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Provided for Reference and Information Purposes Only
Sky digital subscription contract Terms and Conditions
These are the Terms and Conditions of your Sky digital Subscription Contract. These are the conditions you must keep to if you want to take Sky's digital television services. We are Sky Subscribers Services Limited ("SSSL") and we are acting as agent for British Sky Broadcasting Limited ("BSkyB"). References to "Sky", "we" or "us" in this Contract shall be read as references to BSkyB. You can contact us at PO Box 43, Livingston, West Lothian, EH54 7DD or call 08702 40 40 40.
1. Definitions
In these Conditions:
Address: the address of your home in the United Kingdom which you have notified to us, (to be filled in on step 4 of the buying process entitled "Your Details").
Channels: the television channels we may include in any of the Sky Entertainment Packages, the Sky Premium Channels and any digital bonus channels and Stand-alone Premium Channels or digital enhanced channels we may offer.
Conditions: the conditions in this Contract and any changes we may make to them.
Contract: the contract between you and us authorising you to receive the Service for private viewing at your Address.
Set Top Box : an authorised satellite decoder using Sky's digital conditional access (encryption) system.
Minimum Term: the first 12 months from the date your viewing card is first enabled to receive the Service under this Contract.
Option: any of the options set out in the channel package option grid together with any Stand-alone Premium Channels chosen by you or any other option we may offer you.
Service: the Option chosen by you. If during this Contract you want to change your Option and we allow this, the Service is the new Option you choose.
Sky Entertainment Package: each of the packages of basic channels we may offer from time to time, each made up of a number of basic channels transmitted digitally. No basic package will include any Sky Premium Channel, bonus channel, Stand-alone Premium Channel or enhanced channel that we offer.
Sky Premium Channels: such of Sky Movies Premier, Sky Movies Max, Sky Sports 1 and Sky Sports 2 as Sky transmits in digital from time to time and/or any other digital channel we may tell you is a Sky Premium Channel (but this does not include Stand-alone Premium Channels).
Stand-alone Premium Channel: a channel which you may choose to include, for an additional charge, in your Option under the terms of this Contract.
Subscription Payment: the payments you must pay us to provide the Service.
United Kingdom: the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
Viewing Card: the card which will allow you to receive the Service when used with a Set Top Box.
2. Subscription Payments
(a) You must pay us Subscription Payments every month in advance in the way you have chosen. For both Direct Debit and Credit Card options we will collect the amount due automatically from your account each month after we have sent you your first Viewing Card.
b) We can charge a reasonable administration fee if you want to change your chosen Option and we allow this. Unless we agree otherwise, you must remain with and pay for any Option that you choose for at least one month (unless this Contract is terminated before the end of such month). You can only choose one of the numbered Options, and you can also choose to add any Stand-alone Premium Channels we may offer as part of the Service that you receive. You cannot choose individual Channels within any numbered Option.
(c) We may change your Subscription Payment at any time by giving you at least one calendar month's notice. However, during the Minimum Term, unless it is for a reason set out in Conditions 2(d) or 4, we may increase your Subscription Payment only once. That increase will not be more than:
(i) 10%; or
(ii) the increase in the Retail Price Index over the 12 months before we tell you about that price increase, whichever is greater.
This price increase will not affect you during the first 60 days after you first subscribe to receive digital services from Sky. These limits do not apply to any Stand-alone Premium Channels. Your Subscription Payment will also change during the Minimum Term if you change your Option and you will immediately pay the then current price for that new Option.
(d) We may also increase your Subscription Payment:
(i) if we add extra channels to your chosen Sky Entertainment Package. During the Minimum Term you may choose not to receive these extra channels and your Subscription Payment would not then increase for the remainder of the Minimum Term except according to Condition 2(c). From the end of the Minimum Term you will receive all channels included in your chosen Sky Entertainment Package and pay the then current price for it. The limits described in Condition 2(c) do not apply to any change in your Subscription Payment for any reason listed in this Condition 2(d); and/or
(ii) if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Payment directly or our pricing structure generally.
(e) We may alter your Direct Debit or Credit Card instruction if your Subscription Payment 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 that we may charge under that instruction.
(f) We may refuse your application for subscription based on the results of an assessment of your credit standing using credit scoring. We may from time to time also use credit scoring to assess your credit standing during your subscription; we will apply reasonable practices for administering your account based on the result of that scoring, including, if we believe it is reasonable, applying different payment terms to your account. We may use information from, and supply information to, outside agencies for this credit scoring.
3. Channels and Programming
(a) We can replace or withdraw advertised programmes. We can change or reduce the number of hours of any Channel's broadcast. If any Channel broadcast by Sky is interrupted for the showing of any Sky Box Office programme or event, then we will ensure that you will not lose any programmes because of that interruption. We may encrypt or unencrypt any Channel.
(b) We can withdraw any Channel. If we withdraw any Sky Premium Channel or Stand-alone Premium Channel, you will only have to pay the prevailing Subscription Payment for the Option you are actually receiving after we do so. If you subscribe to any Sky Premium Channel, your Subscription Payment includes your chosen Sky Entertainment Package. Alternatively, each Sky Entertainment Package is available on its own at a separate charge. Whatever Option you choose, if we vary your chosen Sky Entertainment Package or withdraw it or any channels in it, and we offer the channels previously available in it in one or more different channel packages then you can either move to one of the new packages (in which case we will confirm to you how your Subscription Payment will change) or, until the end of the Minimum Term, you can keep the same selection of channels at the same price (except for any channels no longer offered by Sky or where the owner of any channel will not agree that you can receive it in this way). At the end of the Minimum Term, you will be able to choose any Option then available and pay the current price for it.
(c) Many Channels that we provide are supplied by other broadcasters and their availability is outside our control.
(d) We may supply digital bonus channels or digital enhanced channels within your Option which you will not have to pay for. We can withdraw or change these channels without giving you notice. We can also change any digital bonus channel or digital enhanced channel you are receiving into a channel that you must pay for if you want to continue to receive it. If we do this in respect of a digital bonus channel during your Minimum Term you shall continue receiving that channel without payment until the end of your Minimum Term. If we introduce a charge for any digital enhanced channel, we will tell you what charge will apply if you wish to continue to receive that channel.
(e) If you choose to receive any Sky Premium Channel, or Standalone Premium Channel, we will send you as part of the Service a copy of a satellite television magazine published by Sky. We can stop providing this magazine by giving you at least one calendar month's notice.
(f) This Contract does not authorise you to receive any pay-per-view television programmes or services of any kind. If you do choose to purchase any pay-per-view programmes or events from Sky, each purchase will be on the relevant service's standard terms and you authorise us to charge any payment for these pay-per-view services under the Direct Debit or Credit Card instruction that you provide to us under this Contract.
(g) You will not use the Service or any part of it other than to view the Channels at your Address.
Sky Subscribers Services Limited
Reg'd in England (No 2340150)
Registered Office: Grant Way, Isleworth, Middlesex TW7 5QD
4. Extra Channels
We may offer you extra Sky Premium Channels or Stand-alone Premium Channels. If we offer you these extra channels under these Conditions and you decide to take them, they will be included in the Service. We will confirm to you what charges apply to these channels and how your Subscription Payment will change. The limits described in Condition 2(c) do not apply to any increase in your Subscription Payment for any reason listed in this Condition 4.
5. Your Viewing Card
(a) Your Viewing Card acts as a key so that you can unlock (unencrypt) the Service. Having the Viewing Card does not mean you have a right to receive the Service. You are only entitled to one Viewing Card under this Contract.
(b) SSSL continues to own the Viewing Card after it is sent to you and, if we ask you to, you must return it after this Contract ends or if SSSL asks you to when a replacement is sent to you.
(c) Only you may use the Viewing Card which SSSL sends you. You can only use the Viewing Card at your Address with the Set Top Box in which it is first used to receive the Service and you must only use it for private viewing purposes. You must not use it in a hotel, motel, pub or other licensed premises, club, office, retail premises or similar place. (See also Condition 9). You may only receive the Service via one Set Top Box under this Contract.
(d) The Viewing Card must not be used outside the United Kingdom or Republic of Ireland.
(e) Any change of your address must be notified to SSSL immediately.
(f) If you give your Viewing Card to anyone else SSSL can make it invalid.
(g) You must not tamper with the Viewing Card or use it for anything we or SSSL do not authorise.
(h) In order to continue to receive the Service without interruption, your Viewing Card must be kept in your Set Top Box at all times and you will need to keep the Set Top Box connected to a mains supply and suitable satellite dish and in standby mode while not in use. You must allow SSSL to update the software in your Set Top Box by sending additional signals via satellite to your Set Top Box. The software in your Set Top Box remains our property.
(i) We and SSSL shall be entitled to disclose your name, address and the services you receive via the Viewing Card as part of the proper administration of the digital satellite system.
(j) If your Set Top Box is connected to a telephone line, information may be passed from it to us and vice versa by telephone.
6. How long is the Card valid for
(a) For security reasons your Viewing Card will be replaced from time to time. We will try to send you a new Viewing Card before the old one becomes invalid. We will advertise (on air or in Sky's satellite television magazine or in writing) when Viewing Cards are to be replaced.
(b) We may authorise SSSL to make the Viewing Card invalid if it is necessary to protect the security of Sky's conditional access system or if we believe you are using the Viewing Card in ways which we have not authorised, or where it is otherwise reasonable for us to do so.
(c) If you have missed any payments you owe to us we can suspend the Service without giving you notice by making your Viewing Card invalid. This does not affect our right to end this Contract under Condition 11 below.
7. Lost, stolen or malfunctioning Viewing Cards
(a) If your Viewing Card is lost, stolen or damaged, you must tell us immediately either by phoning 08702 40 40 40 or by writing to: SSSL, PO Box 43, Livingston, West Lothian, EH54 7DD. We can charge you the cost of replacing your Viewing Card if it is lost, stolen or damaged.
(b) If your Viewing Card does not work, you must also tell us. If you return it, we will replace it free of charge if it had a defect when it was supplied to you. If the card is faulty or damaged in any other way or you do not return the faulty Viewing Card, we can charge you the cost of replacing it. We will make invalid any Viewing Card that you tell us does not work and is replaced.
8. Liability
We will not be liable under this Contract for:
(a) any fault in a Set Top Box or other receiving equipment you use;
(b) any fault in your Viewing Card caused by you tampering with it, your negligence or failure to follow our instructions;
(c) use of a Viewing Card with any decoding apparatus we do not authorise;
(d) the ending by you or us of this Contract according to Condition 11;
(e) our failure to provide the Service caused by events outside our reasonable control;
(f) any loss or damage caused by us or our employees or agents in circumstances where:
(i) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of any such breach;
(iii) any increase in loss or damage results from a breach by you of any term of this Contract.
As agent for BSkyB, SSSL has no liability to you.
9. Copying and Copyright
(a) You must not do any of the following:
(i) copy (except as allowed under section 35 (showing in schools) and section 70 (time shifting for private and domestic use) of the Copyright Designs and Patents Act 1988 ("Act"), redistribute or relay any of the Channels or any part of them, or otherwise deal with the Channels or any part of them other than as permitted by the Act. The exceptions in these sections are limited and you must make sure that you are legally entitled to rely on one of them; or
(ii) sell or make any charge for watching any Channel or programme; or
(iii) show any Channel in public to an audience, even if no charge is made.
(b) We may disable or alter remotely certain functions of your Set Top Box so as to prevent you from copying the Channels and we may prevent you receiving the Service if your Set Top Box allows copying of any Channels which we are bound by contract to prevent.
10. Changing the Conditions
(a) We may not change or add to Conditions 2(c) or (d), Condition 3(d), Condition 8 or this Condition 10 except for security, legal or regulatory reasons.
(b) We may not change or add to any other Conditions unless it is reasonable to do so.
(c) We will give you at least one calendar month's notice of any changes or additions. We will not use this right to vary the terms of any special offer which applies to you and you have accepted during the term of the offer.
11. Ending the Contract
Unless Conditions 11(a) or (b) apply, this Contract will stay in force for at least the Minimum Term. The Contract will continue after this time unless it is ended according to the Conditions below.
(a) You may end this Contract at any time during the Minimum Term by giving us one calendar month's notice if we
(i) tell you we are going to change these Conditions or
(ii) withdraw Sky's satellite television magazine (if you are entitled to receive it), any Sky Premium Channel or Stand-alone Premium Channel or bonus channel in your chosen Option; or
(iii) reduce significantly the number of Channels within, or the level of service of, your chosen Sky Entertainment Package. If you want to end the Contract after the Minimum Term for any reason, just give us one calendar month's notice.
(b) If you break any of the Conditions of this Contract, we can terminate the Contract by giving you seven days' written notice at any time (including during the Minimum Term).
(c) Except where you break the Conditions of this Contract, we will not terminate this Contract during the Minimum Term. We may during that period and later vary this Contract and the Service in the ways described in this Contract. We may terminate this Contract after the Minimum Term by giving you one calendar month's notice.
(d) If you or we end this Contract, we will make your Viewing Card invalid and you will not be entitled to receive the Service any more.
(e) We will not refund any Subscription Payments or other payments made under this Contract if we end this Contract because you have broken the Conditions.
12. Right to transfer the Contract and Third Parties
(a) We can transfer our rights or 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. You may not transfer your rights or obligations under this Contract to anyone else.
(b) This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to Condition 12(a).
13. Notices
If we give a notice that is required under this Contract, it must be in writing.
If we send you any notice with any other document, such as Sky's satellite television magazine, the notice will be on a separate sheet of paper and will be clearly marked.
14. Law and geographical limits
(a) This Contract is governed by English Law. Any disputes can be dealt with by the courts in England and Wales or any other United Kingdom court that could lawfully deal with the case under the Civil Jurisdiction and Judgements Act 1982.
(b) You may use this Contract only if you live in the United Kingdom.
Sky Subscribers Services Limited
Reg'd in England (No 2340150)
Registered Office: Grant Way, Isleworth, Middlesex TW7 5QD
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