SKY BY WIRE

Important Terms of your Subscription Contract

Can I become a Sky By Wire subscriber?
Yes, if you are 18 or over, have entered into an agreement with the Network Provider to provide Network access services to your home and the Sky By Wire Service is only used at your home in either the UK or the Republic of Ireland. If you move, you must let us know your new home address.

Why do I need a Subscription Contract?
This Contract sets out the conditions which you and Sky have to keep to in relation to the Sky By Wire Service. This Contract does not cover channels which are not part of the Sky By Wire Service, or any other services which may be provided by the Network Provider.

How long does my Subscription Contract last?
The Sky By Wire subscription lasts for a minimum of one month from when your Equipment is enabled to receive the Sky By Wire Service, unless you or we are allowed to end it earlier for one of the reasons given in Condition 8.

Will my subscription cost go up and how much notice will I get if you increase prices?
We can increase your subscription payment at any time. We promise to give you at least one calendar month’s notice before we put up the price of your subscription, unless the price change results from you changing your Sky By Wire Service. If you are not the payer of the subscription, you should tell the payer of any notice of price increase we send you.

Will the Sky By Wire Service change?
The Sky By Wire Service may change, as it is variable. This means that we can change programming, change or withdraw any Option, and change, withdraw or interrupt the channels you receive in your Sky By Wire Service.

What happens if you withdraw a channel?
If we withdraw any Option, channel or channels and, as a result, you receive a cheaper Option than the one you got immediately before the withdrawal, we promise to reduce the price you pay to the then current price for that different Option.

What about bonus channels and other free channels?
Bonus and other free channels are provided at Sky’s discretion and you don’t pay for this part of the Sky By Wire Service.

What happens if a channel turns into a Sky Premium Channel or a Stand-alone Premium Channel?
If we change any bonus or free additional channels in your Option into a channel which you would normally have to pay extra to get, we’ll let you know what charge will apply if you wish to carry on receiving it.

Can I add other channels?
Yes. You can add other Sky Premium Channels at any time by contacting us on the number set out in the Packages and Contact Details insert in your Sky By Wire Information Pack. You can also subscribe to any Stand-alone Premium Channels. You must keep your new Sky By Wire Service for at least one month.

Will I be accepted as a subscriber?
You may not be accepted if you owe us or the Network Provider any money or your credit score is unsatisfactory. We can administer your account as we believe reasonable depending on the result of that scoring, which may include applying different payment terms to your account. We may use information from, or supply information to, outside agencies for credit scoring.

How do special offers affect this Contract?
If you take up a special offer, the terms of that offer will apply to your Sky By Wire subscription.

If you have any comments on our products and services, please write to
Sky By Wire Customer Administration: Sky By Wire, Homechoice Customer Administration, Video Networks Limited, The Icon, Lytton Way, Stevenage, Hertfordshire, SG1 1AL.

Calling Sky By Wire
Calls to and from Sky By Wire Customer Services may be recorded or monitored for training and other purposes.

Rights to cancel
If your Network access is suspended for any reason, the Sky By Wire Service will also be suspended. If your Network Agreement ends for any reason, we may end the Sky By Wire Service. Your cancellation rights do not affect your statutory rights.

How information we hold about you can be used
By subscribing to Sky By Wire you are agreeing that any member of the British Sky Broadcasting group may use and share the information you provide to it and information about your account with other companies in the group, including for market research and the marketing of Sky’s products and services, and can share such information with the Network Provider for this purpose. This may include sending you marketing by email or SMS about our similar products and services (unless you advise us of your preference not to receive such marketing), as well as sharing such information with licensed credit reference agencies and other companies for use in making credit decisions, for fraud prevention and to pursue debtors.

Information held by the Sky group about you and your Sky By Wire subscription account may also be shared with other companies, including for sales and marketing purposes and for market research on products and services, unless you advise us of your preference not to share such information with third-party companies.

If you haven't already told us that you don't want to receive marketing by email or SMS, or that you don’t want us to share information about you with companies outside the group (other than the Network Provider), then please call Sky Customer Services on the number set out in the Packages and Contacts insert in your Sky By Wire Information Pack.

Sky By Wire Subscription Contract
These are the terms and conditions that you must keep to if you want to view the Sky By Wire Service at your Address. This Contract is with British Sky Broadcasting Limited (“Sky”), which is responsible for providing the Sky By Wire Service.

Sky Subscribers Services Limited (“SSSL”) and/or the Network Provider may provide customer services in relation to the Sky By Wire Service as an agent for Sky. References below to “we” or “us” shall be read as references to Sky. You can contact us at Sky By Wire at the address or number set out in the Packages and Contacts insert Details in your Sky By Wire Information Pack or any other address or number we may notify to you from time to time.

1. Definitions
In these Conditions:

Address: the address of your home in the UK or the Republic of Ireland where the Equipment is installed that you notify to us from time to time.

Channels: the Sky Premium Channels, Stand-alone Premium Channels and any other channels (including bonus and free additional channels) we may offer.

Conditions: the conditions in this Contract set out below, together with the terms on the ‘Important Terms’ page, and any changes we may make to them in accordance with this Contract.

Contract: the Contract between you and us authorising you to receive the Sky By Wire Service for private viewing at your Address.

Equipment: the set-top box and other equipment necessary for viewing the Sky By Wire Service and supplied to you under your Network Agreement.

Network: the telecommunications network which enables you to receive digital television services at your Address and on which the Sky By Wire Service is distributed.

Network Agreement: the Contract between you and the Network Provider for the provision of a digital television platform and other services at your Address.

Network Provider: the person or company whose details are set out in the Packages and Contacts Details insert in your Sky By Wire Information Pack.

Option: any of the Premium Channel package options set out in the Packages and Contacts Details insert in your Sky By Wire Information Pack, as amended from time to time in accordance with the terms of this Contract.

Sky By Wire Service: the Option and/or any Stand-alone Premium Channels chosen by you. If during this Contract you want to change your chosen Option or Stand-alone Premium Channels and we allow this, the Sky By Wire Service is the new Option or Stand-alone Premium Channels you choose.

Sky Premium Channels: such as Sky Sports 1, Sky Sports 2, Sky Movies 1 and Sky Movies 2 as Sky transmits on the Network from time to time and/or any other channel we may tell you is a Sky Premium Channel available to you (but this does not include Stand-alone Premium Channels).

Stand-alone Premium Channel: a channel which we tell you is a Stand-alone Premium Channel available to you.

Subscription Payment: the payments you must pay us to provide the Sky By Wire Service.

UK: the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.

2. Subscription Payments

(a) You will be charged for the Sky By Wire Service from the first date your Equipment is enabled to receive the Sky By Wire Service under this Contract. You must pay us Subscription Payments every month in advance. For both Direct Debit and credit card options, we (or the Network Provider on our behalf) will collect the amount due automatically from your account each month.

(b) We can charge a reasonable administration fee if you want to change your Sky By Wire Service and we allow this. Unless we agree otherwise, you must remain with and pay for the Sky By Wire Service that you choose for at least one month (unless this Contract is terminated before the end of such month or where Condition 3(b)(ii) applies). You can only choose one Option and/or you can choose any Stand-alone Premium Channels we may offer. Bonus channels can not be added to your package unless you choose an Option which includes such bonus channel.

(c) We may increase your Subscription Payment at any time by giving you at least one calendar month’s notice. We may also increase your subscription payment 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 directly. Your subscription payment will also change if you change your Sky By Wire Service and you will immediately pay the then current price for that new Sky By Wire Service.

(d) You agree that the Network Provider may collect your Subscription Payment on Sky’s behalf via the Direct Debit or credit card instruction you completed when entering into your Network Agreement, or any subsequent Direct Debit or credit card instruction you provide.

(e) We or the Network Provider may alter your Direct Debit or credit card instruction if your Subscription Payment changes for any reason. We or your Network Provider 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) If you have missed any payments you owe to us, we can suspend provision of the Sky By Wire Service to you without giving you notice. This does not affect our right to end this Contract under Condition 8 below.

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. We may encrypt or unencrypt any Channel.

(b) We can vary or withdraw any Channel. We can vary or withdraw your Option. We will tell you if, as a result of any such change, your Subscription Payment changes.

For example:

(i) If we withdraw any Sky Premium Channel (either altogether or as part of your Option) or any Stand-alone Premium Channel, you will only have to pay the prevailing Subscription Payment for the Sky By Wire Service you are actually receiving after we have done so; or

(ii) If we vary your chosen Option you can move to another Option (in which case we will confirm how your Subscription Payment will change).

(c) We may supply bonus or other free additional 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 bonus channel or other free additional channel you are receiving into a channel that you must pay for if you want to continue to receive it. If we do this we will tell you what charge will apply unless you tell us that you do not want to continue to receive that Channel.

(d) You will not use the Sky By Wire Service or any part of it other than to view the Channels in private for non-commercial purposes at your Address. We may authorise the Network Provider or its agents to disenable the Equipment if it is necessary to protect the security of the relevant conditional access system or if we believe you are using the Sky By Wire Service in ways which we have not authorised, or where it is otherwise reasonable for us to do so.

4. Extra Channels

We may offer you extra Channels. If we offer you these extra Channels and you decide to take them, they will be included in the Sky By Wire Service. We will confirm to you what charges apply to these Channels and how your Subscription Payment will change.

5. Liability

We will not be liable under these Conditions for:

(a) any fault in the Equipment;

(b) the act of ending this Contract in accordance with Condition 8;

(d) any loss or damage caused by us or SSSL or any of our employees or agents in circumstances where:

(i) there is no breach of a contractual obligation or legal duty of care owed to you by us, SSSL or by any of our employees or agents; or

(ii) such loss or damage is not a reasonably foreseeable result of any such breach;

(iii) and to the extent that such loss or damage results from any breach by you of these Conditions.

(e) Where the Network Provider is acting as agent for Sky, SSSL has no liability to you.

6. Copying and Copyright

(a) You must not do any of the following:

(i) copy (except as permitted under the Copyright Designs and Patents Act 1988 (“Act”), as amended from time to time), 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 the Act 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) The Network Provider may, on Sky’s behalf, disable or alter remotely certain functions of your Equipment so as to prevent you from copying the Channels and we may prevent you from receiving the Sky By Wire Service if your Equipment allows copying of any Channels which we are bound by Contract to prevent.

7. Changing the Conditions

(a) We may not change or add to Condition 5 or this Condition 7 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) You will receive at least one calendar month’s notice of any changes or additions. This right to vary 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.

8. Ending the Contract

Unless Conditions 8(b), (c) or (d) apply, you must subscribe to the Sky By Wire Service for at least one month. The Contract will continue after this time unless it is ended according to the Conditions below.

(a) You or we may end this Contract at any time by giving one calendar month’s notice.

(b) You may end this Contract by giving us seven days’ notice at any time if we break any of the Conditions.

(c) If you break any of the Conditions or act in a way towards our staff or agents which we reasonably consider to be inappropriate, we can terminate this Contract by giving you seven days’ written notice at any time.

(d) The Sky By Wire Service is made available via the Network and the Equipment under an agreement between us and the Network Provider. If our agreement with the Network Provider ends and the Sky By Wire Service can no longer be provided to you, we will give you written notice of this fact and tell you the date that your Sky By Wire Service and this Contract will end. If we do this, you may end this Contract by giving us seven days’ notice. We will refund any Subscription Payments that relate to the period after the Sky By Wire Service ends.

(e) If you or the Network Provider brings your Network Agreement to an end, this Contract will also end, unless we agree otherwise.

(f) 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.

9. 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 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 9(a).

10. Notices

If we give you any notice that is required under this Contract, it must be in writing. If we send you any notice with any other document, the notice will be on a separate sheet of paper and will be clearly marked.

11. Law

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