This Contract is with British Sky Broadcasting Ltd, Grant Way, Isleworth, Middlesex TW7 5QD ("Sky") which is providing a remote Sky+ recording request service via your mobile phone or the Internet (the "Service"). References below to "we" or "us" are references to Sky. You can only use the Service if your household has a Sky set top box with personal video recording functionality i.e. either a Sky+ box or Sky+HD box ("PVR box") and you have a Sky+ subscription required to get the PVR functionality on that box (free for Sky TV customers, otherwise the then applicable charge for Sky+ functionality is applicable). Before you can use the Service you must get the consent of the Sky+ subscriber in your household. By using the Service you agree to be bound by the terms and conditions of this contract. If you want to speak to Sky's customer services you can contact us by calling 0844 241 0800 for UK customers or 0818 716 058 for ROI customers, or you can write to us by email at remoterecord@bskyb.com. You can request a hard copy of these terms and conditions by calling the customer services number above or you can print a copy from the Sky+ Remote Record pages on sky.com.


1. The Service

1.1 The Service allows you to make requests to record programmes on your PVR box using your mobile phone or via the internet. Once the Service receives a recording request from you, it will search for the programme you wish to record and then forward your recording request to your PVR box. The Service is a messaging service and not a recording service. There are three ways to make a request. You can do this by:

1.1.1 sending a text message using the Short Messaging Service (SMS) on your mobile phone. Your recording request will be sent via the Service to your PVR box. You will be charged for using this method of access;

1.1.2 selecting the programme from the programme grid displayed on the Sky mobile application on your mobile phone (the "Sky Mobile Application"). Your recording request will be sent via the Service to your PVR box. Depending on the type of mobile phone you have, you may be required to subscribe to the Sky Mobile Application in order to access the Service ; or

1.1.3 selecting the programme from the programme grid displayed in the TV Guide section of sky.com, in an advert or email on sky.com or on any third party website which allows access to the Service. Your recording request will be sent via the Service to your PVR box. You may only access the Service via sky.com if you have registered your details in the My Sky area on sky.com. The terms and conditions for the Sky Mobile Application and sky.com will also apply to you in so far as they relate to your use of the Service.

1.2 You can refer to the User Guide located in the Remote Record pages in the Sky Products area of Sky Active and also on sky.com/remoterecord for detailed instructions on how to access and use the Service.

1.3 If the programme you request cannot be found or if for any other reason the programme cannot be requested for recording then you will receive an information message from the Service. You will not be charged for an information message.

1.4 If you are using the Service via SMS on your mobile phone, if the programme requested can be found, the Service will send you a recording request confirmation message (Request ). This message confirms that your programme is available to be requested for recording using the Service. It is not a guarantee that your programme will be recorded as this does not form part of the Service.

1.5 You must make your recording request at least 30 minutes before the start of your programme and no longer than 7 days before the date and time of the programme.

1.6 Capacity and priority restrictions operate on your PVR box and this may affect your use of the Service. See the user guide for the Service and for your PVR box for more details.

1.7 Up to 8 My Sky account holders in any one household may register for the Service, however, you may only register one PVR box to each My Sky Account.

1.8 You are unable to cancel a recording request once it has been made. If you delete recording requests from your Sky+ planner you will still be charged for the Request Confirmation if you are receiving these requests by SMS.

1.9 You must make a separate recording request for each programme and you cannot use the series link function available on your PVR box via the Service.


2. Payments and Charges

2.1 You will be charged 25p (UK) or E0.50 (ROI) for each Request Confirmation you receive via the SMS method of access. This charge will appear on your mobile phone bill. Subject to the charges set out in clause 2.2, you will not be charged for using the Service via the Sky by mobile application or sky.com.

2.2 Your mobile network provider and/or your internet service provider will charge you for your use of the mobile network and/or the Internet in accordance with their standard charges under the relevant contract you have with them.


3. Liability

3.1 The Service is not a recording service and as such Sky accepts no liability for failed recordings on your PVR box. A request may not result in a programme being recorded for a number of reasons. This may include: adverse weather conditions, changes in scheduling, incorrect dish alignment, someone deleting the programme on your PVR box, unusually high numbers of people using the Service, a malfunction in your PVR box or capacity and priority restrictions on your PVR box.

3.2 Except as required by law we will not be responsible or liable for the fitness for a particular purpose of the Service, or for any loss or damage caused by:

(a) failure, interruption or delays to the Service caused by events outside our reasonable control;
(b) your negligence or your failure to follow our reasonable instructions or the terms of this Contract;
(c) us or our employees or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care owed to you by us or our employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of any breach;
or to the extent that such loss or damage results from any breach by you of this Contract.
(d) any incompatibility of the Service with any hardware and/or software on your mobile phone or computer.


4. Privacy and Personal Information

4.1 You confirm that any member of the British Sky Broadcasting group may use and share information we hold about you with other companies in the group and third parties for market research and the sale and marketing of products and services. This may include sending you marketing by email or SMS about similar products and services unless you advise us of your preference not to receive such forms of marketing.

4.2 If you have not already told us that you do not want to receive marketing by email or SMS, or us to share information about you with companies outside the British Sky Broadcasting group, then please call 08442 414141.


5. Changes to this Contract

If we amend this Contract you will be notified on Sky Active and sky.com. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes.


6. Term and Termination

6.1 This Contract will become effective when you start using the Service.

6.2 The Sky+ subscriber may suspend all accounts attached to the PVR box in your household by going to Remote Record in Sky Products on Sky Active and selecting Suspend All Accounts.

7. Right To Transfer The Contract and Third Parties

7.1 We can transfer our rights and obligations under this Contract to any company, firm or person. We can only do this if it does not affect your rights under this Contract in a negative way. You may not transfer your rights or obligations under the Contract to anyone else.

7.2 This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to Clause 7.1.


8. Law

This Contract is governed by English Law. If your address is in the UK, all disputes will be dealt with by the courts in England and Wales or any other UK court that could lawfully deal with the case. If your address is in the Republic of Ireland, all disputes will be dealt with by the courts in England and Wales or in the Republic of Ireland.