Online pricing is exclusive to online purchases.
£15 credit: We will credit £15 to your Sky digital account if you join Sky TV online or upgrade your existing Sky box online by 30/09/08. Credit will be made to your Sky digital account within 60 days of your Sky TV viewing card being enabled.
Standard set-up for new customers: Standard set-up is free for new Sky TV customers buying a Sky+ box online by 25th September 2008 or £30 for new customers taking a Sky+ HD box and HD Mix or Sky Talk and Sky Broadband (otherwise £60). Set up is £120 for non-Sky digital subscribers. Sky Talk is free of set up costs. Non-standard set up may cost extra.
Standard set-up for existing customers: Standard set-up for existing Sky TV customers taking any Sky box and combination of Sky services is £60, or for existing customers taking Sky Broadband without another Sky box: Base - £75; Mid & Connect - £50; Max - £25 or if you already have or take Sky Talk: Base - £50; Mid & Connect - £25; Max - £0. Non-standard set-up may cost extra.
Sky digital Subscription: Sky TV Packages currently £17 - £47 per month. Sky Box Office movies/events cost extra. Sky News and Sky Three are available without a subscription, Sky Three, Ch4, Five, Five US and Five Life require a viewing card.
Free Sky box offer: You do not have to subscribe to Sky digital. Offer limited to one per household. You are ineligible if you have entered into an Interactive Discount Contract or a Sky TV Month by Month equipment offer or your household has benefited from either.
Sky+: Sky+ box is normally £150 with Sky TV or £75 when you spend an extra £10 per month on Sky Talk, Sky Broadband and/or Sky Multiroom. You will be charged an extra £75 if you cancel your order for these extra services before activation. Otherwise £199. Only compatible with digital satellite. Sky+ can store an average of 40 hours of programmes. Sky+ subscription required to use Personal Video Recorder features (free for Sky TV customers, otherwise £10 a month). Sky selects your equipment. Only one discounted Sky+ box per customer. Additional Sky+ boxes charged at the full applicable standard price. Sky+ box is £199 plus £120 standard installation for non-Sky TV customers.
Sky+ HD: The channels you receive with the HD Mix depend on your Sky digital package. With Sky Sports 1, 2 and 3, Sky Movies 1 and Sky Movies 2 you’ll get the respective HD channels; with Sky Movies Mix (Sky Movies 1 and Sky Movies 2) you’ll also get Sky Movies Premiere HD. To get Sky+ HD, you require a Sky TV subscription, a Sky+ HD box and you need to subscribe to Sky+ HD by taking the HD Mix (£10 extra a month). Sky+ subscription required to use the Personal Video Recorder features of the Sky+ HD box (currently free while you subscribe to any Sky TV package, otherwise £10 per month). Sky+ HD box £150 when you take Sky TV and the HD Mix.
Multiroom subscription: £10 a month. Provides the same Sky digital channels as your main Sky digital subscription on a second box in another room. You must be a Sky digital subscriber at all times during your Multiroom subscription. Boxes that receive your first and Multiroom subscription(s) must all be connected to the same fixed telephone line at all times. An extra box is required for each Multiroom subscription. To receive Sky+ HD in another room, you'll also need a second Sky+ HD box and an additional Sky HD mix. If you do not take up the free Sky box offer, a standard Sky box costs £49.
General: Offers exclude Sky TV Month by Month customers. Free Sky/Sky+/Sky HD box must be connected to a fixed telephone line for 12 months. Non-standard set-up may cost extra. Minimum Sky digital/Sky+/Sky HD/Multiroom subscriptions 12 months. Channels/programmes subject to change. Further terms apply. Information only applies to residential customers in UK, Channel Islands and Isle of Man. Calls cost 5p per minute (plus a 6p connection fee) for BT customers. Charges from other providers may vary. Information correct at 1 September 2008.
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First, here are some key points that you should note:
You must be an active Sky TV subscriber at all times during this Contract. If your Sky TV Contract ends or your viewing is suspended, Sky Broadband may be too (Conditions 1(c) and 11(b)).
The Sky Broadband Product you have chosen is for a minimum of 12 calendar months from the date your telephone line is first activated by BT to receive Sky Broadband (the Minimum Term), unless you or we are allowed to end it earlier (Condition 11).
Your use of Sky Broadband, and that of those you allow to use Sky Broadband, must comply with our Usage Policies. You are responsible under this Contract for the use of Sky Broadband by any person you allow to use it (Condition 2(c) and Usage Policies).
Sky Broadband is variable and our prices, Products and the Sky Broadband Extras can change, even during your Minimum Term. However, if we reduce the level of service provided by your chosen Product and you reasonably consider that you have been disadvantaged by this you will have a right to move to another Product or end this Contract. You can also end the Contract during your Minimum Term if we increase your Sky Broadband Payment more than once, or by more than 10% or the annual increase in the UK Retail Price Index, whichever is the greater. If you wish to end this Contract in these circumstances, then you need to let us know within one calendar month of notice of the change (Conditions 7(a), 11(c) and 11(d)).
How information we hold about you can be used
By subscribing to the services offered by Sky Broadband S.A. (“Sky”) you are agreeing that the information and personal data you provide to it and information about your Broadband Box and your Sky account (“Data”), may be used for the following purpose: execution of this Contract; administration of your Sky Broadband account (including transferring Data with its agents located outside the EEA for this purpose (being, as at the date of this Contract, the Philippines, the United States of America and India)); marketing of Sky’s products and services and market research. Sky may also share Data with credit reference agencies and other companies including for use in making credit decisions, for fraud prevention and to pursue debtors.
Sky Group Companies include:
(i) Sky Subscribers Services Limited;
(ii) British Sky Broadcasting Limited;
(iii) Easynet Telecommunications Limited; and
(iv) Sky In-Home Service Limited.
Sky's agents include:
(i) Google Inc.; and
(ii) Google Ireland Limited.
You expressly agree that Sky and the Sky Group Companies may receive and use the Data for administration of your Sky Broadband account, the marketing of their respective products and services and market research.
Marketing by Sky and the Group Companies may include sending you information by email or SMS about similar products and services (unless you advise Sky of your preference not to receive such marketing).
You also agree that the Data held by Sky and the Sky Group Companies may be shared with other third party companies located in the UK or the Republic of Ireland, including for sales, marketing and market research purposes, unless you advise us of your preference not to share such information with third party companies.
If you wish to let us know that you don't want to receive marketing by email or SMS, or that you don't want us to share Data with companies outside the Sky Group Companies, or if you wish to obtain access to your Data, please call Sky Customer Services on 08442 414 141.
Your personal data will not be retained for longer than required for the purposes of its processing, subject to any limitation periods imposed by law.
Calling Sky
Calls to and from Sky Customer Services may be recorded or monitored for training and other quality purposes.
Here are the detailed Conditions of Sky Broadband:
These are the terms and conditions (“Conditions“) on which Sky's broadband internet access and Email Tools (See Condition 4(a)) (“Sky Broadband“) will be provided to you. Further terms and conditions are set out in the Sky Broadband Usage Policies (“Usage Policies“). Together they make up your Sky Broadband subscription contract (“Contract“). Any use of Email Tools via sky.com will also be governed by Sky's privacy policy at www.sky.com.
Please note:
Any additional features, content, services and applications will be available for Sky Broadband subscribers on, or via a link from, www.sky.com (“Sky Broadband Extras“). These may be provided by another member of the British Sky Broadcasting group or a third party and are not covered by this Contract. The terms and conditions that apply to them will be available at, or via links from, www.sky.com. The Sky Broadband Extras available will change from time to time and any changes will not affect this Contract.
This Contract is with Sky Broadband S.A. (“Sky”), which is responsible for providing broadband internet access and Email Tools and your Sky Wireless Router (“Wireless Router”). Sky Subscribers Services Limited (“SSSL”) provides customer services and Sky In-Home Service Limited (“SHS”) delivers Wireless Routers and provides installation services, in each case in relation to Sky Broadband, as an agent for Sky. References below to "we" or "us" shall be read as references to Sky. You can contact us at PO Box 43, Livingston, West Lothian EH54 7DD or call 08442 410 515.
1. Sky Broadband and who can get it
(a)We offer a number of subscription products ("Products"), currently known as Base, Mid, Max and Connect. Full details of the Products available from time to time are set out on www.sky.com/broadband .
(b) Availability of Products will vary depending upon your location.
(c) To take Sky Broadband you must be 18 years old or over and your home must be in an area of the UK where Sky Broadband is accessible. You must also have an active Sky digital subscription (“Sky TV”) under a Sky digital subscription contract (“Sky TV Contract”). If your Sky TV viewing is suspended or ends under the terms of your Sky TV Contract, we may also suspend or end (as applicable) the provision of Sky Broadband.
(d) Sky Broadband will be provided to you at your home in the UK where you receive Sky TV (“Address”). You can only have one Sky Broadband subscription per Sky TV Contract (excluding any Sky Multiroom subscriptions).
(e) In order to use Sky Broadband:
(i) your computer must meet the required specification given from time to time via www.sky.com/broadband and
(ii) the telephone line you use to access Sky Broadband must be a BT compatible fixed and operational line to your Address (“your Line”).
(f) The Connect Product will only be offered to you if your Line cannot be connected to our network. If you have the Connect Product and it becomes possible to connect your Line to our network, we may do this automatically and you will be placed on the Mid Product and charged at its standard rate (which will not exceed the rate for Connect and will provide at least the equivalent service). We will notify you of this change. If you wish to choose another Product, you can do so by calling us within one calendar month of notice from us of the change.
2. Using Sky Broadband
(a) Sky Broadband is for private use by you and members of your household only. It must not be used for any commercial or business purpose.
(b) You will be registered as the primary user but you can nominate additional users provided they are members of your household and they consent. Any additional user must also provide a user name and password which must be different to yours.
(c) You are responsible for the security and proper use of your username and password and you must not disclose either. You are also responsible for the security and proper use of each additional user's username and password. You are also responsible for all activities that occur under these usernames and passwords. If you know or suspect that your username or password or any username or password of your additional users has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that any such username or password is changed as soon as possible.
(d) If we believe that there has been, or is likely to be, a breach of security of your username or password or of the username or password of any of your additional users, we may suspend such usernames and passwords and require that any or all of them are changed.
(e) You and any additional user must not use any logos or trade marks of Sky, the Sky Group Companies or Sky's processors in any way which could damage or undermine the owner's reputation.
(f) We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of Sky Broadband or your Wireless Router by you or anyone you have allowed to use Sky Broadband.
(g) If your Line is disconnected for any reason, you will lose your connection to Sky Broadband and your line provider may not automatically reinstate Sky Broadband after reinstating your Line. There may be a delay in being reconnected to Sky Broadband. If a re-connection fee is payable, we will tell you the amount of this fee before charging you. You will be charged for Sky Broadband throughout this period, unless the disconnection or delay in reconnection has been caused by us or our agents.
(h) To protect our network and maintain quality of service for all our users we can temporarily or permanently control or restrict your online activities via Sky Broadband where such activities may have a detrimental effect on other customers' quality of service and it is reasonable for us to do so (e.g. sending "spam" Messages (see Condition 4(b)) or hosting a website).
(i) We may modify or temporarily suspend Sky Broadband, or part of it, to the extent necessary for us to carry out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of Sky Broadband. Where possible, we will let you know beforehand and we will restore Sky Broadband to you as soon as we can.
3. The Wireless Router
(a) As part of the Sky Broadband service Sky will supply one Wireless Router to you under this Contract.
(b)You can choose to either install your Wireless Router yourself (“Self Install”) or have SHS install it for you on Sky's behalf (“Home Installation”). If you choose Self Install, SHS will send your Wireless Router on Sky's behalf to your Address and you must comply fully with all reasonable installation instructions and advice that SHS or we provide to you. If you choose Home Installation you should read the terms and conditions for Home Installation (set out at the end of this Contract). You may have to pay for Home Installation. We will tell you the amount of this fee before charging you.
(c) Your Wireless Router (except the software in it) will become your property on installation if you choose Home Installation, or on delivery if you choose Self Install. The software in your Wireless Router is owned by or licensed to Sky or another member of the British Sky Broadcasting group. You must allow this software to be updated. Updates will happen automatically at no extra charge.
(d) Sky Broadband must only be accessed via your Wireless Router. Your Wireless Router is not supplied as being capable of being used to access any other Internet service.
(e) Your Wireless Router is supplied with a warranty (“Warranty”) against faults arising in the first 12 months after supply.
(f) The Warranty also covers cabling and, if you choose Home Installation, installation faults. The following are not covered by the Warranty: faults arising from misuse, accidental or deliberate damage to your Wireless Router; damage arising from use of equipment that is not supplied by or on behalf of Sky for use with your Wireless Router; cosmetic damage which does not affect the functionality of your Wireless Router; computer equipment, software and cables that we or SHS did not supply to you and damage caused by events outside the reasonable control of Sky or any other member of the British Sky Broadcasting group, or its equipment suppliers.
(g) To report a fault, please call us on 08442 410 515. If a reported fault cannot be remedied by one of our engineers over the phone, then we will either repair or replace your equipment, whichever is reasonably considered to be the most proportionate. Any equipment that is replaced must be returned to us in the manner we request.
(h) Any replacement equipment supplied under the Warranty will be new or 'as new' (previously used equipment that has been refurbished by the manufacturer or its authorised agent). We will warrant any repair or replacement until the later of the end of the original 12 month warranty period or 3 months from the date it was carried out or supplied.
(i) The Warranty does not apply outside the UK, Isle of Man and the Channel Islands. It does not affect your statutory rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk
4. Email Tools
(a) You and any additional user will have a Sky Broadband e-mail account which may enable you to access others services, for example a calendar and address book and instant messaging and voice services (“Email Tools”). You and any additional user are responsible for backing up any data you have saved in the E-mail Tools.
(b) We may need to modify the content or format of any emails or instant messages (“Messages”) sent via Sky Broadband in order to transmit them.
(c) If this Contract ends for any reason you and any additional users will no longer be able to access your Email Tools via www.sky.com. Your Email Tools will be accessible via other Internet service providers for one calendar month after this Contract has ended, subject to the Usage Policies, except where this Contract has ended under Condition 11(b) in the Minimum Term (see Condition 11(a)) or Condition 11(g). We will not be under any obligation to keep or make available any data held in any of your Sky Broadband email accounts for longer than one calendar month after this Contract ends. Any deleted data will not be recoverable.
5. Changing your Address and telephone number
(a) You must tell us immediately of any changes to your Address or the telephone numbers you have provided to us.
(b) If you change Address during your Minimum Term (see Condition 11(a)), this Contract will continue unless you exercise a right to end it under Condition 11(c). If your chosen Product is not available at your new Address, then you can select another Product that is available there. We may charge you a reasonable fee to cover any costs we reasonably incur as a result. We will tell you the amount of this fee before charging you.
(c) If you change Address after your Minimum Term (see Condition 11(a)), you will need to enter into a new Sky Broadband subscription contract to receive Sky Broadband at your new address.
5. Changing your Address and telephone number
(a) You must tell us immediately of any changes to your Address or the telephone numbers you have provided to us.
(b) If you change Address during your Minimum Term (see Condition 11(a)), this Contract will continue unless you exercise a right to end it under Condition 11(c). If your chosen Product is not available at your new Address, then you can select another Product that is available there. We may charge you a reasonable fee to cover any costs we reasonably incur as a result. We will tell you the amount of this fee before charging you.
(c) If you change Address after your Minimum Term (see Condition 11(a)), you will need to enter into a new Sky Broadband subscription contract to receive Sky Broadband at your new address.
6. Paying for Sky Broadband
(a) Unless otherwise agreed, you will be charged the monthly subscription for your chosen Product (“Sky Broadband Payment”) from the date your Line is first activated by BT to receive Sky Broadband (“Activation Date”). We will collect the Sky Broadband Payments (and any other amount which we have told you is due in relation to Sky Broadband) in advance each month with your Sky TV payment via the same payment instruction.
(b) Subject to Condition 11(c), we may increase your Sky Broadband Payment at any time by giving you at least one calendar month's notice.
(c) We may also increase your Sky Broadband Payment if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Sky Broadband Payment directly or our pricing structure generally.
(d) If you miss any payments you owe to us or have provided unauthorised payment or other details, we can suspend provision of Sky Broadband without giving you notice. This does not affect our right to end this Contract under Condition 11(g).
7. How we can change Sky Broadband
(a) Sky Broadband is variable. We can change, replace or withdraw Products at any time. For example, we can vary the maximum speeds or capacity of your chosen Product. If we reduce the level of service provided by your chosen Product and you reasonably consider that you have been disadvantaged by this you may move to another Product or end this Contract under Condition 11, even if you are within your Minimum Term (see Condition 11(a)).
(b) If we withdraw your chosen Product, we will move you onto the nearest equivalent Product accessible by you. If this happens during your Minimum Term (see Condition 11(a)), your Sky Broadband Payment will not increase before the end of your Minimum Term (other than where prices increase under Conditions 6(b) and 6(c)).
(c) If anything we do under this Condition 7 results in a change to your Sky Broadband Payment we will confirm the change to you.
8. Software
(a) The use of any software provided by us (e.g. for Microsoft Internet Explorer) will be subject to the terms of any relevant end user licences or other agreements which are reasonably required by the owners of such software and that we have brought to your attention.
(b) You acknowledge that it is your responsibility to obtain any upgrades to any software needed to maintain the full Sky Broadband service when prompted to do so.
9. What we are not liable for
We will not be liable under this Contract to you, or any other person who you allow to use Sky Broadband, for:
(a) any fault in your Wireless Router caused by tampering or negligence (unless caused by us) or by the failure to follow our reasonable instructions, these Conditions or the Usage Policies;
(b) any use made of Sky Broadband, nor for any content which is accessed, sent or received using the service, nor for any charges incurred with any third party or for any transactions entered into through Sky Broadband or Sky Broadband Extras, unless caused by us;
(c) use of your Wireless Router to access any other Internet service;
(d) the act of suspending Sky Broadband or ending this Contract in accordance with Condition 11;
(e) any delay or failure by us to provide any element of Sky Broadband or part of it where such delay or failure is caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
(f) any loss or damage caused by your use of Sky Broadband, your Wireless Router, us, or any of our respective officers, employees, sub-contractors or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care by us or any of our respective officers, employees, sub-contractors or agents; or
(ii) such loss or damage is not a reasonably foreseeable result of any such breach.
(g) any loss or damage caused by Sky Broadband, your Wireless Router, us, or any of our respective officers, employees, sub-contractors or agents to the extent that such loss or damage results from any breach by you of these Conditions and, in particular not limited to the Acceptable Use Policy;
(h) any loss or damage caused by viruses or unauthorised use of, or attempts to access, Sky Broadband or your computer; and
(i) any loss or corruption of data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue unless caused by us.
No company nor its officers, employees or agents who act as Sky's agent in providing any part of Sky Broadband shall be liable to you or any other person who you allow to use Sky Broadband.
10. How we can change the Conditions
(a) We cannot change or add to Conditions 6(b), 6(c), 9 and 11(c) (ii) or this Condition 10(a) except for security, legal or regulatory reasons.
(b) We may change any other Conditions. However, if you reasonably consider that you have been disadvantaged by this you may end this Contract under Condition 11, even if you are within your Minimum Term (see Condition 11(a)).
(c) You will receive by post or e-mail at least one calendar month's notice of any changes or additions to these Conditions which we reasonably consider you will be disadvantaged by. We will give you notice of any other changes or additions to these Conditions on sky.com. We will not use this right to vary the terms of any special offer which applies to you.
11. How long your Contract lasts
(a) This Contract cannot end during the first 12 calendar months from your Activation Date (“Minimum Term”) unless you, we or SHS have a right to do so under this Condition 11. After the Minimum Term, this Contract will continue until either you or we end it in a way set out in this Condition 11.
(b) This Contract will end if your Sky TV Contract ends for any reason. If this occurs during your Minimum Term then, unless you are ending your Sky TV Contract for breach, you will be in breach of this Contract.
(c) You can only end this Contract during your Minimum Term if:
(i) Conditions 7(a), 10(b) or 11(e) apply; or
(ii) we increase your Sky Broadband Payment more than once, or by more than 10% or the increase in the UK Retail Price Index over the 12 months before we tell you about that price increase, whichever is the greater, unless Condition 6(c) applies.
(d) To end this Contract under Condition 11(c), you must give us at least seven days’ notice within one calendar month of receipt of any notice from us.
(e) You may end this Contract by giving us seven days’ notice at any time (including during your Minimum Term) if we or SHS break any of the Conditions.
(f) If you want to end the Contract for any other reason you may do so at the end of or after your Minimum Term, by giving us at least one calendar month's notice at any time.
(g) We can immediately suspend the provision of Sky Broadband and/or end this Contract by giving you seven days' notice at any time (including during your Minimum Term) if:
(i) you break any of the Conditions;
(ii) you, anyone you authorise to deal with us on your behalf, or any of your additional users act in a way towards our staff or agents which we reasonably consider to be inappropriate; or
(iii) if we have reasonable grounds to suspect fraud or any other unauthorised activity.
(h) We may end this Contract at the end of or after your Minimum Term by giving you one calendar month's notice at any time.
(i) Unless we agree otherwise, you cannot change your chosen Product unless Conditions 1(f), 5(b) or 7(a) apply. If, after your Minimum Term, you wish to change to another Product, you must end this Contract and enter into a new Sky Broadband subscription contract unless the circumstances set out in Conditions 1(f) and 7(a) apply.
(j) We will not refund any Sky Broadband Payments or other payments made under this Contract if we end this Contract because you have broken the Conditions. If this Contract ends during your Minimum Term (other than where you have a right to end it), you will have to compensate Sky for any reasonable losses or costs suffered as a result.
12. How this Contract can be transferred and third parties
(a) We can transfer our rights or obligations under this Contract to any company, firm or person provided this does not affect your rights under this Contract in a negative way.
(b) This Contract is personal to you. You may not transfer your rights or obligations under this Contract to anyone else, and no third party is entitled to benefit under this Contract except pursuant to Condition 12(a).
13. How notices will be given
(a) If we give you any notice that is required under this Contract, it must be in writing and may be sent by email to your Sky Broadband primary email account. If we send you any notice with any other document, the notice will be on a separate sheet of paper or in a separate attachment and will be clearly marked.
(b) Unless otherwise stated, if you give us any notice that is required under this Contract it should be by calling 08442 410 515 or such other number we notify to you for this purpose.
14. Law and geographical limits
This Contract is governed by English Law unless you live in Scotland, in which case it will be governed by Scots Law. Any disputes can be dealt with by any UK court that can lawfully deal with the case.
YOUR RIGHTS TO CANCEL SKY BROADBAND
1. You can cancel Sky Broadband within 8 working days of the later of delivery of your Wireless Router for Self Install, or your Home Installation (as applicable), and your Activation Date. Any cancellation must be in accordance with this notice.
2. You can cancel Sky Broadband by:
(i) calling 08442 410 515;
(ii) writing to Sky Subscribers Services Limited Customer Relations Department, PO Box 99, Livingston, West Lothian EH54 7PR;
(iii) sending a fax to 01506 484701; or
(iv) sending an email to broadbandcustomerservice@bskyb.com.
3. You must give your name, address, post code and customer number in order to cancel Sky Broadband.
4. You must keep any products that have been delivered to you safe for up to 6 calendar months from the date you cancel. Once they are returned, your responsibility ends.
5. We will contact you to arrange return and will either supply reply paid packaging for the product to be posted to us or we will collect it. We will be entitled to charge you our direct costs for its return and/or set the costs of return off against any amount that we owe you.
6. This cancellation right does not affect your statutory rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.
If you choose Home Installation, a separate cancellation policy applies to this service which is contained in the Terms and Conditions of Home Installation (set out at the end of this Contract).
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SKY BROADBAND HOME INSTALLATION TERMS AND CONDITIONS
These are the terms and conditions under which we will install Sky Broadband at your Address (“Contract”). We are Sky Broadband S.A (“Sky”), a company within the British Sky Broadcasting group. You can call us in relation to this Contract on 08442 410 515.
In this Contract “Address”, “Broadband Box”, “Minimum Term” and “Sky Broadband” have the same meanings as given for those terms in the Sky Broadband subscription contract.
1. Installation and your computer
(a) We will organise a day for installation which is convenient for both of us, but this will be subject to the availability of the Wireless Router.
(b) Before installation you should back up or save any data on your computer to avoid any loss or corruption occurring as a result of installation.
(c) You have the option of installing McAfee Internet Security Suite if you are a PC user or McAfee Virex if you are a Mac user. If you want to install this software you will have to uninstall any existing security software beforehand. If you do not want to install this software, please advise the engineer before your installation starts.
(d) You need to be present during the installation. If this is not possible, then you need to ensure that someone else, aged 18 or over, is at your Address to allow us access and to log into all the computers from which you wish to access Sky Broadband.
2. Installation offers
If you pay nothing or a reduced price compared to our standard price for your installation, we can charge you the difference between the lower price you have paid (if any) and our then standard price for installation if your Sky Broadband subscription contract ends during the Minimum Term (other than where we withdraw Sky Broadband or you end your Sky Broadband subscription contract and have the right to do so).
3. Cancellation
(a) You can cancel your installation at any time before it starts in the following ways by:
(i) calling on 08442 410 515;
(ii) writing to Sky Subscribers Services Limited, Customer Relations Department, PO Box 99, Livingston, West Lothian EH54 7PR;
(iii) sending a fax to 01506 484701; or
(iv) sending an email to broadbandcustomerservice@bskyb.com.
(b) You must give your name, address, post code and customer number in order to cancel your installation.
(c) This cancellation right does not affect your statutory rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.
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USAGE POLICIES
Any terms in capitals not defined in this Usage Policy will have the same meaning as in your Contract. This Usage Policy applies to you and anybody you allow to use Sky Broadband. Any reference to "you" shall be interpreted to mean you and anybody you allow to use Sky Broadband. You are responsible for the use of Sky Broadband by any person you allow to use it.
USAGE CAPS
Broadband
If you subscribe to a Product that has a cap on the amount of data that you download or upload via your Sky Broadband internet access each month ("Usage Cap"), your usage must not exceed that Usage Cap each month. For the current Usage Caps on each Product, please go to www.sky.com.
If you exceed your Usage Cap, we will contact you to let you know that you have done so.
If your usage continues to exceed your Usage Cap, we will continue to If your usage continues to exceed your Usage Cap, we will continue to contact you to ask you to reduce your usage immediately. If after a reasonable period of time your usage still exceeds your Usage Cap, then we may do one or more of the following things by notice in writing:
(a) charge you fair and reasonable costs for your usage (and any reasonable administration costs) in excess of your Usage Cap;
(b) change your subscription to a Product with a higher Usage Cap, in which case we would also notify you of the new price you will be charged;
(c) suspend your use of Sky Broadband for the relevant month;
(d) end your Contract in accordance with Condition 11 of your Contract; or
(e) suspend some or all of your Email Tools.
E-mail
Whatever Product you take there are also limits on the use of the Sky Broadband email accounts by you and anyone you allow to use an email account.
(a) There is an upper limit on the size of each mailbox account. This will restrict the amount of Messages you are able to store in your mailbox account using Sky Broadband; and
(b) There is an upper limit to the size of each Message which you can send using a Sky Broadband email account.
You must not exceed these usage limits.
You must only use a Sky Broadband e-mail account for normal e-mail purposes and not, for example, as a storage facility. For the current usage limits, please go to www.sky.com.
If you exceed these email usage limits or use a Sky Broadband e-mail account for abnormal purposes, for example the storage of large files, then we may immediately suspend the email account or we may send you an email telling you to reduce your mailbox size or usage (as the case may be). If you do not act on our notification we may then suspend the relevant email account, or end your Contract in accordance with Condition 11 of your Contract.
FAIR USAGE POLICY
If you subscribe to a Product that does not have a Usage Cap, our Fair Use Policy (“FUP”) will apply to you and anybody that you allow to use Sky Broadband.
Why have a Fair Use Policy?
Sky is committed to ensuring that our systems and network (“Sky Network”) and Sky Broadband are fast, reliable and great value for all our customers. Our FUP is designed to help us keep that promise to you.
Am I going to be affected by the Fair Use Policy?
Sky relies on our users being fair and considerate of others in their broadband usage. If one person is excessive in their use, this may result in a temporary loss of service quality and speed for other users.
Currently, however, our FUP has no effect on our broadband users because we have sufficient capacity. Even in the future, as long as you do not use Sky Broadband excessively, for example, use file sharing software (including peer-to-peer) or regularly download very large files, you will most probably never be affected by the policy.
However, if in the future, your use of Sky Broadband becomes consistently excessive our FUP would enable us to intervene. Our latest FUP will always be posted on our website at www.sky.com.
How can I manage my Sky Broadband usage?
There are a number of ways to manage your Sky Broadband usage, however the most effective is to keep your use of file sharing software (including peer-to-peer) and uploading and downloading of very large files reasonable. You should also only the e-mail accounts for e-mail purposes and not, for example, for as a storage facility.
How will I know if my usage is excessive?
We think to impose an actual figure on what we consider to be "excessive" use is not necessarily helpful and may penalise users unfairly. What is deemed excessive will be determined by a number of factors including (but not limited to) the length of time which your excessive usage continues for, as well as the type of activity you use your Sky Broadband for.
If, in our reasonable opinion, you have breached this FUP we may contact you to let you know that your usage is excessive and is affecting the Sky Network.
If after we have contacted you initially your usage continues to be excessive, we will contact you again to ask you to reduce your usage. If after a reasonable period of time your usage still remains excessive then we may do one or more of the following things by notice in writing:
(a) impose a monthly usage cap on your use of Sky Broadband which you must not exceed;
(b) group you together with other users in the same excessive usage category as you;
(c) charge you fair and reasonable costs for your excessive usage (and any reasonable administration costs);
(d) suspend your use of Sky Broadband;
(e) suspend some or all of your Email Tools;
(f) end your Contract in accordance with Condition 11 of your Contract;
ACCEPTABLE USE POLICY
Irrespective of which Product you have subscribed to, our Acceptable Use Policy (“AUP”) will apply to you and those who you allow to use Sky Broadband.
If you have any queries about our AUP, you can contact us by emailing abuse@sky.com.
Don't use Sky Broadband illegally!
Sky Broadband and the Sky Network may only be used for lawful purposes in accordance with all laws, statutes and regulations in force from time to time in the United Kingdom (“Laws”).
You may not use Sky Broadband and/or the Sky Network to send, receive, store, distribute, transmit, post, upload or download any materials or data which:
• violates any Law;
• is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment;
• is or may be harmful to minors;
• promotes or encourages illegal or socially unacceptable or irresponsible behaviour;
• is in breach of any third party rights (including any third party intellectual property rights);
• has any fraudulent purpose or effect or involves you impersonating another person or otherwise misrepresenting yourself as the source of any communication;
• damages or may damage our name and/or reputation or the name and/or reputation of our sub-contractors or agents.
We have put technical measures in place to prevent you from accessing certain websites that contain illegal images of child abuse that are identified from time to time by the Internet Watch Foundation ("IWF"). Although these filters are comprehensive, they do not provide an absolute guarantee that you will be unable to view such illegal images on the internet. In addition, these measures do not filter other content which you may find distasteful, such as "adult" material. On this basis, we recommend that you consider installing additional software on your computer to prevent access to inappropriate websites or content on the internet.
For further information regarding the IWF, please visit their website at www.iwf.org.uk.
Do not violate anyone's systems or network security
You must not use Sky Broadband to violate Sky Network's security or any third party's system or network security by any method including:
• unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;
• unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network; or
• unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system or network.
You must not send, receive, store, distribute, transmit, post, upload or download any materials that are designed to violate Sky Network's security or any third party's system or network security. Examples of such prohibited material may include (but are not limited to):
• programs containing viruses, worms, corrupted files, hoaxes, Trojan horses or any other items of a destructive or deceptive nature;
• tools designed to compromise the security of other sites;
• programs or services designed to send or facilitate the sending of unsolicited advertisements; or
• programs or services designed to encourage or facilitate a breach of this AUP or any acceptable use policy of another internet services provider.
You must not connect the Sky Network to insecure machines or services able to be exploited by others to carry out actions which constitute a breach of this AUP.
You must not adapt, modify, decompile or reverse engineer any part of Sky Broadband.
You are responsible for all materials and/or data originating from the machines and/or networks that you have connected to the Sky Network. You must immediately disconnect (and subsequently secure prior to reconnection) machines generating materials and/or data which contravene this AUP once notified of such activity by Sky.
Messages
You must not send Messages to anyone who does not wish to receive them. We acknowledge that email and instant messaging are informal methods of communication however you must refrain from sending Messages to another user after receiving a request to stop.
You must not send unsolicited bulk Messages or any other form of abusive electronic communication. In particular, unsolicited advertising mailings (whether commercial or informational) are strictly prohibited.
You must not operate, host, provide hosting facilities to or assist in any way any web site, email address, or any other online service which is advertised or promoted by means of unsolicited bulk Messages (whether commercial or informational), any mass messaging facility or any other form of abusive electronic communication.
You must not send, distribute, or reply to mail-bombs. Mail-bombing is either sending copies of a single message to many users, or sending large or multiple files or messages to a single user with the intention of disrupting their internet experience.
You must not use false Message headers or alter the headers of Messages to conceal their email address or to prevent internet users from responding to messages. You must not use any email address that you are not authorised to use.
You must not suggest or imply that any Message you send is from, authorised or endorsed by, any Sky company or relates to any Sky business.
We will scan your incoming Messages for viruses and remove any Messages from the Sky Network which contain viruses. Although these filters are comprehensive, they do not provide an absolute guarantee that you will not receive viruses via Messages and you are advised to install appropriate anti-virus software on your computer.
We will scan your incoming Messages for spam and move any suspected spam to a separate folder in your email account where you can inspect it to ensure that non-spam Messages hasn't been inadvertently identified as spam. Items of suspected spam will be deleted after 30 days.
World Wide Web and surfing the net
You will be solely responsible for your use of the internet and any web pages owned and/or operated by you that you connect to the Sky Network using Sky Broadband. You must not use world wide web pages within or outside the Sky Network to violate any part of this AUP or to disrupt or attempt to disrupt another internet user's internet experience.
How do you make a complaint?
If you wish to notify us of a breach of this AUP, or if you wish to make a complaint regarding content, data or material that has been stored and/or accessed via the Sky Network or Sky Broadband, please email us at
What can we do?
Firstly, you should be aware that we will block any electronic communication that we reasonably consider to have breached this AUP.
Secondly, if you have breached this AUP, or we reasonably suspect that you may have breached this AUP we will notify you by email (provided that this notification does not prejudice any investigation) and we may also:
(a) immediately suspend your access to Sky Broadband until such time as we are satisfied the breach has stopped;
(b) immediately end your Contract;
(c) notify and/or pass on the details of the breach of the AUP to any relevant government, statutory, self-regulatory or law enforcement authority;
(d) investigate the alleged breach of the AUP, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on the Sky Network or our servers;
(e) remove (either temporarily or permanently), copy, store, monitor or otherwise deal with data and/or other material on the Sky Network and/or our servers; or
(f) suspend some or all of your Email Tools.
Sky will use your personal data and other account information in connection with any investigation carried out by Sky in accordance with this AUP, including by disclosing it to any third party authority that Sky considers has a legitimate interest in any such investigation or its outcome.
_______________________________________
SKY GROUP COMPANY DETAILS
Sky Broadband S.A. Société Anonyme. 23 Avenue Monterey, L-2086 Luxembourg R.C.S. Luxemburg B-118.641.
Sky In-Home Service Limited is registered in England (No. 2067075). Registered office: Grant Way, Isleworth, Middlesex TW7 5QD, UK.
Sky Subscribers Services Limited is registered in England (No. 2340150). Registered office: Grant Way Isleworth, Middlesex TW7 5QD, UK.
British Sky Broadcasting Limited is registered in England (No. 2906991). Registered office: Grant Way Isleworth, Middlesex TW7 5QD, UK.
Easynet Telecommunications Limited is registered in England (No. 2883980). Registered office: 44-46 Whitfield Street London W1T 2RJ.
SKY GROUP COMPANY DETAILS
Google Inc.is registered in America. Registered office: 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
Google Ireland Limited is registered in Ireland (No. 02906991). Registered office: Gordon House, Barrow Street, Dublin 4.
Top of Page
First, here are some key points that you should note:
What is Sky Talk?
Sky Talk is a home telephone calls service ("Sky Talk Calls") and a telephone line rental service ("Sky Talk Line Rental"). You can choose to take Sky Talk Calls by itself or you can take Sky Talk Calls and Sky Talk Line Rental together. You cannot take Sky Talk Line Rental without Sky Talk Calls.
If you take Sky Talk Calls without Sky Talk Line Rental you will need to continue to pay line rental to your existing line rental provider.
Can I receive Sky Talk?
To receive Sky Talk, you must have an active Sky digital subscription ("Sky TV") under a Sky TV subscription contract and a BT compatible phone line.
When may my service be restricted or end?
If your Sky TV viewing is restricted or ends under the terms of your Sky TV subscription contract, your Sky Talk service will also be restricted or will end. Your Sky Talk service may also be restricted or end if you breach our Acceptable Use Policy under Condition 2 or in the circumstances set out in Conditions 7 and 8. We will notify you before this happens, unless we reasonably believe that your service is being used for unlawful or improper purposes.
If this happens you may not be able to make or receive all calls through Sky Talk. PLEASE NOTE, if you are a Sky Talk Line Rental customer and your Sky Talk service ends, you will also no longer be able to make calls to emergency numbers (including 999) until your Sky Talk Line Rental is re-activated or you connect with another telephone line provider.
How much does Sky Talk cost?
The Sky Talk packages, fees and call rates applicable from time to time may be viewed on our website (www.sky.com/skytalk) or by calling Sky Talk Customer Services on 08442 410 499. Rates set out on our website take precedence over any rates shown in other generic Sky Talk marketing material.
UK call rates apply to UK landline numbers, excluding calls to the Channel Islands, premium rate and non-geographic numbers.
How much notice will I get if you increase prices?
We will give you at least 30 days notice of any increase in the price of your Sky Talk calls package or line rental service, unless the price increase results from you changing your service or is required for legal or regulatory reasons. We will also give you 10 working days notice if the percentage savings on international and mobile call rates compared to the relevant BT rate decreases or if we increase the price of any UK landline call rates. We will notify you of any other price increase if we believe it is likely to significantly disadvantage you.
If you are not the payer of your Sky Talk bill, you should notify the payer of any notice of price increase we send you.
Will I be accepted as a Sky Talk customer and how will you manage my account?
You may not be accepted if you owe us any money or your credit score is unsatisfactory, or if you do not pay your Sky TV subscription by direct debit or credit card payment mandate. We can administer your account as we believe reasonable depending on the result of that or any future scoring. This may include applying different payment terms to your account. We may use information from, or supply information to, outside agencies for credit assessment purposes. We will also use reasonable practices to set a call spend limit on your Sky Talk account. Details of your call spend limit are available from Sky Broadband S.A. ("Sky") or its agents on request.
Will Sky Talk affect the operation of my home alarm system?
If you have a monitored safety, security or other alarm system in your home, you will need to check with your system provider that the system is compatible with Sky Talk.
Calling Sky
Calls to and from Sky Talk Customer Services may be recorded or monitored for training and other purposes.
If you experience problems making calls using Sky Talk, you should contact Sky Customer Services on 08442 410 499.
How information we hold about you can be used
By subscribing to the services offered by Sky Broadband S.A. ("Sky") you are agreeing that the information and personal data you provide to it and information about Sky account ("Data"), may be used for the following purpose: execution of this contract; administration of your Sky Talk account (including transferring Data with its agents located outside the EEA for this purpose (being, as at the date of this contract, the Philippines, the United States of America and India)) and market research; Your Data may also be used for marketing of Sky’s and third party’s products and services. This may include contacting you by post, telephone, email or SMS unless you tell us you don’t want to be contacted in these ways. Sky may also share Data with credit reference agencies and other companies including, without limitation, for use in making credit decisions, for fraud prevention and to pursue debtors.
Unless you tell us otherwise you also expressly agree that:
• Sky Subscribers Services Limited;
• British Sky Broadcasting Limited;
• Easynet Telecommunications Limited;
• News Optimus Limited; and
• Sky In-Home Service Limited,
(together the “Group Companies”) may receive and use the Data for administration of your Sky Talk account, the marketing of their respective products and services and market research.
You also agree that the Data held by Sky and the Group Companies may be shared with other third party companies located in the UK or the Republic of Ireland, including for sales, marketing and market research purposes, unless you advise us of your preference not to share such information with third party companies.
If you don't want to receive marketing from Sky or you don’t want us to share Data with companies outside the Group Companies, or if you wish to obtain access to your Data, please call Sky Customer Services on 08442 414 141.
Your Data will not be retained for longer than required for the purposes of its processing, subject to any limitation periods imposed by law.
Here are the detailed Conditions of Sky Talk:
These are the terms and conditions ("Conditions") under which Sky’s home telephone calls and line rental services ("Sky Talk") will be provided to you. These Conditions are divided into two parts. If you are a Sky Talk Calls and Sky Talk Line Rental customer, both Part A and Part B will apply and you must read them both. If you take Sky Talk Calls without Sky Talk Line Rental ("Sky Talk Calls only"), only Part A will apply.
This contract is with Sky Broadband S.A. ("Sky"), which is responsible for providing Sky’s telephone services to you. Sky Subscribers Services Limited ("SSSL") provides customer services in relation to Sky Talk as an agent for Sky. Sky may contract with British Sky Broadcasting Limited ("BSkyB Ltd") or other BSkyB group companies to provide Sky Talk to you. Reference below to "we" or "us" shall be read as references to Sky. You can contact us at PO Box 43, Livingston, West Lothian EH54 7DD or call 08442 414 141.
Part A: Sky Talk Terms and Conditons
1. Sky Talk and who can get it
1.1 You are only eligible to receive Sky Talk while you have an active residential Sky TV subscription. You can only have Sky Talk on one line in your home unless we tell you otherwise.
1.2 Sky Talk will be provided in your home where your Sky TV subscription is received ("Address"). This address must be in England, Scotland, Wales or Northern Ireland. You must be the Sky TV account holder. You must also be the account holder for your household’s existing telephone service or be authorised by the account holder to register for Sky Talk.
1.3 Sky Talk is not available to:
(a) customers who do not pay for their Sky TV subscription by direct debit or continuous credit card payment mandate;
(b) customers registered with BT’s Light User scheme; or
(c) customers with outgoing call barring or any other incompatible product on their telephone line.
1.4 You must have a BT (British Telecommunications plc) compatible line in your home (a telephone line owned by BT).
1.5 Sky Talk Calls only customers must continue to take line rental from a compatible line rental provider.
1.6 If you have chosen to take Sky Talk Line Rental and you do not have a BT compatible line, we may be able to arrange this for you and you will need to pay Sky a connection fee. We will inform you of our current connection fees at the time you book your installation. Sky Talk Line Rental customers do not need to pay any other provider for line rental.
1.7 On receipt of your application for Sky Talk, and provided you are eligible, we will make an application to BT to switch your chosen telephone services to Sky Talk. If BT is able to validate your application then we will notify you in writing of the estimated activation date for your Sky Talk service. If you have an existing BT line, this normally takes 10 working days from the date when the order is accepted by BT. If BT is unable to make the switch for any reason we will contact you. If you require a new line to be set up, and we agree to do this for you, your Sky Talk service will take at least 25 days to be activated from the date you place your Sky Talk order.
2. Using Sky Talk and our Acceptable Use Policy
2.1 Sky Talk is for your household’s own private domestic use and is not for use for any commercial or business purpose. You are responsible for all calls made using Sky Talk at your Address, whether or not they are made by you.
2.2 If your use of ‘unlimited', 'free' or 'no charge' calls provided as part of your Sky Talk Calls package exceeds that reasonably expected of a person using the service for domestic purposes, we may:
(a) restrict your calls service; and/or
(b) charge you Sky Talk’s standard rates for any calls exceeding those reasonably expected of a person using this service for domestic purposes.
We will inform you before we start charging you our standard rates.
2.3 You must ensure that your Sky Talk service is not used for any unlawful or improper purpose, such as:
(a) the making of hoax calls or communicating false information or information you believe to be false;
(b) the making of calls which are defamatory, offensive, abusive, obscene, menacing, threatening or otherwise made for the purpose of causing annoyance, inconvenience or anxiety to another;
(c) fraudulently or in connection with a criminal offence; or
(d) otherwise in a manner which is in breach of any applicable legislation or regulations or the rights of any other party.
2.4 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of Sky Talk by you or anyone you have allowed to use Sky Talk.
3. Equipment and Faults Affecting Sky Talk
3.1 You must ensure that any equipment which you use in connection with Sky Talk is in good working order and conforms at all times to all applicable regulations and laws. You agree to provide us with information about your equipment that we reasonably request. We will not provide you with a telephone handset for use with Sky Talk.
3.2 If you experience problems making calls, you should contact Sky Customer Services on 08442 410 499.
3.3 If you are a Sky Talk Calls only customer and we determine there is a fault with your line or the connection, you will need to contact your line rental provider. You will remain responsible for all charges made by your line rental provider relating to your telephone line and connection (together with any repair, maintenance and service charges) unless caused by our fault or neglect.
3.4 If you are a Sky Talk Line Rental customer, please see Part B (Condition 3) for further information relating to faults and repairs.
4. Payments and Billing
4.1 You will usually be billed on a monthly basis for any monthly fees and calls which carry a charge and that are made using Sky Talk. We may bill you in advance for any monthly charges associated with your Sky Talk service, and charges from an earlier period may appear on a later bill.
4.2 Your bill will be provided to you in the same way as your Sky TV bill. This is usually via the Sky Customer Service zone on Sky’s interactive service, accessible via your set-top box. Paper statements are available on request. Payment of your Sky Talk bill will be collected at the same time and under the same instruction as your Sky TV subscription payment (and you agree we may change that instruction for this purpose). You acknowledge that any payments you make will be applied to the full set of Sky services you receive.
4.3 We will use reasonable practices to set a call spend limit on your Sky Talk account. Your call spend limit may vary from time to time. Details of this limit are available from Sky on request. If you exceed this limit you remain liable for all charges. We may also change your payment terms if we consider it reasonable.
4.4 We may alter your Direct Debit or credit card instruction if the price of your Sky Talk calls package or line rental changes for any reason. We may also charge any other payment due under this contract under your Direct Debit or credit card instruction together with any other payments which you agree we may charge under that instruction.
4.5 If you are a Sky Talk Calls only customer, some calls may not be carried by Sky Talk (e.g. reverse charge calls, some calls to directory enquiries, calls made to emergency numbers and some internet calls). These calls will be automatically routed via your line rental provider and may appear on your line rental provider’s bill. If you are a Sky Talk Line Rental customer, these calls will appear on your Sky Talk bill and will be charged at the service provider’s applicable rate, unless stated otherwise in the Sky Talk Tariff Guide.
5. Price and Package Changes
5.1 We will give you at least 30 days notice of any increase in the price of your Sky Talk calls package or line rental service, unless the price increase results from you changing your service or is required for legal or regulatory reasons. We will also give you 10 working days notice if the percentage savings on international and mobile call rates compared to the relevant BT rate decreases or if we increase the price of any UK landline call rates. We will notify you of any other price increase if we believe it is likely to significantly disadvantage you.
5.2 We may also increase the price of your Sky Talk calls package or line rental service if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects you directly or our pricing structure generally.
5.3 We may offer a number of different Sky Talk calls and line rental packages from time to time. We will give you at least 10 working days notice if we change your package and this affects your Sky Talk charges. We will also give you at least 10 working days notice if we withdraw your package and unless you tell us otherwise, we will move you on to the nearest equivalent package.
5.4 Unless we agree otherwise, you must remain on and pay for your chosen Sky Talk Calls package for at least 30 days (unless this contract is terminated before the end of the 30 day period).
6. Moving Home
If your address or telephone number details change, you will need to contact Sky Customer Services on 08442 414 141. If your address details change you may need to have your existing Sky Talk account cancelled and re-apply for a new Sky Talk account covering your new details.
7. Restricting and Ending your Service
7.1 We may take immediate action to restrict or end the provision of Sky Talk without notice if:
(a) we reasonably believe that your Sky Talk service has been used in a way which is prohibited under Condition 2.3;
(b) we are required to by law or to comply with an order, instruction or request of any government body, emergency service organisation or other competent authority;
(c) we are required to comply with the reasonable instructions of our telecommunications carrier or supplier for reasons of health, safety or quality of the service;
(d) you do anything (or allow anything to be done) which we reasonably believe may damage the operation or jeopardise the security of Sky Talk;
(e) you have provided unauthorised payment or other details or we have reasonable grounds to suspect fraud, attempted fraud or any other unauthorised activity; or
(f) you are or become ineligible to receive Sky Talk or are unable for any reason to connect to Sky Talk (other than as a result of any fault of ours).
7.2 We may also restrict the provision of your Sky Talk service without notice if you have exceeded the call spend limit of your Sky Talk account.
7.3 We can restrict or end the provision of Sky Talk on giving reasonable notice to you if:
(a) your Sky TV subscription is suspended or ends, unless it is ended at your request, in which case your Sky Talk service will end automatically at the same time without notice;
(b) you have missed any payments that you owe to us for Sky Talk or any other Sky products or services;
(c) you or anyone you authorise to deal with your account acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
(d) you break any of the Conditions of this contract.
7.4 We may restrict or end your Sky Talk service if our ability to continue to provide Sky Talk to you is materially and adversely affected because:
(a) any of our telecommunications carrier(s) or supplier(s) ceases to provide services to us; or
(b) any authorisation required by us expires or is revoked or modified.
We will use all reasonable endeavours to provide you with notice before your Sky Talk service is restricted or ends under this Condition 7.4.
7.5 We may also restrict your Sky Talk service if it is proportionate to do so for the purpose of carrying out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of Sky Talk. Where possible, we will give you notice before any restriction of your Sky Talk service and we will restore Sky Talk to you as soon as reasonably practicable.
7.6 If we consider it to be reasonable, we may temporarily restrict your ability to make premium rate and international calls where we notice unusual call patterns.
7.7 If we restrict or end the Sky Talk service under any of Conditions 7.1(a), (d), (e), (f), or 7.3, you may be required to reimburse us our costs and expenses reasonably incurred in restricting/ending the Sky Talk service and/or recommencing it or any part of it.
7.8 If your Sky Talk service is restricted or ends you agree to pay all Sky Talk charges incurred at your Address. You also agree to pay any reasonable costs losses and expenses incurred by us if you have broken these Conditions.
7.9 We promise to act proportionately in exercising any of our rights under this Condition 7.
8. Ending this contract
8.1 If your Sky Talk service ends for any reason under Condition 7, this contract shall end automatically at the same time.
8.2 You may end this contract by giving 7 days written notice if we have broken any of the Conditions.
8.3 Otherwise, you or we may end this contract at any time by giving the other 30 days notice.
8.4 When this contract ends, you will need to make arrangements to switch to an alternative telephone service provider if you want to continue receiving a full telephone service. There is no obligation to wait until the end of any notice period to switch to another telephone service provider. During any notice period Sky Talk will continue to be available unless your service has been restricted or ends under Condition 7. However, we may restrict your ability to make premium rate and/or international rate calls using Sky Talk during any notice period.
8.5 If you are a Sky Talk Calls only customer and this contract ends before you have switched to a new telephone service provider, you may still be able to make calls to Sky through Sky Talk which you will have to pay for. You may also be able to make other calls through your line rental provider.
8.6 If you are a Sky Talk Line Rental customer and this contract ends, you will not be able to make any calls, including calls to emergency numbers, unless you switch to another telephone line provider.
9. What we are not liable for
9.1 We will not be liable to you (or any other person whom you allow to use Sky Talk) under this contract, for:
(a) the act of restricting or ending your Sky Talk service in accordance with Condition 7;
(b) any delay or failure by us to provide any element of Sky Talk where such delay or failure is caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
(c) any loss or damage caused by Sky Talk, us or any of our respective officers, employees or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care by us or any of our respective officers, employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of any such breach; or
(iii) any increase in such loss or damage results from breach by you of any term of these Conditions.
(d) any loss or damage caused by Sky Talk, us or any of our respective officers, employees or agents to the extent that such loss or damage results from any breach by you of these Conditions;
(e) any loss or damage caused by unauthorised use of Sky Talk;
(f) any loss of business, contracts, profits, anticipated savings, reputation, or revenue;
(g) any calls made through an alternative telephone service provider;
(h) any loss or damage resulting from your failure to connect to Sky Talk that was not caused by us, our employees or agents or our suppliers;
(i) if you are a Sky Talk Calls only customer, any loss or damage of Sky Talk due to a fault in the equipment or telephone line you use to make calls; or
(j) any failure of monitored safety, security or other alarm systems due to incompatibility with Sky Talk, or due to the restriction or ending of Sky Talk, or any other reason which is not due to our fault or neglect.
9.2 As SSSL and News Optimus Limited are acting as agents for Sky, SSSL, News Optimus Limited and each of their officers, employees and agents have no liability to you or any other person who you allow to use Sky Talk.
10. How this contract can be transferred and third parties
10.1 We can transfer our rights or obligations under this contract to any company, firm or person provided this does not affect your rights under this contract in a negative way.
10.2 This contract is personal to you. You may not transfer your rights or obligations under this contract to anyone else, and no third party is entitled to benefit under this contract except pursuant to Condition 10.1.
11. Provision of information and consent to use
11.1 You authorise us and BSkyB Ltd to act on your behalf in all dealings with BT, Thus plc ("Thus") or any other network operator in connection with the provision of Sky Talk to you and you consent to BT, Thus or any other network operator receiving and using your Data for the administration of your Sky Talk account, and providing us or any of our agents with your Data and other relevant information to enable Sky Talk to be provided to you.
11.2 You authorise us and our selected supplier(s), agent(s) and/or telecommunications carrier(s) to route your call as may be reasonably determined to provide you with Sky Talk and to administer Sky Talk services.
11.3 You agree to provide us (or any person we authorise to collect it on our behalf) with any information we or our selected supplier(s), agent(s) and/or telecommunications carrier(s) reasonably require to provide Sky Talk to you and to administer Sky Talk services. We and our selected supplier(s), agent(s) and/or telecommunications carrier(s) will hold and process information obtained about you as a result of providing you with the Sky Talk service.
12. Changes to Sky Talk and these conditions
We may change or add to these Conditions at any time by giving you at least 30 days notice. This right will not be used to change the terms of any special offer which applies to you and you have accepted during the term of the offer.
13. How notices will be given
13.1 If we give you any notice that is required under this contract, it must be in writing or on your Sky Talk statement. If we send you a notice with any other document, the notice will be on a separate sheet of paper and will be clearly marked.
13.2 Unless otherwise stated, if you give us any notice that is required under this contract it should be by calling 08442 414 141 or such other number we notify to you for this purpose, or in writing to PO Box 43, Livingston, West Lothian EH54 7DD.
Disputes
If you have a complaint or query regarding your Sky Talk service, you should follow our complaints procedure as set out in our Services Code of Practice which can be found on our website at www.sky.com/skytalk or by calling Sky on 08442 410 499.
Law and Geographical Limits
This contract is governed by English Law, unless you live in Scotland, in which case it will be governed by Scots Law. Any disputes can be dealt with by any UK court that can lawfully deal with the case.
General
16.1 If any provision of this contract is found to be invalid or unenforceable, the remaining Conditions will continue to apply.
16.2 If either party fails to exercise a right they may have under these Conditions, it does not mean that right is waived.
Part B: Special Terms and Conditions for Sky Talk Line Rental customers only
1. Your Telephone Line
1.1 Any equipment you connect to your line must be connected using a BT main telephone socket or approved BT connection point.
1.2 You must not use your line to send, knowingly receive, upload, download, use or re-use material which is offensive, indecent, defamatory, obscene or menacing.
2. Optional Features
2.1 You may add a range of additional features to your telephone line at an additional cost ("Optional Features"). The range of Optional Features can be viewed on our website (www.sky.com/skytalk) or discussed with Sky Customer Services by calling 08442 410 499.
2.2 You will be charged for each Optional Feature you choose from the time that it is provided to you. You will be charged either on a monthly subscription basis or on a per use basis, depending on your chosen Optional Feature(s). You must keep and pay for each Optional Feature for at least 30 days unless we tell you otherwise.
3. Faults and Repairs
3.1 If you are a Sky Talk Line Rental customer and there is a fault with your Sky Talk service, you should contact Sky Customer Services on 08442 410 499, not BT. We will try to resolve any fault within five working days of receiving notice of the fault from you. Any fault investigation and repair work shall take place between 0800 – 1700 Monday to Friday, excluding public and Bank Holidays.
3.2 We will be responsible for faults arising out of any act or omission by us or faults due to fair wear and tear on your line. We will not be responsible for any fault or wear and tear on any part of your line beyond the primary telephone socket onwards inside your home.
3.3 You will take all reasonable care to ensure that your telephone line and equipment is kept in good working order. You will be responsible for the reasonable costs of engineer call outs, replacement equipment and/or labour charges if:
(a) you do not give the engineer access to your Address at the time agreed between you and Sky;
(b) you cancel the engineer’s visit after it has been requested without at least 1 working day’s notice;
(c) the engineer attends but finds there is no fault with your line;
(d) we reasonably believe that the fault was caused by you or your equipment or by anyone for whom we are not responsible;
(e) the fault is found to exist as a result of your failure to follow our reasonable instructions or these Conditions; or
(f) the fault is on any part of your telephone line beyond the primary telephone socket onwards inside your home, and has not been caused by us or anyone for whom we are responsible.
Details of engineer call out fees, replacement equipment costs and labour charges can be found on the Sky Talk website (www.sky.com/skytalk) or by calling Sky Customer Services on 08442 410 499.
3.4 You will provide a suitable and safe working environment for us and/or BT as our agent whilst carrying out any work at your Address, including any line installation work. You will also need to:
(a) prepare your premises in accordance with any reasonable instructions from Sky or BT;
(b) get any necessary permissions to enable your line to be installed or repaired, including any permission to cross land or put equipment on property owned by someone else;
(c) provide a suitable place and conditions for equipment including connection points required;
(d) provide access to electricity, as reasonably required by Sky or BT, to connect or repair your line.
4. Telephone numbers and transferring your number
4.1 You accept that you do not own any telephone number we make available to you. You agree not to sell or transfer any number provided to you or to advertise it in or on a BT phone box.
4.2 We may need to change your telephone number. We will try to do so only when it is reasonably necessary or when we are requested to do so by a competent authority. We will tell you before we change your number.
4.3 You may request us to transfer your number from another telephone provider. We will try to do this if it is reasonably practicable. If it is not reasonably practicable, we will provide you with a new number.
5. Indirect Access Calls
5.1 We may restrict your ability to make calls using a prefix number to access a different telephone provider ("Indirect Access Calls") at any time by giving reasonable notice to you.
5.2 If we allow you to make Indirect Access Calls, these calls may be billed by the service provider you have chosen, and may not appear on your Sky Talk bill. You will have to pay us for any Indirect Access Calls appearing on your Sky Talk bill.
COMPANY DETAILS
British Sky Broadcasting Limited (Registration No. 2906991), Sky-In-Home Service Limited (Registration No. 2067075), Sky Subscribers Services Limited (Registration No. 2340150), Easynet Telecommunications Limited (Registration No. 2883980) and News Optimus Limited (Registration No. 2927001) are direct or indirect subsidiaries of British Sky Broadcasting Group plc (Registration No. 2247735).
British Sky Broadcasting Limited, Sky-In-Home Service Limited, Sky Subscribers Services Limited and News Optimus Limited are all incorporated in England and Wales and share the same registration office at Grant Way, Isleworth, Middlesex TW7 5QD. Easynet Telecommunications Limited is incorporated in England and has its registration office at 44-46 Whitfield Street, London, W1T 2RJ.
Sky Broadband S.A. Société Anonyme. 23 Avenue Monterey, L-2086 Luxembourg R.C.S Luxembourg B-118.641.
Your Rights to Cancel Sky Talk
If you ordered Sky Talk from us either over the internet, by telephone, text or via your set top box you may cancel your order at any time up to the date your Sky Talk service is activated.
You can cancel Sky Talk by:
(i) calling 08442 410 499;
(ii) writing to Sky Subscribers Services Limited Customer Relations Department, PO Box 99, Livingston, West Lothian EH54 7PR;
(iii) sending a fax to 01506 484 701; or
(iv) sending us an email by visiting the ‘Contact Us’ section at sky.com
You must give your name, address, post code and customer number in order to cancel Sky Talk.
This cancellation right does not affect your statutory rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.
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