Terms and Conditions

Contents

General Terms and Conditions 4 Television Terms and Conditions 28 1. Definitions 5 19. Television Programming 29 2. Provision of Services 7 20. Unauthorised Use of Television Service 29 3. Duration 9 21. On Demand TV and Pay Per View Programming 30 4. Use of Services 10 22. Digital Video Recording (DVR) Services 32 5. Access and Installation 11 Internet Services Terms and Conditions 33 6. Charges and Payment 13 23. Internet Services 34 7. Deposits and Account Limits 15 8. Provision of Information and Data Protection 16 Digital Telephony Terms and Conditions 38 9. Equipment 18 24. Telephone Number and Directory 39 10. Maintenance 19 25. Fraud, Nuisance, High Usage and Prohibited Calls 39 11. Termination and Suspension of Services 20 26. Voicemail 39 12. Cancellation Rights 22 27. Number Transferability 40 13. Limitation of Liability 23 28. Disclaimer of Liability and Indemnification/ 14. Software and Export Control 25 Emergency Services/Connected Services 40 15. Assignment 26 Supplemental Terms and Conditions 16. Changing the Terms and Conditions 26 – for self-install customers 43 17. Notices 26 18. Miscellaneous 26 General Terms and Conditions

4 1. Definitions body including without limitation any ‘Event’ means each movie, television emergency services organisation. programme or other event offered by us ‘Address’ means your residential address as On Demand TV or via the Internet or ‘Customer Provided Apparatus’ means in the Republic of Ireland where the by any other means. any apparatus (not being Equipment) Equipment is or is to be connected in provided and used by you in order to use ‘Group Company’ means any holding accordance with this Agreement. the Services. company or subsidiary of Virgin Media, ‘Agreement’ means the contract between and any subsidiary of any such holding ‘Digital Telephony’ means the routing of you and us comprising the Order Form company, from time to time. voice conversations and telephone and these terms and conditions. services over the Internet or through any ‘Interactive Services’ means the certain ‘Broadband Internet Service’ means other IP-based network services we may provide to you from time Broadband permanent (always on) telecommunications network accessed by to time using digital technology such as connection to the Internet provided to you you using Equipment provided by us. interactive TV and enhanced TV that you by us via a cable modem or other means. access from your set-top box or television. ‘Digital Video Recording (DVR)’ means ‘Charges’ means charges to be paid by equipment that we provide to you that ‘the Internet’ means the global data you for the Services calculated according records video in a digital format to a disk network comprising interconnected to the prices and rates set out in our Price drive or other medium, which enables networks using TCP/IP (‘Transmission Lists or otherwise notified to you. video capture and playback to and from Control Protocol/Internet Protocol’). disk. ‘Customer Charter’ means our charter for ‘Internet Services’ means the service customers available on request and on ‘Equipment’ means all equipment and provided to you by us using digital or our website. replacements thereof supplied by us or on analogue technology to enable you to our behalf to you in connection with the gain access to the Internet and certain ‘Competent Authority’ means the provision of any of the Services provided services, whether by means of a Commission for Communications to you under this Agreement including television, personal computer or Regulation (www.comreg.ie) or any (without limitation) any cable modem, otherwise. successor thereof or any other competent cable, ducts or software. Government department or regulatory ‘IP Address’ means a dynamically

General Terms and Conditions 5 assigned Transmission Control Protocol/ domain name, email address or mailbox partnership, firm, company (as defined in Internet Protocol address temporarily name. Section 2(1) of the Companies Act, 1963) assigned by us to the subscriber to enable or organisation. ‘Network’ means the telecommunication the service. systems run by us or any associated ‘PIN’ means Personal Identification ‘Licence’ means any licence or company (as principal or agent) from time Number. authorisation required by law and granted to time under the terms of ‘Price List’ means the material published to us to provide the Services by the the Licences. by us from time to time, including but not Commission for Communications ‘Operator’ means any person to whom a limited to in advertisements, on our Regulation (www.comreg.ie) or any License is granted. websites or in other documentation successor thereof and includes any provided to you, which includes the prices amendments or modifications made ‘Operator’s Network’ means a and rates for the Services and Equipment thereto from time to time. telecommunication systems run by an we offer including the usage rates for the Operator, other than our Network. ‘Line Rental’ means the rental payable by Services. you to us as specified in this Agreement or ‘Package’ means the package of Services ‘Services’ means the Telephone Services, as calculated from time to time as per our selected by you from our telephone, the Internet Services, the Television Price List. Internet and TV Services or any Services and any and all other services replacement or variation (whether under ‘Minimum Period’ has the meaning set provided to you under this Agreement the same name or any other name). out in paragraph 3. whether directly from the Network or ‘Pay Per View Programming’ means any indirectly by means of an Operator’s ‘Minimum Specification’ means the Event, programme or service that you Network linked to the Network. specification detailed on our Website or order which is subject to payment of a as advised by us from time to time. ‘Software’ means the proprietary separate fee per Event, programme or software supplied to you by us to enable ‘Name’ means any name specifically service. you to use the Services. requested by or allocated to the ‘PC’ means any personal computer. Customer for provision of the Services and shall include, without limitation, any ‘Person’ shall include any person,

6 General Terms and Conditions ‘Telephone Service’ means the telephony, ‘You’ means the customer(s) we make this minimum speed, or error free. We voice telephony, Digital Telephony and agreement with and includes a person cannot guarantee minimum ancillary services provided to you under who we reasonably believe is acting with bandwidth delivered to you and we this Agreement. your authority or knowledge. cannot guarantee that all data traffic can be transported complete ‘Television Service’ means the television and without delay. If a fault occurs programming services, Pay Per View 2. Provision of Services you should notify us by contacting Programming, On Demand TV, streaming 2.1 We shall provide and you shall use our customer management centre. If and/or audio services provided to you the Services and Equipment subject you are unable to access the under this Agreement, including those to the terms of this Agreement. We Services, you remain liable to pay all provided by DVR. will provide the Services to you from Charges that would otherwise apply. ‘User Policy’ means any user policy we the date we activate them and will 2.3 We have the right to change or issue from time to time in relation to the continue to do so unless this suspend the Services where we Services that you can view on your Agreement is terminated as per this reasonably determine that any television or computer screen. Agreement. technical modification to the ‘Virgin Media’ means Virgin Media 2.2 In supplying the Services we will Network or change in our trading, Ireland Limited. always use our reasonable skill and operating or business practices or care but are unable to guarantee policy is necessary to maintain or ‘Us’ or ‘We’ means the company named in fault free performance. The Services improve the Services which we our agreement with you. are provided on a best efforts basis provide to you, including, but not ‘On Demand TV’ means those Events and and we do not warrant that any limited to: other programmes that you order, which connection to, transmission over, or (i) changing the code or technical may be free of charge or may be subject results of the Equipment or the specifications of the Services for to payment of a separate fee per Event, Services will meet your requirements operational reasons including quality programme, or service or on a or will provide uninterrupted use or of service; or subscription basis. will operate as required or at any

General Terms and Conditions 7 (ii) interrupting or suspending the give written notice to you prior to the Services due to an emergency, for changes being introduced. We will the purposes of repair, maintenance, also publish details of any changes improvement or because of other (including the operative date) on our operational reasons; or website as soon as possible prior to the changes being introduced. (iii) giving instructions to you which we believe are necessary for health or 2.4 We may, from time to time, supply safety or for the quality of the you with certain promotional or test Services provided to you or to other services, including channels and customers; or programming, whether for a charge or otherwise. By the same token, we (iv) where there is any change or have the right to withdraw or alter amendment to any law or regulation such test services at any time and which applies to our trading, without notice. operating or business practices or policy or the Commission for 2.5 We are not responsible if you are Communications Regulation or any unable to access the Services due to other Competent Authority makes the fact that your apparatus or any direction or order equipment is incompatible with the recommending or requiring any Services provided, or does not technical modifications or changes conform to the Minimum in our trading, operating or business Specifications published by us. It is practices or policy; or your responsibility to ensure your equipment is maintained and in (v) in our reasonable opinion it is working order in accordance with otherwise necessary or desirable to the Minimum Specifications. We do so. Where practicable, we will shall not be held liable for any

8 General Terms and Conditions pre-existing defect on, or you must give us at least thirty (30) purpose of this paragraph 3.1 incompatibility with, your computer days’ notice if you wish us to provide includes any modification, hardware or software. We may from such Service to your new address. enhancement or upgrade to your time to time alter the Minimum Where we agree to provide the Services or Package of Services Specification required to access the Services to your new address, you requested by you. You can only Services. When doing so we will shall pay us the applicable transfer terminate this Agreement during the advise you as soon as possible. Such of service charge. Details of our Minimum Period as specifically advice shall be posted on our transfer of service charge are set out detailed in this Agreement, website. in our Price List. otherwise we may charge you a cancellation charge of up to €200, 2.6 If you move house, we will try, but or a charge consisting of all relevant shall be under no obligation, to 3. Duration charges which would have been provide you with the Services at your 3.1 Unless otherwise stated in our Price payable to the end of the Minimum new address if it is within our List or other documentation that we Period, whichever is the lesser serviceable area. You will still be provide to you, the minimum period amount. If you want to terminate liable to pay the applicable Charges (the ‘Minimum Period’) of the this Agreement after the Minimum in relation to the Minimum Period (as Services, is twelve (12) months Period, one month’s written notice is defined in paragraph 3) for the starting on the date we activate required. Services provided to your old the Services. Where you during the address, even if you move from that Notwithstanding the above, you are term of your Agreement with us address during the Minimum Period, entitled to cancel your order for request additional Services or a or we do not provide you with the Services under S.I. No. 484/2013 change to a Package of Services, Services at your new address, or if - European Union (Consumer the Minimum Period will be your new address is outside our Information, Cancellation and Other extended for a further period of serviceable area. Where we are Rights) Regulations 2013 as twelve (12 months) from the date we providing a Broadband Internet amended as outlined in more detail activate the additional Services, or Service and you move to another in paragraph 12, Cancellation Rights. activate the change to that Package address within our serviceable area, of Services. A change for the

General Terms and Conditions 9 3.2 For specific Packages (unless under this Agreement will entitle us password and PIN confidential and otherwise stated in our Price List or to suspend the provision of the you must tell us immediately if you other documentation that we Services or terminate this suspect or believe that another provide to you), the Minimum Period Agreement at our discretion. person has discovered or is using is one month and either you or us your PIN without your permission. 4.3 You are responsible for ensuring may cancel specific Packages with Where we reasonably believe that that, where minimum age one month’s notice. your PIN has been discovered and/or recommendations apply to any part used by another person without your of the Services, those Services are knowledge or permission, or where not viewed or used by anyone below 4. Use of Services in our reasonable opinion it is that minimum age. 4.1 You must use the Services according necessary to do so, we shall de- to any reasonable instructions which 4.4 Where you are allocated a password activate your PIN and allocate you we give you in writing from time to or PIN to enable you to use the with a new PIN. time. Any other use is prohibited. Services, Interactive Services or to 4.5 All use of the Services contracted for order Events, you will be responsible 4.2 You agree to take responsibility for, by you as the account holder, and liable for all use of the Services and agree to indemnify us whether or not authorised by you, through your password or PIN completely in respect of, all will be deemed your use and you will (including without limitation all liabilities, claims and losses incurred be responsible in all respects Charges incurred and any breaches by you or us which are in any way for all such use, including for of the terms of this Agreement), connected with your use or misuse payment of all charges attributable even where the Services are not of the Services or failure to prevent to your account (e.g., for On actually used by you but by some misuse of the Services by others, or Demand TV Events, merchandise other person using your password any other breach by you of your ordered via Internet, interactive and whether or not the Events or obligations under this Agreement. services, international long distance Services were purchased with or Any misuse by you of the Services or telephony charges, etc.). We are without your knowledge and/or other breach of your obligations entitled to assume that any consent. You shall keep your

10 General Terms and Conditions communications made through which case you are responsible for any other rights we may have, if in the Services or from the Network payment as per the payment our reasonable opinion location at which you receive the obligations in this Agreement. we believe the Services have been Services are your communications used in breach of this Condition, we 4.7 The Services and the Equipment are or have been authorised by you. may immediately suspend the only provided under this Agreement Services and/or terminate this 4.6 The Services may contain or make for residential customers and are for Agreement and/or retain the whole available information, content, residential, non-commercial use or any part of any deposit or merchandise, products and Services only. The Services or any part of Charges paid. provided by third parties and for them cannot be sold for money or which there may be charges payable money’s worth. We have no liability, to third parties (for example whether due to our negligence or 5. Access and Installation Interactive Services and online otherwise, for any losses incurred by 5.1 Our obligation to provide the shopping) and in these cases you any business, trade or profession Services and Equipment depends on agree that you are dealing with the carried on by you or any other our obtaining the necessary third party and not us. You agree person using the Services or the licences, wayleaves, consents, or that all such charges incurred by you Equipment. You are not allowed, by other permissions to enable us to or attributed to your account will be law, to show the Services to the provide you with the Services. We your sole and exclusive responsibility public where an admission or usage shall have no liability whatsoever to and agree to pay the same when fee is charged for doing so. provide you with the Services and due, and you shall indemnify and 4.8 You may not use the Services (1) to Equipment if they cannot be hold harmless Virgin Media and send a message or communication obtained. Any suggested date of each of its Group Companies for all which is offensive, abusive, indecent, connection is not binding upon us liability to any third party for such obscene, a nuisance or hoax; or (2) and we give no undertaking charges. Depending on the nature of to cause annoyance, inconvenience whatsoever that we will connect the the Interactive Services, the third or needless anxiety; or (3) Equipment or Services on, or by, a party may bill you directly or we fraudulently; or (4) in connection certain date, and we will not be may bill you on your regular bill, in with a criminal offence. As well as liable to you for any delay in

General Terms and Conditions 11 connecting the Equipment or and/or any other person with an Services. interest in your land whose consent is legally required to enable us to 5.2 In order to perform our obligations exercise the rights over land granted under this Agreement and in pursuant to this paragraph and you consideration of the Services will enter into any necessary provided to you, you hereby grant us additional documentation to give such licence in respect of your land, effect to the grant of such rights. buildings and premises (‘your land’) Each party shall at all times comply as is necessary for us (including our with all reasonable instructions of employees and authorised the other party or any third party in representatives) to provide the relation to the exercise of any rights Services to you and our other over your land obtained in customers, including but not limited accordance with this paragraph. to, from time to time, upon giving you reasonable notice (save in any 5.3 Your failure to comply with emergency) to enter those parts of paragraph 5.2 may result in your land to install, maintain, adjust, withdrawal of the Services and repair, replace, renew, upgrade, termination of this Agreement, and if inspect or remove, and to keep this happens we will be entitled to installed and to operate at or on continue to enter upon your land to your land, Equipment and/or enable us to provide the Services to telecommunications apparatus. You neighbouring customers and/or will at your own expense provide or remove all or part of our Equipment. procure whatever further rights over 5.4 You will indemnify us for all your land we require from any installation costs and expenses that landlord and/or successor in title we incur connecting you up to the

12 General Terms and Conditions Network and for all costs and terminate, provided that where the occupier of the Address, and are expenses incurred by us for removal cabling relates only to the provision either the freeholder of the Address of any Equipment and/or of certain Services, this Agreement or a tenant of the premises under a telecommunications apparatus from may, at our option, terminate in lease of 12 months or more; and that your land and against liability for all relation to those Services only. you are over 18 years of age and third party claims, in the event that legally entitled to sign a contract. 5.6 You agree to provide at your own you or any person or a successor in cost, suitable facilities, including 5.8 The terms in this paragraph, title with an interest in your land secure electrical supply and other including the licence granted by you insists that we remove any or all installations and fittings, for the to us, shall continue in force for as Equipment and/or Equipment and you will comply with long as we hold the licence, telecommunications apparatus from our reasonable requests and notwithstanding termination of your land. directions in this regard. You agree this Agreement. 5.5 We will make every effort to site the that you or a person authorised by Equipment in a location of your you (who is over 18 years of age) will choice and will endeavour to comply be present at your premises during 6. Charges and Payment with any reasonable requests you that part of the connection process 6.1 You must pay all the Charges for may have regarding the routing of that takes place there. You may which we bill you, together with any cables. However in some instances need to prepare your premises in Value Added Tax and any other this may not be possible, for accordance with our reasonable taxes (at applicable rates from time technical and other reasons, and if instructions before the Equipment to time) which apply in relation to this is the case then we will indicate can be installed and Services can be any Charges payable under this to you what alternative provided to you. You have Agreement. We will bill you one arrangements for cable routing (if responsibility for obtaining any rights billing period in advance for the any) we can make. If, for any reason, and permissions necessary in order Services. You must pay your bill by we are unable to route the cable or for us to connect and maintain the the date specified in your bill. You you do not accept our routing Equipment. will be liable for the Charges from proposal, this Agreement shall the day on which we first make the 5.7 You warrant that you are the current

General Terms and Conditions 13 Services available to you unless we charge you a Late Fee as per the Direct Debit. This Agreement gives notify you otherwise. You agree that Price List. us authority to alter your variable you are liable for any Charges Direct Debit instructions according 6.3 Other Charges: We may also incurred on your account to the Charges from time to time charge you for the following, in irrespective of whether those applicable to the Services. We shall advance or otherwise, where Charges were incurred by you or notify your relevant bank or building applicable, including but not limited anybody else with or without your society each month of the sums due to: Connection Charges, Initial consent. Unless stated otherwise, all to us from your account. We are Payment Charges, Usage Charges, prices quoted by us and listed in our entitled to charge you a reasonable Access Charges, Cancellation Price List are inclusive of VAT and all administration fee if your Direct Charges, Paper Bill Fee, Itemisation Charges that appear on your bill are Debit order fails or you otherwise Fee and other Miscellaneous inclusive of VAT. We may vary our default in making payments to us. If Charges. If you want to change any Charges from time to time. We may your bank or building society is of the Services agreed to, we may alter your billing date or billing unable to make payment in any one charge you a reasonable frequency. Our Customer Charter month we reserve the right to administration fee. Any such fees includes explanations on billing immediately suspend any Direct will appear in the Price List frequency, non-payment of bills, Debit facility and demand a different or in the other documentation that disconnection and resolution of method of payment. we provide to you. To the extent disputes. Should you pay your bills permissible by law, we may charge 6.5 We are entitled to calculate charges via our electronic billing facilities you a fee for not using a particular for any period in order to bring your additional terms and conditions payment method or provide you with account into line with our billing apply. a discount for using a particular cycle, and for that purpose we 6.2 Late Fees: If you do not make your payment method. reserve the right to add the whole or payments on time we may withdraw part of any month’s (or other billing 6.4 Direct Debit: Unless otherwise any discount we may have given to period’s) Charges to future bills. determined by us in our absolute you for payment in advance or for discretion and notified to you, you 6.6 After the Minimum Period has any other reason and we may also will be required to pay your bills by expired, if you terminate this

14 General Terms and Conditions Agreement or any of the Services by us. We may require at any time Charges due under this Agreement between the dates when we issue that you pay such deposit as we on the due date(s) for payment of bills to you, you must pay all believe to be reasonable in the those Charges; or if not already Charges which have accrued since circumstances, as security for the repaid as per above, on termination the last bill was calculated and the Equipment and against non- of this Agreement, if you have paid proportion of any Access Charges payment of our bills or any other to us all Charges due and, subject to and/or Rental Charges which has breach any of the provisions of this your responsibilities in respect of accrued on a pro-rata daily basis up Agreement. loss or damage to the Equipment to the date of termination or under this Agreement and if the 7.2 We may use all or part of this cancellation of the Services. Equipment has been returned to us. deposit for payment of any If you breach any of the provisions of outstanding Charges, including, this Agreement you may at our without limitation, any amount 7. Deposits and discretion forfeit any deposit as due for the replacement value and/ required to compensate us for any Account Limits or costs of repair of the Equipment; losses. 7.1 We are entitled to carry out a credit or keep all or part of your deposit if check on you and to disclose you do not report to us the 7.4 We may require you to increase the information regarding your payment unauthorised reception of channels level of the deposit held by us or history to the usual credit agencies. or programmes. require a further deposit from you of If we conduct a check of your credit a reasonable amount at any time if 7.3 We will repay any deposit held (or worthiness and the results of that in our reasonable opinion we believe the balance of any deposit where check do not satisfy us or if we that your financial circumstances any part of it has been applied by us reasonably decide that all our have substantially changed and/or in accordance with this Agreement) customers or a certain category of there has been a significant material to you as soon as you have for a our customers must pay a deposit, increase in the Charges you are period of at least 12 months (or such we may require you to pay a deposit incurring since you signed this other period as we determine in our of a reasonable amount determined Agreement; or you are persistently complete discretion) paid to us all

General Terms and Conditions 15 late in making your payments Services until you do so or we may personal information together with to us or you breach any of the terminate this Agreement. other information for the purposes of provisions of this Agreement or we administration, credit scoring, have used all or part of a deposit in customer services, training, accordance with the above; and/or 8. Provision of marketing, tracking use of our you have exceeded your Account Information and Data services (including processing call, Limit with us. usage, billing, viewing and Protection interactive data), profiling your 7.5 In the circumstances set out above, 8.1 You are required to promptly and usage and purchasing preferences we may, as well as or instead of accurately give us all the information and providing you with services. We imposing a deposit, restrict the level that we request so that we can may disclose your personal of Services we provide to you, only perform our obligations under this information to Virgin Media or any allow certain methods of payment Agreement. You must also inform us Group Company and our and/or impose on your account a immediately of any change to any sub-contractors and agents for limit that the total unpaid Charges details you have provided to us, these purposes. For additional accrued on that account over a including changes to the Customer details regarding your privacy and certain period are not permitted to Provided Apparatus. We shall not be our use of your personal information, exceed, based on the Charges we liable for any expenses you please see our Privacy Policy, reasonably expect you to incur on incur or savings you fail to make as a located at virginmedia.ie. You have a your account (‘Account Limit’). We result of your failure to notify us of right to ask in writing for a copy of will inform you of this Account Limit. any changes or to the same. your information (for which we may You are not allowed to incur charge a small fee not to exceed Charges which exceed your Account 8.2 We may, subject to the relevant €6.35 or the amount permissible Limit over the period notified to you. legal and regulatory provisions, under the Data Protection If you exceed your Account Limit we whilst you are a customer and for as legislation) and to require us to have the right to request payment of long as necessary for the specified correct any inaccuracies. a deposit and if you do not pay this purposes after you terminate deposit we may suspend the purchasing Services, use your 8.3 From time to time, we, or a third

16 General Terms and Conditions party acting on our behalf, may purposes, we may occasionally contact you by mail, telephone, record or monitor telephone calls email, other electronic messaging or that you may make to our Customer fax with information about our Service Line or Customer Service products and services (including Department. We will keep these discounts and special offers). If you instances to a minimum. do not wish to receive marketing or 8.5 Should you choose to terminate your promotional information from us, relationship with us, you agree that please contact us in writing or by we will be free to contact you for calling 1908. If you contact us, marketing purposes post the please state whether you would termination of your contract unless prefer not to receive any you advise us otherwise. We will promotional material from us or contact you within 12 months of the whether you would like to receive termination of your contract to tell information from us by some but not you about products and services other methods (the options are: by that we believe might be of interest mail, telephone, electronic to you. You are free to opt out of messaging services, fax and email). receiving these communications. If Remember that if you say you do not you wish to opt out of these post wish to receive any promotional contract communications please material from us or our third parties, contact us by calling 1908, or writing this will preclude you from receiving to us at Virgin Media Ireland any of our special offers or Limited, LEDP Building, Roxboro, promotions. Limerick. 8.4 We will only discuss your account 8.6 You acknowledge that we may co- with you or with an authorised user operate with any court, tribunal, designated to us by you. For internal regulatory body, police authority or operational reasons or for training

General Terms and Conditions 17 other Competent Authority in any reasons. You agree not to do or the Services, terminating the investigations or proceedings allow anything to be done at your Agreement and/or our retaining the concerning you or your use of the Address that may cause damage to whole or a part of any deposit. Services. This may include disclosing or interfere with the Equipment or 9.4 On termination of this Agreement, or communications transmitted via the prevent easy access to it or recovery on cancellation of any Services or Services or other details regarding of it. Packages requiring Equipment, you your use of the Services to such 9.2 We may need to supply you with shall within fourteen (14) days of the authorities. additional equipment in order to date of termination or cancellation, provide you with the Services you unless otherwise agreed 9. Equipment request. If Equipment is provided to with us, arrange for us to collect at you separately, you may have to pay your residence at no cost to you or 9.1 We will supply you with the our reasonable additional charges. return to us in our offices at your Equipment to facilitate provision of Such additional equipment may be own expense, the Equipment. If you the Services. You must not use the subject to a separate agreement. fail to do so, we reserve the right to Equipment for any other purpose continue to charge you for the and must comply with all 9.3 From the time we deliver the Services until the Equipment is manufacturers’ instructions and any Equipment to you until you return the returned or to charge you an reasonable instructions that we may Equipment to us you must take unrecoverable equipment charge. give you regarding the use of the reasonable care of it. You must not You will be invoiced for the costs of Equipment. The Equipment belongs and must not allow anyone else repair or loss or damage to the to us (unless you specifically (other than our representatives) to Equipment under this Condition. purchase equipment from us under a add to, interfere or modify the written purchase agreement) and Equipment in any way and the 9.5 From time to time we may request you must not give anyone else any splitting of lines and or cable by you you to confirm for us the location of rights over it. We may add to or is strictly not allowed. As well as any the Equipment. If we do so request substitute it as necessary to provide other rights we may have, such you must respond to us promptly in the Services or for other valid action may result in our suspending good faith. You agree to notify us

18 General Terms and Conditions immediately of any loss or damage way by, for example, trying to sell it a result of its use in conjunction with to any part of the Equipment. or hire it to anyone else, or by our Equipment. putting it up as security for a loan, 9.6 You shall not be responsible for any mortgage or charge, or allow any of loss or damage to the Equipment to the Equipment to be seized under 10. Maintenance the extent that it is caused by us or any legal process. You shall not 10.1 We shall provide such preventative our employees or is due to a move the Equipment to another and corrective maintenance services manufacturing or design fault; or is location without our prior written as we consider necessary for the due to fair wear and tear. You agree consent; proper functioning of the Network that you shall be responsible for any and Equipment and for the provision loss or damage to the Equipment (iii) That you shall not remove, tamper of the Services to due to any other cause, regardless with or obliterate any words or you. Such maintenance may disrupt of how it happens. Willful labels on the Equipment; and the provision by us of the Services destruction or abuse of the (iv) That you shall take proper care at all under this Agreement. We will Equipment by you will result in times to prevent the loss or theft of endeavour to give you reasonable additional Charges being the Equipment. as much notice of such disruption as made. is reasonably possible. 9.8 Subject to this Agreement, and 9.7 You are responsible for ensuring that except as per paragraph 20, you 10.2 You agree that you will notify us of the Equipment is at all times kept may use your own Customer- any defect in the operation or safely and properly used and in this Provided Apparatus in conjunction performance of the Services by regard you agree: with the Equipment but we do not telephoning the Customer Service (i) While the Equipment is not in use, warrant that the Equipment is line (details of which appear on our electricity supplied to it is not turned compatible with or will work with Website) or by writing to the off and that it remains in the customer-provided apparatus. We Customer Service Department (the standby/rest mode; will not be liable in any way for any address of which appears on our loss or damage which is caused to website) who will always aim to (ii) That you shall not dispose of or deal your Customer- Provided Apparatus respond as promptly as possible with any of the Equipment in any or any data stored thereon arising as following notification of a defect.

General Terms and Conditions 19 10.3 Where you prevent us from carrying 11. Termination and out our maintenance (at a time previously agreed and arranged with Suspension of Services you) or if the maintenance necessary 11.1 As well as our other rights under law is the result of any one or more of and in this Agreement, we have the the following, then we will be right to terminate this Agreement or entitled to charge you a service fee suspend our provision of Services to (which will be notified to you from you without notice, and to be time to time by our published compensated by you for any literature and is set out in our Price losses or expenses incurred by us, if: List): (i) you do not make payments to us (i) Misuse or neglect of, or accidental when they are due or your Account or willful damage to, the Equipment; Limit is exceeded; or or (ii) you do not perform or observe any (ii) Fault in, or other problem associated other obligation under this with, your own apparatus, software Agreement (a ‘breach’) and where or any telecommunications system you have breached this Agreement not run by us; or and that breach can be remedied, (iii) Failure by you to comply with any you fail to remedy the breach within provisions of this Agreement. the reasonable time specified by us in our written notice requiring you to do so; (iii) a voluntary arrangement between you and your creditors is proposed, or a bankruptcy petition is presented

20 General Terms and Conditions or a bankruptcy order is made otherwise necessary or desirable to to be liable to pay all Charges which against you or you are sequestrated do so. are due for the Services and the or a receiver or trustee is appointed Equipment during the period of 11.2 Any exercise of our right to suspend in respect of your estate; suspension and any period in which the Services shall not exclude our you do not comply with this (iv) we have reason to believe that you right to later terminate this Agreement. Prior to restoring the have provided us with false, Agreement. We may refuse to Services following a breach of this inaccurate or misleading information restore the Services to you until we Agreement by you (which restoration either for the purpose of obtaining receive an acceptable assurance shall be at our absolute discretion), the Services and/or the Equipment from you that there will be no further we may require assurances from from us or at any time during the breach. you, a deposit from you or restrict provision of the Services and/or the 11.3 If, for reasons outside our control, the provision of the Services to you, Equipment; the provision or maintenance of the in any form that we deem (v) you or another person at your Services to you proves acceptable to ensure to our premises commits, or is suspected in impracticable, as determined in our satisfaction that there will be no our reasonable opinion of sole discretion, we may discontinue further breaches of this Agreement. committing, fraud or attempted the provision of the Services to you 11.5 As well as your other rights, you shall fraud in connection with the use of and refund you any Charges paid in have the right to terminate this the Services or the Equipment advance by you to us. Agreement by notice to us in writing (including the use of the Services or 11.4 If the Services are suspended as a if we fail to perform or observe any the Equipment to commit or attempt result of a breach of this Agreement material obligation under this to commit fraud); by you, we may impose a Charge to Agreement and (in the case of a (vi) you do or allow anything to be done reflect our costs incurred in breach capable of remedy) we fail to which is in breach of our User Policy; connection with suspending and/or remedy the breach within a recommencing the Services. In reasonable time from receiving from (vii) we are legally required to do so; normal circumstances such Charge you a written notice specifying such (viii) you violate paragraph 20; or must be paid before the Services will breach and requiring us to remedy it. be recommenced. You will continue (ix) in our reasonable opinion it is General Terms and Conditions 21 11.6 After the Minimum Period expires result in the deletion of your To exercise the right to cancel, this Agreement will continue until it remaining voice and email messages please contact us by post to PO Box is terminated by either of you or us as well as all other data, and the 11419, Blackrock, Co Dublin, via our giving the other one month’s prior closure of your email accounts and Customer Care contact number at notice. You must pay all relevant the disconnection of your telephone 1908 or on our website Charges up to the end of that one numbers, and we will be under no virginmedia.ie within the 14 day month notice period. liability to you in respect of such period. deletion, closure and disconnection. 11.7 If you terminate this Agreement Please note that if you request the before the end of the Minimum commencement of the performance Period other than in the 12. Cancellation Rights of the services during the circumstances outlined in Paragraph cancellation period, you shall be 12.1 Subject to paragraph 21.4 regarding 12 you must pay us a cancellation liable for an amount which is in ordering of Events, when you charges as per Paragraph 3. proportion to what has been purchase Services from Virgin Media provided up to the point you 11.8 Where this Agreement is terminated via our website or by telesales you cancelled your order in for any reason or if any of the have the right to cancel your comparison with your full contract, Services are cancelled we will be contract within 14 days from the day together with any chargeable usage. entitled to retain any money of the conclusion of your contract, (including deposit monies and/or the delivery of your equipment or Any refund due to you (less advance payments) held by us, and activation of your services, deductions due to Virgin Media) to apply that money towards any whichever is the later, under S.I. No. shall be discharged within 14 days of obligation or debt which you may 484/2013 - European Union the date of return of the owe to us. (Consumer Information, Cancellation Equipment to Virgin Media. and Other Rights) Regulations 2013 11.9 Termination or suspension of this as amended or any other legislation. Agreement for whatever reason may

22 General Terms and Conditions If you have any queries regarding the Services, such as power outages exceptional severity; the return of any equipment you and fluctuations in the internet. We (iv) Equipment, network or facility have received from us please will not be liable for any delay shortage; contact customer care at 1908. or failure to provide the Services, including access to emergency (v) The loss of electricity to your 12.2 After your cooling off period has services, or any interruption or premises; expired, you may cancel the degradation in Services, Services at any time, and the (vi) Any impediment to usage of the or any loss of data that is caused by Minimum Period obligations Service caused by any third party; any of the following: contained in Paragraph 3 will not (vii) Any act or omission by you or any apply, in the following (i) Any act or omission of an underlying person using the Service or circumstances: carrier, service provider, vendor or Equipment provided to you; other third party, or equipment, (i) if we change the Terms and network or facility failure; (viii) A failure of or defect in any Device; Conditions as per paragraph 16 you or may terminate this Agreement in (ii) Equipment, network or facility accordance with that paragraph; upgrade, modification, repair or (iv) Any other cause that is beyond our relocation; control. (ii) if we significantly reduce the content of the Services you may terminate (iii) Force majeure events, defined as 13.2 In performing any obligation under this Agreement by giving us one any event beyond our control this Agreement our only duty is to month’s notice within 30 days of including, but not limited to, an act exercise the reasonable skill and such change. of God, insurrection or civil disorder, care of a competent provider of war or military operations, national telecommunications and television or local emergency, a serious and services. 13. Limitation of Liability sustained power outage or severe 13.3 In no event will we be liable to you 13.1 Things beyond our control may Internet service disruption, flood, for any consequential or indirect affect the quality or availability of subsidence, or weather conditions of

General Terms and Conditions 23 losses, including but not limited to 13.6 We will not be liable for any loss or 13.7 You may enter into or seek to enter loss of revenue, profits, contracts or damage which arises other than into transactions with third parties in anticipated savings or wasted through our negligence or the relation to the sale, rental or expense, or any financial loss or loss negligence of our employees, agents provision of goods and services via of data or liability to third parties for or contractors. We do not restrict or the Services, for example the damage, or any general loss on exclude liability for: Internet or Interactive Services. We account of the loss of use of the will not be a party to such a. death or personal injury resulting Services. transactions and will not be liable from our own act or omission or the whether in contract, tort (including 13.4 We exclude all conditions and acts or omissions of our agents or liability for negligence), or otherwise warranties, other than those contractors while acting on our for any loss, cost or damage expressly set out in this Agreement, behalf incurred by you arising out of or in including any warranties implied by b. direct physical damage to your relation to the transaction or Statute if and to the extent that such personal property to an amount not attempt to enter into a transaction warranties and conditions implied by exceeding €100,000 in respect of (including but not limited to failure to Statute can be lawfully excluded. any one event or series of connected transmit or distortion of any 13.5 We exclude all liability in respect of events where such damage arises messages sent via the Services). You the accuracy, completeness, fitness from our own negligence, or the acknowledge that you access the for purpose or legality of any negligence of our employees, agents Services at your own risk and that information accessed using the or contractors whilst acting in the we have no responsibility for any Services, and we exclude all liability course of their employment by us. goods, services, information, of any kind for the transmission, or We exclude liability in excess of software or other materials the reception of, or the failure to €100,000 in respect of the matters accessed by you whilst using the transmit, or to receive any material set out in this paragraph b. save in Services. You agree that neither of whatever nature. respect of any of our liabilities which Virgin Media nor any Group cannot by law be excluded or Company is responsible nor liable restricted. for the quality of any content,

24 General Terms and Conditions merchandise, products or services 14. Software and 14.3 The Software is protected by (or the price thereof) made available copyright law. You may not copy the to you via the Services, for the Export Control Software, except to make a single representations or warranties made 14.1 Intellectual property rights in the copy for backup or archival by the seller or manufacturer of any Software remain our property or purposes. Any such copies shall be such item, or for damage to or injury, that of our licensors. You hereby subject to this Agreement and shall if any, resulting from the use of such agree to comply with any licences of contain all of the notices regarding item. The accessing and provision of software reasonably required by the proprietary rights as contained in information and third party services owner of any intellectual property the Software originally provided to by you via the Services shall be rights in any of the Software for the you. If you receive the first copy of subject to such third parties’ terms protection of that Software notified the Software electronically and a and conditions if any. by us to you or appearing on screen second copy on a tangible medium, the second copy may be used only 13.8 Where we supply the Services to you as part of the Services. for our then current standard pricing via your existing connection to 14.2 We hereby grant to you a non- and terms and conditions. You may another Operator’s Network it is exclusive licence to use the Software not lend, rent, lease or otherwise your responsibility to maintain your in executable form only. The licence transfer the Software. You agree not connection to such Operator’s granted to you under this Agreement to attempt to reverse engineer, Network and we shall not be is personal to you and may not be decipher, decompile or disassemble responsible or liable to you for failing sub-licensed, transferred, assigned, the Software or otherwise reduce it to provide the Services if such failure or otherwise disposed of. If you use to human readable form or arises as a result of any interruption the Software in any way which will knowingly allow others to do so, to or disconnection from the result in you being in breach of this except to the extent that applicable Operator’s Network or because of Agreement, or you attempt to laws specifically prohibit such failure or inadequacy in any transfer, assign or otherwise dispose restriction. You may not modify the Customer Provided Apparatus. of your licence to use the Software Software or create derivative works the licence will be terminated of the Software. immediately.

General Terms and Conditions 25 14.4 The Services may comprise 16. Changing the Terms hand or by prepaid first class post or software, services, technical electronic mail either:- information, training materials or and Conditions (i) to us: at the address on this other technical data which are We retain the right to amend, Agreement or on the last invoice or subject to the United States of modify or substitute these Terms to an alternative address notified to America Export Control Regulations and Conditions at any time and we you; or the laws or regulations of another will notify you in writing 30 days in country. You may not download or (ii) to you: at the address in this advance of doing so. Any such otherwise export or re-export the Agreement or to an alternative modification, amendment or Software or any underlying address notified to us. substitution shall also be posted on information or technology except in our website at virginmedia.ie. You Alternatively, if you take the full compliance with all United have the right to withdraw from this Television Service or Internet States and other applicable laws Agreement without penalty if you do Services we may deliver notices to and regulations. not accept the modification, you by sending them via the amendment or substitution. If you Network so that they are displayed 15. Assignment do not object to the modification, on your television or computer amendment or substitution by giving screen. This Agreement is personal to you notice to us within 30 days, the new and therefore it may not be assigned Terms and Conditions shall then or transferred by you to any other become applicable to you. 18. Miscellaneous person without our prior written 18.1 This Agreement is made solely and consent. For business reasons we specifically between and for the have the right to assign this 17. Notices benefit of the parties and is not Agreement together with any Unless otherwise detailed in this intended to be for the benefit of, and associated rights of access and Agreement, notices given under this shall not be enforceable by any installation at any time to any Agreement should be delivered by person who is not named at the date company or person.

26 General Terms and Conditions of this Agreement as a party to it, 18.4 Title, ownership rights and that provision or part of that and neither party can declare itself intellectual property rights in and to provision. a trustee of the rights under it for the the content accessed using the 18.7 Unless otherwise specifically agreed benefit of any third party. The terms Services is the property of the by us, you shall be eligible to benefit of this Agreement will apply jointly applicable content owner and may only from one promotional offer or and severally to all those agreeing to be protected by applicable copyright discount applicable to the Services. take Services under this Agreement. or other law. This Agreement gives Nothing in this paragraph shall imply you no rights to such content. 18.2 A reference in this Agreement to a the existence of your right to any statutory provision will, unless 18.5 No waiver by us of any default that promotional offer or discount. expressly provided otherwise, be you commit under this Agreement 18.8 We aim to resolve any dispute, interpreted as a reference to such shall operate or be construed as a including any query which may provision as amended or reenacted. waiver by us of any future defaults, relate to a refund, quickly and In this Agreement, unless the whether of a like or different satisfactorily. You can contact us by context requires otherwise, words in character. No granting of time or calling 1908 or by email to customer. the singular include the plural and other forbearance or indulgence by [email protected]. Details of vice versa; and words importing any us to you shall in any way release, our complaint and dispute resolution gender include all genders. discharge or otherwise affect your procedures are set out in our liability under this Agreement. 18.3 This Agreement represents the Customer Charter, a entire understanding between you 18.6 If any provision or part of a provision copy of which can be found at and us in relation to the subject of this Agreement is held invalid, virginmedia.ie. matter herein and supersedes all illegal or unenforceable for any 18.9 This Agreement is subject to the other agreements or representations reason, it shall be severed and the laws of the Republic of Ireland. made by you or us, whether oral or rest of the provisions in this written. Agreement shall continue as if the Agreement had commenced without

General Terms and Conditions 27 Television Terms and Conditions 19. Television 19.2 Our obligation to provide you with access to Virgin Media’s services Television Services is conditional without paying the relevant fees are Programming upon you obtaining and maintaining illegal and in breach of intellectual 19.1 Television programme contents, at all times a valid television license. property laws, the Broadcasting channels, packages of channels, Acts, the Conditional Access programming, programming 20. Unauthorised Use of Regulations and all other relevant schedules, broadcast hours of any legislation. Persons found to possess channel, channel allocations, Pay Television Service such devices for such use are open to both criminal and civil legal Per View Programmes, VOD and 20.1 It is illegal to copy, distribute copies, action. In addition to any other rights transmission times may change or show in public, or rebroadcast any and remedies we may have against channels or television programme part of the television programmes you, the use of such devices and may no longer be available. This or channels provided to you as part any unauthorised reception by you may occur for reasons beyond our of the Television Service without the of any channels or programmes, or control, including decisions of consent of the copyright owner. You your failure to report the programme providers or technical may only use the Television Service unauthorised reception of any difficulties, or for reasons that we for private, residential (within your channels or programmes were not aware of nor could not private household or dwelling, immediately to us, will result in our have foreseen at the time the unless advised otherwise by us in suspending the Services or programme was advertised or respect of individual channels) non- terminating the Agreement and scheduled, or if we believe it will commercial use and it must not be retaining the whole or any part of improve the Services or for accessible by the general public or any deposit. commercial reasons. We shall not be in a communal viewing area or in a liable to you for any such changes, commercial premises. 20.3 We may disable or alter some lack of availability or failure to functions of the Equipment so as to 20.2 The purchase, installation, sale and/ transmit any advertised television stop you from copying certain or use of unauthorised set top boxes programme or channels or to do so channels, programmes or Events in and other such devices to gain at the advertised time. order to prevent the unauthorised

Television Terms and Conditions 29 copying of such Services. If the 21. On Demand TV purchase. The Charges will appear Equipment allows copying of these subsequently on your bill. You hereby then we may prevent you (if we are and Pay Per View consent to us recovering the bound by contract to prevent such Programming Charges under any direct debit/ copying) receiving the Services. credit card instruction you have 21.1 Access to On Demand TV is subject given to us or in our favour. Charges 20.4 You will be responsible for any to network availability. Virgin payable by you will be calculated by claims made against us or losses we Media does not warrant or us using our records of Events you may suffer as a result of actual or guarantee that On Demand TV is purchase. If you order an Event on claimed copyright infringement available at your address and while more than one television via any committed by you or any other making every effort to ensure that additional set top box you may incur person in your home in relation to On Demand TV is fault free Virgin a separate Charge for each set top the Television Service. Media gives no warranty or box on which you purchase the guarantee that On Demand TV will Event. be fault free. In addition you must have a set top box, which supports 21.3 Your ability to purchase Events will On Demand TV functionality. If you be subject to satisfactory credit do not have a set top box or have a checks and/or payment record. We set top box which does not have On may refuse to supply you with an Demand TV functionality you may Event either at all or until amounts order a new set top box by overdue for previously provided or contacting Virgin Media. A charge other Services have been cleared. will be applied for the set top box. 21.4 You acknowledge and agree that 21.2 If you order an Event or Events a once an Event has been purchased, Charge may apply. We will notify the Event commences immediately. you in advance of the Charge for By purchasing an Event you are each Event. You must pay us the therefore providing your prior Charges for each Event that you express consent to the

30 Television Terms and Conditions commencement of the Event and 21.6 Age classifications provided are for you acknowledge that you lose the guidance only and Virgin Media right to cancel as per Regulation makes no representation or 13(2)(b) of the S.I. No.484/2013 - warranty as to the suitability of any European Union (Consumer Event for persons under 18 years of Information, Cancellation and Other age. Parents are responsible for Rights) Regulations 2013 as ensuring that where a minimum age amended recommendation is provided for an Event, the Event is not viewed by 21.5 You agree that you will only view the persons under that minimum age. Event for your own private, Parents should exercise their own residential and non-commercial use parental control to ensure that any and you may not levy a charge on Event or Events watched by their others to view the Event. Events will children are suitable. For the only be available to view for the additional security of minors Virgin period specified. The DVR Service Media advises all parents to change referred to at paragraph 22 of these the default pin code that has been terms and conditions does not apply provided to them. For information on to On Demand TV Events or Pay Per how to change the default pin code View Programming. Purchase of a go to virginmedia.ie. particular Pay Per View Programme entitles you to receive only that Pay 21.7 You acknowledge and agree that Per View Programme and no other Virgin Media is not the channel Pay Per View Programme. Under no provider or producer of any Events circumstances will we be liable for and has no editorial control over On any mistakes in our electronic Demand TV or Pay Per View programming guide. Programming, Virgin Media does not

Television Terms and Conditions 31 warrant, guarantee, or endorse any 22.2 We do not guarantee and shall have addition, we also reserve the right to Event or Events and accepts no no liability regarding the access to continue to charge you for the liability whatsoever in respect of any or recording of any particular Services until the Equipment is claims made including claims that programme or the length of time any returned or the unrecoverable an Event contains content that is particular recorded programme may equipment charge is paid by you. harmful, indecent, obscene, remain available for your viewing. You will be invoiced for the costs of defamatory or blasphemous. You can only view television repair or loss or damage to the programmes recorded via the DVR Equipment for which you are Service if you are currently responsible under this Condition. 22. Digital Video subscribed to the channel Recording (DVR) package that is the source of the Services recorded television programmes. 22.3 On termination of this Agreement, or 22.1 If available to you, DVR Service is a on cancellation of the DVR Service, separately sold service provided at you shall within fourteen (14) days of rates as per our Price List requiring the date of termination or DVR enabled Equipment. DVR cancellation, unless otherwise Service gives you the ability to see agreed, arrange for us to collect at and record certain linear televised your residence at no cost to you or programmes. We may, at our return to discretion, from time to time change, us in our offices at your own add or remove features of the DVR expense, the Equipment. If you fail to Service, or change the service fee do so, we reserve the right to charge for DVR Service. you an unrecoverable equipment charge of €150 or as otherwise provided in our Price List. In

32 Television Terms and Conditions Internet Services Terms and Conditions 23. Internet Services accessed at virginmedia.ie. You must not use the Services or 23.1 We reserve the right to monitor and knowingly or otherwise allow any control data volume and/or types of other person to use the Services in traffic transmitted via the Internet any way that violates this Services as well as monitoring the Agreement or the User Policy. If we Services for abuse or breach under believe that the Services are being the Agreement or User Policy. We used in violation of the User policy reserve the right to restrict access we are entitled to suspend or to the Services and to impose data terminate any or all of the Services traffic restrictions at our discretion, as per this Agreement or the User in order to implement new facilities, Policy. allow data retrieval and maintain 23.3 You are responsible for ensuring that Service levels. You expressly accept you do not exceed your allocated that any such actions on our part data transfer limits and data storage may affect the quality and quotas for webspace, e-mail or other availability of the Internet Services. data storage or back-up. Details of Where practicable you will be such data transfer limits and advised of any such measures by allocated storage quotas can be e-mail at an address that you have found on our Website. We are not notified to us or of which we are responsible for any negative otherwise aware, and/or via our consequences for your failure to Website, within a reasonable do so. If you exceed your allocated timeframe. data transfer limits and storage 23.2 You agree at all times to comply quotas, we are entitled to suspend with our User Policy, which can be or terminate any or all of the

34 Internet Services Terms and Conditions Services as per this Agreement or any third party. You acknowledge the User Policy. We shall also be that we cannot guarantee that any entitled to charge for such excess Name requested by you will be usage and for excessive data available or approved for use. We transfers. We do not guarantee may require you to select a access to your stored data and shall replacement Name and may have no liability to you in the event suspend the Services if, in our that your data is damaged, opinion, there are reasonable corrupted, or otherwise lost. You grounds for us to believe that your acknowledge that we allocate IP current choice of name is, or is likely addresses dynamically and these to be, in breach of the provisions of may change from time to time our User Policy or this Agreement. without notice. 23.6 Any Internet address allocated by us 23.4 Upload and download speeds shown to you will at all times remain our assume all technologies are working sole property and you will have a at optimum speeds; in practice, non-transferable licence to use such numerous factors beyond our control Internet address for the duration of can cause speeds to vary. this Agreement. In the event this Agreement is terminated, for 23.5 You represent and warrant that you whatever reason, your licence to use are the owner of, or that you have the Internet address shall been and are duly authorised by the automatically terminate and owner to use, any trade mark or thereafter you will have no right to Name requested or allocated as use the Internet address. your Name, and that the use of any such trade mark or Name does not 23.7 No authority or representation is conflict with or infringe the rights of given by us that you have the right to

Internet Services Terms and Conditions 35 use proprietary material belonging to any third party, or that we have any control over the use by others, whether subscribers to the Services or not, of any of your proprietary material. 23.8 We make no representation or warranty that any software or content installed on your computer(s) or downloaded from the Service does not contain a virus or other harmful feature or software and it is your sole responsibility to take appropriate precautions to protect any computer or other hardware of yours from damage to or loss of its software, files or data, or its improper operation, as a result of any such virus or other harmful feature or software.

36 Internet Services Terms and Conditions Internet Services Terms and Conditions 37 Digital Telephony Terms and Conditions 24. Telephone Number us, in writing, should you wish any that the number of calls or charges such information to be withheld or for calls made by you indicate that and Directory if you wish to opt out of the the Services are not being used in a 24.1 If you accept the Telephone Service National Directory Database and if manner consistent with normal we will allocate a number to your this is your wish then we shall only residential usage or that you are telephone line. The telephone disclose such information if and to otherwise in violation of this number and any rights in it belong to the extent that we are legally agreement. We will make us and, subject to Paragraph 27 required to do so. We do not accept reasonable efforts to contact you below, you may not sell or agree to any liability whatsoever for a failure before suspending or terminating transfer the number to any person. by the Operator to whom we the Services but we are not liable We are entitled provide such information to comply for any loss you may suffer through to change your telephone number or with any listing request that you any suspension covered by code number or the specification of make to us or to that Operator. this condition. the Services for operational reasons but will always endeavour to advise 25. Fraud, Nuisance 26. Voicemail you of this by giving at least 30 days’ prior notice. High Usage and We reserve the right to suspend any Prohibited Calls voicemail account that not has been 24.2 We do not provide a telephone accessed for a consecutive period of directory service. You agree that we The Services are for normal 5 months without prior consent or may make your name, address and residential use, including any notification. A suspended voicemail telephone number available to the unlimited calling plans. The use of account may be reactivated by emergency services and to any the Services for telemarketing and contacting customer services or our other licensed public the use of auto-dialers in online resources. In case of a telecommunications operators for connection with the Services are suspension, we reserve the right to the purpose of telephone prohibited. We can suspend or delete the content of a voicemail directories and a public directory terminate the Services if we account at the time of suspension, enquires service. You must notify determine, in our sole discretion, including any greetings and any

Digital Telephony Terms and Conditions 39 saved voicemails. In case a 28. Disclaimer of Liability accordingly in advance. suspended account remains 28.2 It may not be possible to accurately suspended for an additional and Indemnification/ determine the exact geographic consecutive period of 1 month, we Emergency Services/ location of a Digital Telephony caller. reserve the right to terminate the An emergency operator ot other voicemail account. Connected Services operator answering your call may 28.1 Digital Telephony telephone service not have your physical location or 27. Number Transferability provides access to emergency address information, so you must be services free of charge. However, prepared to give them this If you move to another service Digital Telephony services depend information. Until you give the provider you may be entitled to port on access to an electrical supply and emergency operator or other the telephone number(s) that you the internet. If there is an internet or operator your location, they may not used in connection with your electricity outage for any reason, be able to despatch help if the call is Services to your new service such outage will prevent all Digital not completed, is dropped or is provider. If you wish to port your Telephony Services, including the disconnected, or if you are unable to telephone number(s), please call dialling of emergency services and speak. 1908. You accept that the price we any other connected services, charge for a Package of Services including but not limited to alarm may be lower than the price of those systems or medical monitoring Services individually. If you take a systems, from functioning. In the Package of Services, but later event of such an outage we advise choose to remove one of the customers to use alternative Services from your Package, you methods, such as mobile telephones, accept that Virgin Media will charge to access emergency services or any you for the remaining Service or other connected services. We also Services in accordance with the advise customers to plan Virgin Media Price List.

40 Digital Telephony Terms and Conditions 28.3 There may be a greater possibility of disclaim all responsibility for the network congestion and/or reduced conduct of emergency response speed in the routing of calls to centres and connected services emergency services or connected providers. Neither us nor our officers services made utilizing the Service or employees may be held liable for as compared to traditional calls to any claim, damage, or loss, and you emergency services or connected hereby waive any and all such claims services dialled over traditional or causes of action, arising from or public telephone networks. You relating to accessing emergency should inform any household services or connected services residents, guests and other third unless such claims or causes of persons who may be present at the action arose from our gross physical location where you utilize negligence or wilful misconduct. You the Services of the important shall defend, indemnify, and hold us differences in and limitations of and our officers, directors, Digital Telephony dialling as employees, affiliates and agents and compared with traditional phone any other service provider who service, as it relates to access to furnishes services to you in emergency services and connected connection with the Service services. harmless, from any and all claims, losses, damages, fines, penalties, 28.4 We do not have any control over costs and expenses (including, whether, or the manner in which, without limitation, attorneys’ fees) calls using our Digital Telephony by, or on behalf of, you or any third service are answered or addressed party relating to the absence, failure by any emergency response centre or outage of the Service, including or connected services provider. We the inability of any user of the

Digital Telephony Terms and Conditions 41 Service to be able to access emergency services or connected services. 28.5 Virgin Media will use reasonable endeavours to guarantee the security of your calls, however, the security of your calls is not guaranteed and we accept no liability with respect to call confidentiality. 28.6 Further information on Digital Telephony telephone services can be found on the Commissioner for Communications Regulation (ComReg) website at http://www. comreg.ie/, (in particular ComReg Document No. 05/50). (Effective Date 28 January 2013)

42 Digital Telephony Terms and Conditions Supplemental Terms and Conditions For self-install customers These terms and conditions are cable or software. 2. Acceptance of Orders supplemental to Virgin Media’s General ‘Delivery Address’ means the address as Terms and Conditions (see virginmedia.ie). The information displayed online or specified by you on the order form or Definitions contained in the General provided by Virgin Media sales during the order process by telephone Terms and Conditions and which are used representatives, including prices, does not where the Equipment ordered shall be in this document (the ‘Supplemental constitute an offer but rather an invitation delivered. Terms and Conditions’) have the same to treat. meaning unless the context particularly ‘Order’ means an order made by you for All orders for Services by you shall be and expressly requires otherwise. In all Virgin Media Services including the deemed to be an offer and are subject to other regards words shall have their provision of Equipment for Self-Install. acceptance by Virgin Media, which shall ordinary meaning. ‘Self-Install or Self-Installation’ means occur upon delivery and your order shall the installation by you personally, be deemed accepted upon delivery of the 1. Definitions independent of Virgin Media or its agents, relevant order of Equipment to you for of the Equipment provided to you by Us Self-Install. Use of the Services by you ‘Agreement’ means the entire contract for the purpose of accessing the service in shall also be unequivocal confirmation of between you and Us comprising the order accordance with guidelines issued by acceptance by you of these Supplemental form, General Terms and Conditions and Virgin Media. Terms and Conditions and the General Supplemental Terms and Conditions. Your Terms and Conditions. order may also be placed by telephone or ‘Service Address’ means your residential online and we do not require further address in the Republic of Ireland where confirmation in writing from you. the Equipment is or is to be connected/ 3. Delivery installed in accordance with this ‘Equipment’ means all equipment and Virgin Media shall endeavour to deliver Agreement. replacements thereof supplied by us or on your order within five (5) working days, our behalf to you in connection with ‘Us’, ‘Virgin Media’ or ‘We’ means Virgin however delays may occur. All orders are provision of any of the Services provided Media Ireland Limited with a registered subject to availability. Virgin Media is not to you under this Agreement including address at Building P2, Eastpoint Business liable to you for any delay in making (without limitation) any cable modem, Park, Clontarf, Dublin 3. deliveries.

44 Supplemental Terms and Conditions Virgin Media give no undertaking from time to time. We refer you to any reasonable instructions whatsoever that We shall deliver the paragraph 2 of the General Terms and that We may give you regarding the use Equipment on, or by, a certain date, and Conditions. of the Equipment. The Equipment belongs We shall not be liable to you for any delay to Virgin Media. You must ensure that any in delivering the Equipment or Services equipment connected to or used with the Virgin Media or representatives of Virgin 5. Use of Service Virgin Media Equipment must be Media shall deliver the Equipment to the You acknowledge and agree that the connected and used in accordance with Delivery Address during the hours of 9am delivery address may be different to the all applicable instructions, safety and to 5pm. Delivery is confirmed by the Service Address. You agree and warrant security procedures as provided by Virgin signature of any party presenting as that you shall only use the Equipment at Media. You acknowledge that the occupier of that address at the time of the Service Address as specified by you Equipment is intended for use with the delivery or person nominated by you at on the order form, contract and/or (if Virgin Media services. Equipment must that address. Virgin Media is not liable to relevant) during the order process by not be resold, transferred or otherwise you for ensuring personal delivery to you. telephone. distributed for commercial purposes. No Equipment shall be delivered outside The Services and the Equipment are only of the Republic of Ireland or to PO Boxes. provided under this Agreement for 7. Charges and Payment residential customers and are for Charges for the delivery of the Equipment 4. Provision of Services residential, non-commercial use only. are specified at the time you submit your The Services shall be provided by way of order. Please see paragraph 6 of the Self -Installation. We are not responsible if 6. Equipment General Terms and Conditions in relation you are unable to access the Services due to charges and payment methods. We shall supply you with the Self-Install to the fact that your own apparatus or Equipment to facilitate provision of the equipment is incompatible with the Services. You must not use the Equipment Services provided, or does not conform for any other purpose and must comply to the minimum specifications published with all manufacturers’ instructions and by Us on our website or advised by Us

Supplemental Terms and Conditions 45 8. Cancellation of Order If the Equipment has been ordered online, over the telephone through our telesales team or other distance selling method, you have the right to cancel the order as per paragraph 12 of the General Terms 10. Termination and Conditions. Please see paragraph 11 of the General Terms and Conditions 9. Warranties You undertake and warrant that all 11. Severability information provided to Virgin Media for If any provision or part of a provision of this the purpose of making an Order is true Agreement is held invalid, illegal or unenforceable and accurate. In particular you undertake for any reason, it shall be severed and the rest of and warrant that you are resident in the provisions in this Agreement shall continue as Ireland, are over 18 years of age and if the Agreement had commenced without that legally entitled to enter into and sign a provision or part of that provision. contract. You warrant that the bank information provided (including but not limited to credit card and bank account 12. Governing Law numbers) is correct and that you are fully This Agreement is subject to the laws of the entitled to use the banking information Republic of Ireland. and that there are sufficient funds to cover any order.

46 Supplemental Terms and Conditions Supplemental Terms and Conditions 47 VM/08.15/V.1