if sent by ordinary post, or from the date of successful transmission if it is sent by fax or electronically.
- 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.
- This agreement will be governed by the law of England and Wales, unless you live in Scotland or Northern Ireland, in which case it will be governed bv 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.
- We are fully committed to addressing all complaints, fully and fairly, and in a reasonable time frame. If you'd 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.
- 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 absolutely free of charge.
You may also be able to refer a dispute to the European Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.
- 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(g) above, but is subject instead to the terms of the applicable open source licence. You are free to use, modify and distribute open source software, so long as you comply with the terms of the applicable open source licence. We'll tell you which open source licences apply (if any) in the documents which come with your equipment, as well as where you can go to find any modifications in source code form.
the terms and conditions set out in this document, the other legal stuff, together with all the details set out in any contract document we ask you to sign.
the television channels, on demand programmes, Pay-Per-View programmes, interactive services, so-called ‘red-button’ services and any other content, services, information, websites, applications and/or features (including any new, extra or substitute content which we agree to supply you at a later date) which from time to time.
the fourteen (14) day period in which you are legally entitled (with no requirement to give us a reason) to cancel your order for the services from the latest of (i) the day after the delivery of the equipment, (ii) the service start date or (iii) receipt of the terms and conditions for the services.
any telecommunications or other equipment we supply to you as an essential part of providing the services (including upgrades and replacements). This may include (but is not limited to) any cable modem, set-top box, cables and ducts. This does not include batteries or certain accessories which may purchase from us, nor does it include any equipment which you may purchase from a supplier recommended by us or an alternative supplier. This is referred to as 'additional equipment'.
the residential property where we or you install apparatus (including but not limited to the equipment) and to which we agree to supply the services.
us providing Internet access, whether by way of high-speed Internet connection or by dial-up Internet access services through a phone line or cable.
the minimum period that you must allow us to supply you with and charge you for service, starting from the service start date. Unless you are told otherwise by us, the minimum period will be 12 months from the service start date. We may change the minimum period for the supply of the service but this will not affect you if you have already subscribed to receive the service.
the minimum specifications required to receive or use the services as set out on the Virgin Media website or as we tell you from time to time.
these are 9am to 6pm on Monday to Friday. These hours may change.
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 your 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 from time to time. If there is any conflict between the other legal stuff and the terms and conditions in this document, the other legal stuff will apply.
a programme or service which is offered for sale to you as an individual purchase either at specific start times or on demand.
the current list of charges for each of the services.
means a public communications provider as set out in section 151 of the Communications Act 2003.
(i) the first date on which each service is available for you to use or,
(ii) where no installation is required, the earlier of the date your service is activated or seven days from the date you ordered the services from us or,
(iii) 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 a available for you to use the services or the date we receive confirmation that your installation kit has been delivered, whichever is earlier.
the services you have ordered including any new, extra or substitute services which we agree to supply you at a later date.
an electronic communications system or network.
a varying portfolio of content including channels, on demand programmes, Pay-Per-View programmes, interactive services, so-called ‘red-button’ services, apps and any other content, services, information, websites, applications and/or features (including any new, extra or substitute content with which we agree to supply you at a later date) which change from time to time and is accessible through equipment provided by us and connected to a television set. Some of the content will be bundled together as part of the television service.
the website at www.virginmedia.com or any other website address we may tell you about. Virgin Media Limited (company no. 2591237) and Virgin Media Payments Limited (company no. 6024812) are both registered in England. The registered office address for both companies is: Media House, Bartley Wood Business Park, Hook, Hampshire RG27 9UP.