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.