Virgin Media Limited (“Virgin Media”) is evaluating certain aspects of its cable broadband internet service by way of a user panel (the “Panel” ).
By applying to become a member of the Panel (a “Panellist” ) you are deemed to have accepted and agreed to be bound by these terms and conditions (the “Panellist Agreement”).
As a Panellist you will need to connect a device (the “Panel Equipment”) to your router to record data about your broadband connection. This will be provided to you by SamKnows Limited, an independent provider of broadband analysis services who are collecting this data on our behalf.
As a Panellist you remain bound by the terms and conditions of your Residential Customer Service Agreement with Virgin Media. In the event of any conflict, however, the terms and conditions of this Panellist Agreement shall take precedence over the terms and conditions of your Residential Customer Service Agreement.
IT IS AGREED:
1 Service Requirements: you confirm that you are a customer of our residential cable broadband services. You agree to notify us at the e-mail address in your set-up instructions if there is a material change in your circumstances or Virgin Media services, including, but not limited to;
(a) a change in your tier of broadband service;
(b) a change of service address;
(c) a change of contact information (e-mail address, contact number); and
(d) a disconnection of your broadband service
You acknowledge and agree that your internet usage is within the reasonable limits of a residential broadband user.
2 Participation: selection for participation in the Panel is at our discretion.
3 Reward offers: If you are chosen as a Panellist, after you set-up the Panel Equipment and it is recording data you will receive £6 credit (the “Reward”) on your Virgin Media account.
This Reward will be applied each month as long as the Panel Equipment is active and returns an average of 10 speed test results a day. Make sure that your unit is always connected to guarantee this.
*changes to the Reward can be made at any time
5 Service charges: while you are a Panellist, you will continue to be liable to pay the charges for your Virgin Media services as usual.
6 The Panel Equipment: we will send you free of charge any equipment necessary for you to participate in the Panel (the “Panel Equipment” ). The Panel Equipment will be for use by you at your home. Your participation in the Panel (and therefore your eligibility for the Reward) is subject to you keeping the Panel Equipment connected to your home networking router at the address we provide your cable broadband services to at all times. Property in the Panel Equipment shall remain with Virgin Media. For the avoidance of doubt, the Panel Equipment shall be deemed “equipment” under your Residential Customer Service Agreement.
7 Set-up and Support: we will send the Panel Equipment with set-up instructions to the address you provide to us. You will be responsible for setting up the Panel Equipment in your home, but if you have any questions about set-up or use of the Panel Equipment then you will be able to e-mail us at the e-mail address in your set-up instructions. We (and/or SamKnows on our behalf) will e-mail you, from time to time, with questionnaires, updates and other information relating to the Panel.
We will not be liable to you for any loss or damage caused by your installation of the Panel Equipment.
We cannot guarantee the Panel Equipment will be compatible with your existing home networking equipment (e.g. routers, switches) and cannot guarantee support for the use of the Panel Equipment with any third party product.
By participating in the Panel you permit Virgin Media to perform tests on the speed and quality of the broadband service we provide to you. You undertake not to take any action to hinder the testing process and/or attempt to falsify any of these tests.
If we have any reason to suspect the Panel Equipment has been tampered with, we reserve the right to suspend and/or terminate your participation in the Panel and remove the Panel Equipment from your home.
8 Term and Termination: your participation in the Panel will commence once you have completed the set-up described above and it will continue until we notify you otherwise. If you wish to cease participation in the Panel please e-mail us at the e-mail address in your set-up instructions and disconnect your Panel Equipment. At the point you disconnect your Panel Equipment you will no longer be eligible for the Reward, and we will instruct our agents to contact you to arrange the return of the Panel Equipment.
9 Panel Assessment:
(a) you agree that, in order for us to collect data on your broadband experience:
(i) your Panel Equipment must be connected to your home networking router; and
(ii) your home networking router and broadband modem must be connected to the internet, for not less than seventy hours per week;
(b) during your participation in the Panel and for a reasonable period thereafter you agree that you will give us all such reasonable co-operation (including in respect of things such as the completion of questionnaires) as we may request to assess the Panel’s results; and
(c) you agree that you will not make any public announcement, press release, communication or statement concerning the Panel and/or this Panellist Agreement without our express prior written consent. You further acknowledge and agree that you will treat as confidential all and any information which we may disclose to you during the Panel in relation to the Panel and/or your broadband internet service and that you will not disclose any such information in whole or in part to any third party.
11 General: these terms and conditions shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
12 Amendments: we may change this Panellist Agreement at any time, but will give you reasonable notice of any change at the e-mail address given to us in your application. Your continued participation in the Panel after any such amendment constitutes your acceptance of the amended Panellist Agreement.