These are the Terms and Conditions that apply to National Broadband 24seven unmetered dial-up internet service. These Terms and Conditions may be amended by us from time to time. It is your responsibility to be aware of such changes, which will take effect when posted.
- "BT" means British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ;
- "Charges" means any or all charges payable by you to Virgin Media Payments, whether for Internet access and/or for any other services or goods which you purchase from Virgin Media from time to time'
- "Customer Service Site" means the website which provides you with information on our services and your account details;
- "Customer Support" means support provided by the Virgin Media call centre and/or the site (including the Virgin Media chat and remote assistance service);
- "the Internet" means the global data network comprising interconnected networks using Transmission Control Protocol/Internet Protocol;
- "Pay As You Go/PAYG" means National Broadband metered Internet access service, charged on a pence per minute basis as set out at: http://www.virgin.net/helpme/faq
- "Service" means the 24seven service chosen by you during the registration process and provided to you by Virgin Media whereby you may gain direct access to the Internet via the telecommunications network and, where applicable, any additional services and facilities provided by Virgin Media for you in connection with the Service;
- "Service Announcements" means email bulletins which contain important information on the provision or price of the Service, changes in the Terms and Conditions of Service, changes in the nature of the Service or any information which may affect your ability to use the Service;
- "Site(s)" means the website located at www.virginmedia.com and any other website associated with the Service;
- "Virgin Media" or "we" means Virgin Media Ltd, the company registered in England and Wales under company number 2591237 whose registered office is at Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP ;
- "Virgin Media Payments" means Virgin Media Payments Ltd, the company registered in England and Wales under company number 6024812, whose registered office is at Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP.
- "You" and "your" means you, the person entering into this agreement with Virgin Media and Virgin Media Payments;
- "24seven" means National Broadband unmetered Internet access service charged via monthly subscription and, where applicable, any services and facilities provided by Virgin Media for you in connection with the service. This Service is accessible 24 hours a day; and
- "24seven Back-Up Service" means the Virgin Media metered Internet access service, charged on a pence per minute basis, provided as a back-up facility for the 24seven service. This is charged in the same way as Pay As You Go, however a different dial in number may be required. For clarity, using the 24seven Back-Up Service does not constitute changing your package to Pay As You Go.
B. Virgin Media's Obligations:
- provide you with access to the Service via a freephone number so that you only pay the Charges and do not pay any additional charges to your telephone provider for the Service;
- provide high standards of Customer Support 7 days a week, 365 days a year;
- provide sufficient access servers to ensure a high standard of connectivity to the Service. In order to ensure such a high standard of connectivity on 24seven, Virgin Media shall automatically disconnect your access to the Service if you have been connected for a continuous period of two hours. You may then immediately reconnect to the Service;
- ensure that original content created by or for Virgin Media and offered through the Service meets normal professional editorial and publishing standards;
- permit single Channel ISDN access to the Service;
- provide you with a webmail service;
- provide you with an anti-spam feature as part of the service which will review all emails sent to your accounts and will remove any email which it deems to be a spam email. Virgin Media does not accept responsibility for the filtering of any bona fide non-spam emails, nor can it guarantee that the anti-spam feature will remove all spam emails; and
- utilise an anti-virus feature which will review all emails sent to your account and will clean anything deemed to contain a virus. If the virus cannot be cleaned it will be removed from the email. Virgin Media does not accept responsibility for the usability of any cleaned files, nor can Virgin Media guarantee that all emails will be free from viruses.
C. Conditions of Use
- Dialling In: You must dial in from a BT UK residential (PSTN) telephone line in order to gain access to the Service. You must dial in from the registered phone number you provide to us upon registration for the Service. Virgin Media refers to this as 'your calling line identity' ("CLI"). Virgin Media gives you the option to change your registered phone number once per month.
- Idle Time: Virgin Media may disconnect your access to the Service if you have not been actively using the Service for ten minutes continuously, provided that you may then immediately reconnect to the Service.
- Back-Up Service: If you use the 24seven Back-Up Service, you will incur call charges at your telephone service provider's local call rate, chargeable via your phone bill in addition to your monthly Service subscription. Use of the 24seven Back-Up Service is entirely at your discretion and we will not under any circumstances offer compensation for call charges incurred as a result.
- Monitoring: Virgin Media may monitor communications, including without limitation any content or material transmitted over the Service.
- Service Announcements: Virgin Media reserves the right to email Service Announcements to all Customers as part of the Service.
- Email Box Usage: Virgin Media will monitor email box usage taking appropriate action within the following guidelines:
- When you register with us you are entitled to five email addresses. The email address you agreed to during the registration process is your "primary" account and the remaining four email addresses are your "secondary" accounts. Your primary and secondary Post Office Protocol (POP) mailboxes each have a disk quota. Quotas are set out at http://www.virgin.net/helpme/email/questions. Any emails received when the mailbox quota has been reached will be rejected.
- Emails (whether read or unread) that are over 90 days old shall be automatically deleted.
- Where data has been deleted or barred and mailboxes disconnected, we will not store or reserve either your data or your username.
- Each email sent from your mailbox must not exceed the maximum email size in order to help customers manage their quota. Maximum sizes are set out at http://www.virgin.net/customers/helpme/email/questions.
- Freespace: Information and material published on the Freespace area of the www.virginmedia.com site owned by you shall remain owned by you; however, you hereby grant to Virgin Media a royalty-free, irrevocable licence to copy and distribute such information and material solely to the extent necessary to allow Virgin Media to make the same available via the Service. For the avoidance of doubt, this licence does not transfer ownership of the whole or any part of such information or material or any copyright, idea, concept, know-how or technique contained in the same.
- Chat, Discussions and User Reviews: All information and material submitted to and accepted by Virgin Media via the Service or the Site by way of contributions to chats, discussions and user reviews shall be deemed to be and shall remain your property. However, you hereby grant Virgin Media the royalty-free, perpetual, irrevocable, non-exclusive right to use, edit, copy, republish and distribute (for any purpose) any materials, data or other information that you submit to Virgin Media and you will not submit any such content unless you are able to grant this right. Virgin Media shall not be subject to any obligations of confidence regarding such information, data or materials except as required by law.
D. Your Obligations
- be responsible for interoperability between your PC, modem and the public telephone service;
- pay on demand the Charges to Virgin Media Payments. You acknowledge that Virgin Media Payments shall not necessarily collect these charges on the same day of each month; and
- provide Virgin Media with your registered telephone number (which we refer to as your "calling line identity") when requested by Virgin Media;
- only use the Freespace in accordance with Freespace Terms and Conditions;
- only access and use the Site in accordance with these Terms and Conditions and in accordance with and subject at all times to all applicable laws and regulations anywhere subsisting in the world. We reserve the right without notice at any time and at our discretion to suspend or discontinue your access to or use of the Site in the event that such access or use would be unlawful under any applicable law or regulations subsisting anywhere in the world.
- be responsible for the content of and all information contained in your communications to the Site, including the lawfulness, truthfulness, decency and accuracy of such communications. You are also solely responsible for the use to which you put all information, data and results from the Site;
- be responsible for using the correct number when you use the Service. The number will start with 0808. If you use any other number to access the Service you may incur call charges and will be responsible for payment of those charges.
E. Acceptable Use Policy
When using the Service or accessing or using the Site you will not:
- commit or encourage a criminal offence;
- send, receive, upload, download, use or re-use any information or material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights;
- do anything which is contrary to the acceptable use policies of any connected networks and Internet standards;
- insert or knowingly or recklessly transmit or distribute a virus;
- seek unauthorised entry into back office;
- hack into any aspect of the Service;
- corrupt data;
- circumvent, or attempt to seek to circumvent, any of the security safeguards of Virgin Media or any of its suppliers;
- use the Service to cause annoyance, inconvenience or needless anxiety to subscribers or others;
- use any domain name or mailbox name so as to infringe upon the rights of any other person whether in statute or common law, in a corresponding trade mark or name;
- send or provide any unsolicited advertising or other promotional material, commonly referred to as "spam" by email, webmail or by any other electronic means; or
- send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities;
- hold Virgin Media or any of its third party contractors liable in relation to the accuracy, reliability, availability and performance of resources accessed through the Internet which, you acknowledge, are beyond their control and are not in any way warranted or supported by Virgin Media or its third party contractors;
- use the Service other than for your personal use, and you acknowledge that Virgin Media shall not in any way whatsoever be liable to you or to any third party for any business losses (including without limitation any loss of profits, business or anticipated savings or for any destruction of data) suffered in any way whatsoever by you or any third party;
- use the Service in a way that does not comply with the terms of any legislation or any licence applicable to you or that is in any way unlawful;
- use any software application, device or other service to maintain a connection to the Service even though you are not actively using the Service;
- access the Service from more than one computer simultaneously;
- use the Service in any way which, in Virgin Media's opinion, is, or is likely to be, detrimental to the provision of the Service to any other Virgin Media customer. This includes, but is not limited to, running any application or program that places excessive bandwidth demands on the Service;
- employ a misleading email address or name or falsify information in the header, footer, return path or any part of any communication, including without limitation any email transmitted through the Service;
- directly or indirectly act or omit to act in any way which may infringe, damage, or endanger any intellectual property rights (or any goodwill attaching thereto) which may now or in the future subsist in any part of the world of us or any third party;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- permit any third party to do any of the above.
- For any and all Charges payable to Virgin Media Payments you will:
- pay via Direct Debit or with a UK debit/credit card registered in your name;
- not use an invalid or false bank account, credit card or debit card or an out of date debit / credit card (and for these purposes, there must be at least one month prior to the expiry date of the credit or debit card);
- ensure that there are sufficient funds available in your account registered with us to pay for services charged by Virgin Media and/or Virgin Media Payments to you;
- refund to Virgin Media and/or Virgin Media Payments the cost of collecting outstanding payments owed or charges incurred due to failed or referred transaction(s); and
- immediately notify Virgin Media by telephone, post, or email of changes to your credit/debit card details. You can also update payment details in the "My Account" section on the Site.
- When selecting an alternative package with Virgin Media, any outstanding Charges from this Service will require settlement in full.
- Virgin Media and Virgin Media Payments:
- reserves the right to claim from you any outstanding Charges;
- will not be able to issue business invoices;
- reserves the right to increase or decrease fees from time to time. Details of any increase in Charges will be communicated to you by post or email. Your right to cancel the Service shall apply, as set out in clause G.
G. Cancellations and Refunds
- By law, you have the right to cancel this Agreement within seven working days of entering into it (the "cooling off period"). In the event of cancellation during the cooling off period, this Agreement is treated as if it had not been made. However, please be aware that you will lose your right to cancel during the cooling off period once we have provided you with the Service or you use the Service, whichever is the earlier.
- 2. If you wish to cancel your account ("Account Cancellation"), you must notify the Virgin Media cancellation team by telephone (the "Notification"). The telephone number for cancellations can be found at https://national.virginmedia.com/cancellation/number. To access the number you will need to log in using your Virgin Media email address and password.
- You acknowledge that cancellation of your account shall only be valid if notified to Virgin Media in accordance with the above provisions. Except for cancellations made under clause G.1 above, any and all cancellations of accounts shall be effective on the Effective Cancellation Date. The "Effective Cancellation Date" shall be your next month's billing date following Notification. The Service will be available for your use from the Notification to the Effective Cancellation Date and no refunds will be given for the period between your Notification and the Effective Cancellation Date.
- Effect of Account Cancellation
You shall be responsible for all Charges relating to your account up until the Effective Cancellation Date.
- On Account Cancellation, any email and webspace (Freespace) data, all email addresses (both primary and secondary email addresses) and any other features provided as part of the Service will be deleted and we regret that we will be unable to retrieve this data. We will not be able to reassign the same email address to you at a later date if you decide to re-register.
- Changing to another Virgin Media Service
If you change to another National Broadband service you can do so online in the "My Account" section of the Site. Any money owed to you for that part of the Service not used, will be credited to your new Virgin Media service. With any such change, the terms and conditions of service which apply to your new service will supersede these Terms and Conditions. All of your existing account details including your email and webspace (Freespace) data and your email addresses will be carried over for use with your new National Broadband service provided that you change to the new National Broadband service by either using "Change Package" in the "My Account" section of the Site or by calling Virgin Media support. If you terminate your current Service and register for a new service clause G.5 applies.
- Virgin Media may terminate this Agreement and the Service, or may suspend all or a part of the Service by immediate notice, if you are in breach of any of the terms of this Agreement. Any email and webspace (Freespace) data and your email addresses will be deleted and we regret that we will be unable to retrieve this data.
- Virgin Media may otherwise terminate this Agreement without notice if it deems, in its sole discretion, such termination necessary, provided that Virgin Media will reimburse you upon such termination of your account, for any days' service that you have already paid for in advance but cannot use. This is calculated as the number of days between the termination of your Service and your next billing date, provided that the account is not already in arrears.
I. Intellectual Property
- Intellectual property rights in all software and the Site (including the design, text, graphics, and any other material appearing on the Site) and any other content supplied to you remains the property of Virgin Media or its licensor or other content owner. You will comply with the terms of any agreement required by the owner of intellectual property rights in all software and content supplied to you as notified to you.
- You may store, manipulate, analyse, reformat, print and display the content supplied solely for your own personal use. In no event are you permitted to publish, re-transmit, re-distribute or otherwise re-produce any of the content supplied to you or which appears on the Site in any format to anyone and you are prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
- You may use software supplied by Virgin Media on any single computer and on a second computer provided that the first and second computers are not used simultaneously and you may make one copy of such software only for archival or back-up purposes and provided that any copy contains all of the original software's proprietary notices (including, without limitation, intellectual property notices).
- You shall not modify, translate, reverse engineer, decompile, disassemble (except to the extent that applicable laws specifically prohibit such restriction) or create derivative works based on any software supplied by Virgin Media or any documentation accompanying such software.
- You shall comply with the terms and conditions of use in relation to the software provided with the Service as made known to you by Virgin Media, and with any applicable export or re-export laws and regulations, including obtaining written authority from the USA Government if you intend at any time to re-export any items of USA origin to any proscribed destination.
- Virgin and the Virgin Signature Logo are registered trade marks of Virgin Enterprises Limited and are used under license.
J. No warranty
- Virgin Media is providing the Service and the Site on an "as is" basis and makes no representations or warranties of any kind with respect to the accuracy, completeness or reliability of the Site, the content contained in the Site (including any text, graphics, advertisements, links or other item) or any website you access via the Site, the Service or any software or content supplied to you and disclaims all such representations and warranties.
- In addition, neither Virgin Media, its third party contractors nor any other contributor to the Service or the Site makes any representation or gives any warranty, condition, undertaking or term either express or implied as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses of the content or software contained on the Site or supplied in connection with the Service or that any such content or software will be accurate, up to date, uninterrupted or error free.
- You should note that prices appearing on the Site are not offers from us or from third parties offering goods or services on the Site. They are an invitation for you to make an offer. Please read the terms and conditions of the relevant third party before entering into a transaction on the Site.
- We may provide links, including hypertext links, from the Site to other websites, resources, advertisements or sponsorships, either directly or indirectly through the contractual partners, which are not under our control. Information contained on the Site which has been provided by third parties and/or information on any other website which is accessed via the Site has not been independently verified by Virgin Media. We accept no responsibility for these links and do not endorse their contents and we shall have no liability to you for any failure on the part of the operator of the linked site or any of its suppliers to fulfil any obligation owed to you or for any defective or deficient product or service any of them might supply to you. Should a dispute arise between yourself and any third party due to use of the Site, we will use reasonable endeavours to assist its resolution but we will not be responsible for any loss or damage suffered as a result. If you decide to access other websites, you do so completely at your own risk.
- You acknowledge that you are solely responsible for the use to which you put the Service, (which use shall for the avoidance of doubt be limited solely to a personal use, excluding any and all business users), and all information, data, and results that you obtain from using it and that all warranties, conditions, undertakings, representations and terms, whether express or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
- Save in respect of liability for death or personal injury arising out of negligence, Virgin Media, Virgin Media Payments and all contributors to the Site and the Service hereby disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever and howsoever incurred including any consequential, special, secondary, or indirect loss or damage or any damage to goodwill or profits or any loss of anticipated savings incurred by you, whether arising in tort, contract or otherwise, and arising out of or in relation to or in connection with your access to or use of or inability to use the Site, the Service, or any software or content supplied to you in connection with the Service, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if Virgin Media, Virgin Media Payments or its employees or agents are advised of the possibility of such damages, losses or expenses.
- Neither Virgin Media nor Virgin Media Payments shall be liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other services (including domain name registration authorities and any transaction entered into between you and third parties offering goods or services on the Site) or for faults or failures in such third parties' equipment.
- Subject to clause K.1 and K.2 above, Virgin Media's and Virgin Media Payments' maximum aggregate liability under this agreement whether arising from negligence, breach of contract or otherwise shall be limited in respect of one incident or series of two or more related incidents to an amount equal to the cover provided to Virgin Media and/or Virgin Media Payments under their respective policies of insurance.
- You will indemnify and hold harmless Virgin Media and Virgin Media Payments from and against all losses, liabilities, damages, costs, expenses, actions and claims suffered or incurred by Virgin Media, Virgin Media Payments and/or its employees and/or agents arising out of or in connection with any breach by you of these Terms and Conditions.
L. Variation of content
Virgin Media reserves the right in its absolute discretion at any time and without notice to remove, amend or vary any of the content supplied in connection with the Service or which appears on any page of the Site.
M. Data Protection
If any part of our Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
O. Governing law
These Terms and Conditions shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.
Notices (if any) given under this agreement shall be delivered by hand or sent by prepaid first class post or electronic mail in the case of either party. Electronic mail shall be deemed to be delivered when it is sent.
Q. Entire agreement
These Terms and conditions and attached schedule set out the whole of our agreement relating to our supply of the Service. They cannot be varied except in writing by a director of Virgin Media. In particular nothing said by any sales person on behalf of Virgin Media should be understood as a variation of these Terms and conditions or an authorised representation about the Service or the nature and quality of items displayed thereon. Virgin Media shall have no liability for any such representation being untrue or misleading.