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'
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.
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.
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.
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.
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.