National Broadband & Talk

These are the Terms and Conditions that apply to National Broadband & Talk packages (non-cabled services, minimum 12 month term). 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 on this Site.

Please read Virgin Media's Sales and Marketing Code of Practice which applies to the Talk plan part of your Broadband & Talk package.

A. Definitions

"Broadband & Talk package" means the package consisting of the Broadband Service and Talk Service you have chosen, details of which are set out at http://www.virgin.net/allyours/broadband/compare/.
"Broadband Accessories" means the wireless USB adaptors or wireless PC cards which you may need in order to utilise the Wireless Kit, or additional microfilters or other accessories recommended by Virgin Media, which you may chose to buy depending on your circumstances.
"Broadband Equipment" means the hardware which is required to access the Broadband Service You must have at least one microfilter regardless of equipment type in order to access the Wireless Kit. Your Broadband Equipment may be the Wireless Kit and any Broadband Accessories recommended by Virgin Media.
"Broadband Service" means Virgin Media's service whereby you may gain direct high speed access to the Internet via your BT phone line using ADSL (Asymmetric Digital Subscriber Line) technology, at the best available Transmission Speed that we are reasonably able to make available to you from time to time according to the Broadband & Talk package you have selected.
"Charges" means any or all charges payable by you to Virgin Media Payments in respect of the Services, Customer Service and/or any other chargeable services provided to you by Virgin Media.
"CPS" or "Carrier Pre-Select" means the method used to allow Virgin Media to become the carrier of your telephone calls over your existing BT telephone line. You must continue to pay your line rental to BT.
"Customer Service" means support provided by the Virgin Media call centre and/or the Site (including the Virgin Media chat and remote assistance service);
"Customer Service Site" means the website which provides you with information on our services and your account details.
"Dial-up Service" means our PAYG services;
"Freeview Service" means the multi-channel digital television service broadcast and administered by DTV Services Limited, whose registered office is at Broadcast Centre BC3 D5, Media Village, White City, 201 Wood Lane, London W12 7TP and whose registered company number is 4435179;
"Internet" means the global data network comprising interconnected networks using Transmission Control Protocol/Internet Protocol.
"Minimum Period" means the minimum period of 12 months that you must keep the Broadband & Talk package you have chosen, starting from the date that the Broadband Service is activated.
"Minimum Specifications" means the minimum specifications required to use the Broadband Service as notified to you at www.virginmedia.com and during the Service registration process.
"Pay As You Go/PAYG" means the National Broadband metered Internet access service, charged on a pence per minute basis as notified by Virgin Media.
"Premises" means the residential address you are asked for during registration (i.e. the address to which your BT phone line is provided) and at which we agree to provide you with the Services. We do not need to visit your Premises at any time.
"Services" means the Broadband Service and Talk Service.
"Optional Services" means any additional services that you choose to receive in addition to and which are not an obligatory component of your Broadband Service and Talk Service.
"Service Announcements" means email bulletins and other correspondence which contain important information on the provision or price of the Services, changes in the terms and conditions applicable to the Services, changes in the nature of the Services or any information which may affect your ability to use the Services.
"Site(s)" means the website located at www.virginmedia.com and any other websites associated with the Services.
"Talk Service" means the telephone service provided by Virgin Media using Carrier Pre-Select. This may include a package of calls at no additional charge to your monthly Charges. Details of the calls which are included in your Bundle are set out at http://www.virgin.net/allyours/talk."Target Activation Date(s)" means the dates when Virgin Media will endeavour to activate the Services. For the Broadband Service this will normally be approximately ten days after the day of registration and seven days after you have received confirmation from Virgin Media. For the Talk Service, we will endeavour to activate CPS on your telephone line once activation of your Broadband Service is completed. Activation of CPS on your telephone line will normally take around 8 to 10 days after Broadband activation. The Target Activation Dates are targets only and Virgin Media cannot guarantee that the Services will be activated on the Target Activation Dates.
"Transmission Speed" means the rate in terms of Mbps or Kbps that data is transferred between your Broadband Equipment and the Broadband Service. The Transmission Speed available to you will be affected by the operational and technical characteristics of your phone line, contention on the telecommunications network and your chosen Broadband Equipment.
"Virgin Free TV Kit" means the digital television set-top box capable of receiving the Freeview Service that Virgin Media recommends to you in conjunction with leading manufacturers, containing all required software and step-by-step instructions. Virgin Free TV is a Virgin Media product and does not mean that you receive a free TV, a free set top box or (other than access to the Freeview Service) a free TV service from Virgin Media.
"Virgin Free TV Accessories" means a remote control (including batteries), mini remote receiver, VESA bracket, stand, SCART lead and user guide which you may need to utilise the Virgin Free TV Kit.
"Virgin Media" or "we" means Virgin Media Limited, the company registered in England and Wales under company number 2591237 whose registered office is at 160 Great Portland Street, London W1W 5QA.
"Virgin Media Payments" means Virgin Media Payments Limited, the company registered in England and Wales under company number 6024812, whose registered office is at 160 Great Portland Street, London W1W 5QA.
"Wireless Kit" means the all-in-one wireless router package recommended by Virgin Media in conjunction with leading manufacturers, containing all required Broadband Equipment, software and step-by-step instructions.
"You" means you, the person entering into this agreement with Virgin Media and Virgin Media Payments, and "your" shall be interpreted accordingly.

B. Service Activation

Availability: Availability and activation of the Services comprised in your Broadband & Talk package is subject to survey and to completion of a satisfactory credit check, more details of which are set out in section B.3 below. We will send confirmation or otherwise by email prior to activation. If confirmed, the activation will proceed automatically. There is a possibility that activation of the Services may result in you experiencing a temporary loss of your analogue BT line. If this does occur, normal service is usually resumed within a few hours. The confirmation email will contain your Target Activation Date(s) and your personal Broadband user name.
Carrier Pre-Select (CPS): Virgin Media will arrange with BT for CPS to be applied to your telephone line and we will send you a letter confirming the date of switchover. Your telephone number will not change. In the unlikely event that CPS is not available on your telephone line, we regret that you will not be eligible for the Broadband & Talk package. Section B.5 will apply unless we are able to provide you, and you chose to take, a standalone Broadband Service instead. If you wish to take the standalone Broadband Service, our standard Charges will apply as set out at http://www.virgin.net/allyours/broadband/unlimited/. In this case, the Broadband account terms and conditions set out at http://www.virgin.net/terms/broadband_tc.html will apply to your Broadband Service instead of these terms and conditions.
Credit Checks: In assessing your application and to prevent fraud, we may search the files of credit reference agencies and fraud detection agencies which may keep a record of that search. Details of how you conduct your account may also be disclosed to such agencies. Please note that previous acceptance for Virgin Media services does not guarantee acceptance for a Broadband & Talk package.
Virgin Free TV Kit and Broadband Equipment Installation: It is your responsibility to purchase (unless you have chosen a Broadband and Talk Bundle and, as marketed by us from time to time, we tell you that you will receive, subject to availability, either the Virgin Free TV Kit or Wireless Kit free of charge) and install the Virgin Free TV Kit and Broadband Equipment.
1. Virgin Free TV Kit and Wireless Kit: If you have chosen a Broadband and Talk Bundle and, as marketed by us from time to time, we tell you that you will receive, subject to availability, the Virgin Free TV Kit and/or Wireless Kit, Virgin Media will provide you with the Virgin Free TV Kit and/or Wireless Kit free of charge. Only one Wireless Kit per customer. However, this is on the condition that you continue to take the same Broadband and Talk Bundle for the Minimum Period. If you cancel this Broadband and Talk Bundle prior to activation under section H.1, then you must return the Virgin Free TV Kit and/or Wireless Kit to us (unused and in the same condition as when it was provided to you) within 15 working days at our cost. If you wish to keep the Virgin Free TV Kit and/or Wireless Kit, you will be charged the standard charge for the Virgin Free TV Kit or Wireless Kit. If you downgrade from this Broadband and Talk Bundle to another Bundle during the Minimum Period you may be charged the standard charge for the Virgin Free TV Kit and/or Wireless Kit.
2. The Wireless Kit has been designed for use with the Broadband Service and include either a 1 or 2 year manufacturer's warranty depending on the Broadband Equipment (please see manufacturers documentation for more information) and are the Broadband Equipment that we recommend you use with the Broadband Service. If you choose not to take Virgin Media's recommendation, we cannot guarantee compatibility of the equipment or provide installation support or any ongoing support. We do not accept any liability for late deliveries or deliveries lost in the post.
3. The Virgin Free TV Kit has been designed for use with the Freeview Service and includes a 12 months warranty and is the equipment that Virgin Media recommends you use with the Freeview Service. If you choose not to take Virgin Media's recommendation, we cannot guarantee compatibility of the Virgin Free TV Kit or provide installation support or any ongoing support. We do not accept any liability for late deliveries or deliveries lost in the post.
4. If the Broadband Equipment and/or Virgin Free TV Kit are faulty upon arrival, please call Virgin Media Customer Service and we will send you a replacement as soon as possible. Where we do not need to install Broadband Equipment at your home we will either send you all the equipment you need to connect to the Broadband Services, or advise you of any additional equipment you need to have to connect to the Broadband Services. Just to remind you, if applicable, it is your responsibility to purchase the Broadband Equipment, Virgin Free TV Kit and any additional equipment as notified to you. We will not be liable to you for any loss or damage caused by your installation of the Broadband Equipment, Virgin Free TV Kit or any additional equipment.
Failure to Activate If we are unable to activate your line or the Broadband Service and Talk Service for any reason, the following will apply (unless you chose to take a standalone National Broadband Service under section B2): you will not incur any Charges for the Broadband Service and Talk Service;
1. if you chose to purchase the Virgin Media recommended Broadband Equipment, you should return the Broadband Equipment to us and we will arrange for reimbursement of the price you paid in accordance with the returns policy you agreed to at the time of purchase We cannot arrange reimbursement for any other equipment or any other products;
2. if you chose to purchase the Virgin Free TV Kit, you should return the Virgin Free TV Kit to us and we will arrange for reimbursement of the price you paid in accordance with the returns policy you agreed to at the time of purchase; and
3. in the event that Virgin Media recommended Broadband Equipment, Virgin Free TV Kit or a Wireless Kit is provided free of charge when you sign-up for the Broadband & Talk package, you must return the Broadband Equipment, Virgin Free TV Kit or Wireless Kit to us (unused and in the same condition as when it was provided to you) within 15 working days. If you wish to keep the Broadband Equipment, Virgin Free TV Kit or Wireless Kit, you will be charged the standard charge.
Failure to meet Minimum Specifications: Where the Services are successfully activated, but you are unable to use the Services because either (i) you have not met the Minimum Specifications we informed you of during the registration process; or (ii) you have not purchased or installed suitable equipment, which shall be determined solely by us, then:
1. you will incur Charges from the date the Services are activated; and
2. we shall not be responsible for any equipment or any other products that you have purchased but cannot use.

Conditions of Use

The Services are provided on the following terms:

Residential Use and Authority: The Services are provided exclusively for use by residential customers and may not be used for business use. You confirm that you are authorised to enter into this contract for telephone services at your Premises and on the phone number you have provided during registration.
Changing Telephony Provider: We can only provide the Services over a standard BT residential line. We cannot continue to provide the Services to you if you choose to terminate your telephone line rental with BT. Similarly, if your telephone line rental service is suspended or cut off by BT, we will be unable to provide you with the Services. In the event that your telephone line rental service is suspended or terminated, it is your responsibility to cancel the Services. If you do not cancel the Services, the Charges will continue to be payable by you. The cancellation terms set out in section H apply.
Changing Broadband provider: You have chosen a Broadband & Talk. You must continue to take both the Broadband Service and the Talk Service to be eligible for the Broadband & Talk package. If you change your broadband provider, it is your responsibility to cancel the Broadband & Talk package. If you do not cancel the Broadband & Talk package, the Charges will continue to be payable by you. The cancellation terms set out in section H apply.
Changing Carrier Pre-Select provider: You have chosen a Broadband & Talk package. You must continue to take both the Broadband Service and the Talk Service to be eligible for the Broadband & Talk package. If we receive notification that CPS has been cancelled on your line, you will be given 2 options:
1. You may take the standalone National Broadband Service in which case our standard Charges will apply as set out at http://www.virgin.net/allyours/broadband/unlimited/. In this case, the Broadband account terms and conditions set out at http://www.virgin.net/terms/broadband_tc.html will apply to your Broadband Service instead of these terms and conditions; or
2. you may cancel the Broadband & Talk package in which case the cancellation terms set out in section H apply. Please note that if you make calls without using CPS, those calls will be made using BT's or another service provider's network and will be charged to you by BT or such other service provider. Virgin Media accepts no liability for these call charges.
Freeview Service: All channels are subject to coverage and may be changed from time to time. An aerial upgrade may be required. The channel logos are trademarks and copyright of their respective owners. Freeview™ and Logo™ © DTV Services Ltd 2002. Freeview is marketed by DTV Services Limited trading as DTVSL, company registration number 4435179.
Acceptable Use Policy: Whilst there are no specific monthly usage allowance on the Broadband Service, your Broadband Service remains subject to our Acceptable Use Policy set out in section F. Virgin Media reserves the right to modify the FAQs at any time without prior notice and solely at our own discretion. Any changes will take effect when posted on the Site.
Monitoring: Virgin Media may monitor communications, including without limitation, any content or material transmitted over the Services;
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/index.html . Any emails received when the mailbox quota has been reached will be rejected.
1. Emails (whether read or unread) that are over 90 days old shall be automatically deleted.
2. Where data has been deleted or barred and mailboxes disconnected, we will not store or reserve either your data or your username.
3. 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/helpme/email/questions/index.html
Moving Premises:
1. This agreement covers provision of certain Virgin Media services comprising your chosen Services to your current Premises and to the phone number you wish to access the Services from at those Premises. If you move from the Premises, it is your responsibility to notify us in advance in order for us to try to arrange to change your Services to your new premises. Provision of the Services at your new premises is subject to survey. Details of what to do when you change premises can be found in the Customer Services Site.
2. If you move during the Minimum Period and wish to transfer your Broadband Service to your new property you will have to re-contract for a further Minimum Period which will commence when the Services are activated. In such circumstances you will not be subject to a set-up fee. You will not be entitled to receive any new equipment.
3. If you move during the Minimum Period and we are unable to activate the Services comprising your Broadband & Talk package for any reason at your new Premises, your Broadband & Talk package will be cancelled and you will be charged under Section H6 for the remainder of the Minimum Period. However, if you received a Virgin Free TV Kit or Wireless Kit free of charge when you signed up for the Broadband & Talk package, you must return the Virgin Free TV Kit or Wireless Kit to us (in the same condition as when it was provided to you except for fair wear and tear only) within 15 days of cancellation at your cost. If you wish to keep the Virgin Free TV Kit or Wireless Kit, you will be charged the standard charge.
Security: Virgin Media cannot guarantee security and strongly recommends that you make use of additional security products such as personal firewalls and Anti-Virus software due to the "always-on" nature of the Broadband Service.
Maintenance and Repairs: We may need to temporarily suspend the Services for repairs or planned maintenance and upgrades. Where this occurs, we will give you as much notice as is reasonably possible in the circumstances. We cannot guarantee that the Services will never be faulty, however we will respond to all reported faults as soon as is reasonably possible.
Line Speed: As part of the ordering process we will provide you with an estimate of the Transmission Speed i.e. the line speed you will receive in respect of your Broadband Service. In activating the Broadband Service you acknowledge and agree that you accept the estimated Transmission Speed you receive. Upon service activation, the Transmission Speed may be affected by other factors for example network capacity, use at peak traffic times, traffic management or customer equipment and therefore the actual throughput speed on your line may differ from the estimated line speed you accepted. We therefore cannot guarantee that maximum transmission speeds of the Broadband Service can be obtained at any time; nor can we guarantee that, where you are eligible to receive a speed upgrade, the upgrade can be successfully completed within the indicated timelines. However we will endeavour to inform you of any issues, and attempt to resolve them, as soon as is reasonably possible.
Performance: Due to contention on the telecommunications network and other factors outside Virgin Media's control the speed of the Broadband Service may vary from time to time. In addition the speed and limitations of your chosen access Broadband Equipment may affect the Transmission Speed that we can provide you. Further details of factors which can affect your Transmission Speed can be found at http://www.virgin.net/allyours/faqs/index.shtml.
Freespace: Information and material published on the webspace (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 Broadband Services 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 material except as required by law.
Service Announcements: Virgin Media reserves the right to email Service Announcements to all Customers as part of the Services.

D. Virgin Media's Obligations

We will:

arrange for your phone line to be enabled to support broadband , this happens automatically when you complete and submit your registration online. You do not need to contact your telephony provider (for example BT) directly;
arrange for CPS to be activated on your phone line to automatically route your calls via the Talk Service. You do not need to contact BT;
if your application is successful, and subject to section B, provide you with:
access to the Broadband Service via a unique Broadband user name, which you can only use from the home telephone number you have registered with us; and
the Talk Service;
provide high standards of Customer Service seven days a week, 365 days a year;
provide sufficient access servers to ensure a high standard of connectivity to the Services;
ensure that original content created by or for Virgin Media and offered through the Services meets normal professional editorial and publishing standards;
handle any personal information you might supply to us when you use the Services in accordance with the Virgin Media Privacy Policy, which is hereby incorporated into this agreement;
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.

E. Your Obligations

You will:

maintain and be responsible for interoperability between your PC, Broadband Equipment and the public telephone service. We are not responsible if you are not able to use the Services and/or the Freeview Service because your own equipment (for example, television set, computer, phone, modem or other equipment) does not work properly, is not compatible with the system or does not meet the Minimum Specifications or because of faults in any public communications provider's network (if applicable).
keep the Broadband user name and your password confidential and secure. You must not attempt to change your Broadband user name. If you think that your Broadband user name or any other Virgin Media user name or password has become known to any unauthorised person or may be used in an unauthorised way you must inform us immediately;
pay on demand the Charges to Virgin Media Payments. You acknowledge that Virgin Media Payments will not necessarily collect these Charges on the same day of each month. The Charges consist of any published activation fee (one-off payment), the published monthly rental charge, additional usage charges (e.g. pence per minute call charges and call connection charges), any cancellation charge and any other additional charges for additional products or services you take from Virgin Media;
only use Freespace in accordance with Freespace Terms and Conditions; http://www.virgin.net/terms/freespace.html.
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 sole 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 anywhere subsisting 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; and
be responsible for using the correct Broadband log-in details when you use the Broadband Service; and
help us maintain the best possible quality of service by ensuring your Broadband Equipment is using the most recent release of the firmware or software drivers available for it. From time to time we may request that you update the firmware or software drivers for your Broadband Equipment.

F. Acceptable Use Policy

When using the Broadband Service or accessing the Site, you will not
1. commit or encourage a criminal offence;
2. send proactively, 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;
3. do anything which is contrary to the acceptable use policies of any connected networks and Internet standards;
4. insert or knowingly or recklessly transmit or distribute a virus;
5. seek unauthorised entry into back office;
6. hack into any aspect of the Service;
7. corrupt data;
8. circumvent, or attempt to seek to circumvent, any of the security safeguards of Virgin Media or any of its suppliers;
9. use the Broadband Service to cause annoyance, inconvenience or needless anxiety to subscribers or others;
10. 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;
11. send or provide any unsolicited advertising or other promotional material, commonly referred to as "spam" by email, webmail or by any other electronic means;
12. send email or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities;
13. hold Virgin Media, Virgin Media Payments 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, Virgin Media Payments or its third party contractors;
14. use the Broadband Service other than for your personal use, and you acknowledge that neither Virgin Media nor Virgin Media Payments shall 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 anyway whatsoever by you or any third party;
15. use the Broadband 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;
16. use the Broadband Service in any way which, in Virgin Media's opinion, is, or is likely to be, detrimental to the provision of the Broadband 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 Broadband Service for continued periods; in these circumstances, we may have to temporarily suspend or disconnect the Broadband Service at our discretion. You will be notified in advance by email. Further information related to complying with our Acceptable Use Policy can also be found in the FAQs on our website. Visit our FAQs at the following address: http://www.virgin.net/helpme/broadband/faq/. Virgin Media reserves the right to modify the FAQs at any time without prior notice and solely at our own discretion. Any changes will take effect when posted on the Site;
17. 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 Broadband Service;
18. 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;
19. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
20. permit any third party to do any of the above.
Notwithstanding our right to reduce, suspend, limit the speed and/or terminate the Services and/or restrict certain types of traffic on your Broadband Service, if you abuse the Services and/or breach these Terms and Conditions you may receive a formal warning from us specifying the unacceptable conduct and notifying you that repeated breaches may result in the Services (or any part of Services) being temporarily or permanently withdrawn from you.
If, after you have received a formal warning from us in accordance with section 2 above, your conduct continues to abuse the Services and/or breaches these Terms and Conditions, then we will withdraw the Services (or part of the Services) from you until such time as we are satisfied that you have implemented appropriate steps to ensure that your use of our systems, Services or equipment will comply with these Terms and Conditions.
If such a suspension is imposed, then this may be lifted, at our discretion, upon receipt of a formal written undertaking from you not to commit any future relevant abuse. However, all cases will be considered individually (in our sole discretion) upon their merits.

G. Payment

For any and all Charges payable to Virgin Media Payments you will:
1. pay via Direct Debit or with a UK debit/credit card registered in your name;
2. not use an invalid or false bank account, credit card or debit card or an out of date debit/credit card;
3. 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;
4. 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
5. immediately notify Virgin Media by telephone, post, or email of changes to your credit/debit card details.
When selecting an alternative package with Virgin Media, any outstanding Charges from the Services will require settlement in full
You may change from one Bundle to another Bundle up to once per month. Any outstanding Charges for your current Bundle will require settlement in full. You will be required to pay the charges for your new Bundle from the date you are transferred to your new Bundle. However, you will receive a credit to your account, calculated on a pro-rata daily basis, for any charges you have paid in advance for your current Bundle. You will not be charged a cancellation charge under section H.3 but section H.4 will apply.
Virgin Media and/or Virgin Media Payments
1. reserves the right to claim from you any outstanding Charges and will communicate with you to such effect to allow you the opportunity to bring your account up-to-date. We will not be able to issue business invoices. In the event that any Charges remain unpaid, Virgin Media reserves the right (at its sole discretion) to reduce, suspend or terminate your Services; and
2. 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 Services shall apply as set out in section H.

H. Cancellations and Refunds

Cancellation refers to the cancellation of the Services, whether you are switching to an alternative Virgin Media service, switching to another service provider or ceasing your broadband and phone services altogether.

Pre-activation date:
1. 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. Please be aware that you will lose your right to cancel under this section during the cooling off period once we have commenced activation of the Services or you use the Services, whichever is the earlier.
2. We want you to be completely happy with your Broadband & Talk package so, as well as the cooling off period under (a) above, you can also cancel your Broadband & Talk package during the CPS switchover period if you change your mind. The "switchover period" is the time between the confirmation of your order by us and activation of CPS on your telephone line. Please see our Sales and Marketing Code of Practice (http://www.virgin.net/terms/salescode.html), for further details.
3. Where you cancel pre-activation and Virgin Media has provided Broadband Equipment, a Virgin Free TV Kit or a Wireless Kit free of charge, you will be required to return the Broadband Equipment, Virgin Free TV Kit and/or Wireless Kit to us (unused and in the same condition as when it was provide to you) within 15 working days at your cost. If you wish to keep it, you will be charged the standard charge.
Post-activation date:
1. If you wish to cancel your Broadband & Talk package after activation ("Account Cancellation") you must notify the Virgin Media cancellation team by telephone (the "Notification"). The telephone number for cancellations can be found in the customer zone of the website. To access the number you will need to log in using your Virgin Media email address and password.
2. Transfer to another broadband service provider: if you want to transfer your broadband service to another broadband service provider, then you should contact us to request a Migration Authorisation Code ("MAC"). Your account will be Cancelled if :
  1. you provide the MAC to your new service provider and they use the MAC to migrate your broadband service; or
  2. you transfer your phone and broadband services to a new provider where your new provider does not use a MAC or another recognised transfer process. Please note that if your new provider does not use a MAC to transfer your services you will be charged a disconnection fee as set out in section H.6 below. Please contact us in advance to discuss your cancellation options and the charges that may apply on cancellation.
3. We will continue to provide the Service to you until your services have been transferred to your new service provider and you must pay all charges for your Broadband & Talk package until the date on which both your Services have transferred.
4. You acknowledge that cancellation of your Broadband & Talk package shall only be valid if notified to Virgin Media as set out in section H.2a. and b. above. Except for cancellations made under section H.1 above, the "Effective Cancellation Date" is the day on which both your Services have transferred to another provider or, if you are not transferring to another provider, the day on which both your Services have terminated (usually 10 working days or so after Account Cancellation). You will be charged for the Broadband & Talk package during this period. If you change your mind and want to retain your Broadband & Talk package you may be able to reverse the cancellation without interruption to the Services if you contact us within 2 working days after cancelling. Please call our Customer Support team as soon as possible and we can tell you whether this is possible.
If
1. we and/or Virgin Media Payments increase our charges under these Terms and Conditions;
2. we make significant changes to the Services so the Services you are entitled to receive in return for the charges you pay are significantly altered or reduced; or
3. we and/or Virgin Media Payments make significant changes to these Terms and Conditions,
you may cancel those Services affected without penalty by giving us notice in writing. If you cancel any Services in these circumstances, the increased charges will not apply to those Services prior to cancellation and section H.6 will not apply if you cancel before the end of the Minimum Period. If you do not give us notice of cancellation within 30 days of any increase in charges or changes to the Services or these Terms and Conditions being notified to you or, if later, receipt of your first bill following such increase in charges, we and Virgin Media Payments will assume that you have accepted the increase in charges and the changes to the Services and these Terms and Conditions and you will no longer be able to cancel your Services under this section.
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 Services 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. In all cases without exception Virgin Media is not responsible for the Broadband Equipment and any other equipment purchased and cannot offer reimbursement of any or all equipment upon cancellation.
Changing to Another Virgin Media service:
1. As you have chosen a Broadband & Talk package, you must keep the Broadband Service and the Talk Service comprising the Broadband & Talk package in order to qualify for the Broadband & Talk package pricing. This applies during and after the end of the Minimum Period.
2. If you wish to downgrade from a Broadband & Talk package to another Broadband & Talk package during the Minimum Period, section G.2 will apply.
3. If you are changing to another Broadband & Talk package or National Broadband service, any email and webspace (Freespace) data, all email addresses (both primary and secondary email addresses) and any other features provided as part of the Services will be retained under your new National Broadband service. However, if you terminate your current Broadband & Talk package and register for a new service, section H.6 will apply. The new service will be provided at the end of the notification period and the terms and conditions of service which apply to you new service will supersede these terms and conditions.
4. You may add to or remove optional services you receive from time to time by contacting our Customer Care team. If you wish to remove optional services you must provide 30 days notice. If you ask us to provide any extra services to you, you agree to accept those additional services for at least the minimum period that applies to them.
Cancellation Charge:
1. Early termination charge: Virgin Media will charge you an early termination charge if you cancel your Broadband & Talk package before the end of the Minimum Period (i.e. within 12 months of the date you Broadband & Talk Service was activated) or if your Broadband & Talk Service is terminated by us for non-payment of Charges under section G.4.a above before the end of your Minimum Period, other than in the circumstances outlined in section H.1. The early termination charge will vary depending on your Service and the number of months remaining of your Minimum Period. If you wish to cancel within the Minimum Period, please contact us as set out in section H.2.a above and we'll calculate and tell you how much the early termination charge will be. Customers who are moving home will be exempt from this cancellation charge, provided that the Services are retained at the customer's new address. An early termination charge will be applicable where you do not want to move your Services to your new address or in the circumstances set out at section C(9)(c) (i.e. where Virgin Media cannot activate you at your new address).
2. Disconnection fee: If you cancel your Broadband & Talk Service and do not request and/or use a MAC to transfer your broadband service, or your new service provider does not use a MAC or another recognised transfer process to transfer your broadband service, you will pay a disconnection charge of £23.50. This fee is to cover the cease charges that we are required to pay to our wholesale service providers and associated administration costs. You will also be charged a disconnection fee of £23.50 if your Broadband Service is terminated by us for non-payment of Charges under section G.4.a above. The disconnection fee will not be payable where you are moving home and you have subscribed to Virgin Media's National or Cable broadband services at your new address.
  
  Please note that this disconnection fee applies during and after the end of the Minimum Period. Therefore, if your Service is cancelled within the Minimum Period, this disconnection fee may apply in addition to any early termination fee which applies under section H.6.a. above.
Access to final bill
All charges for the Service during the period up to the Effective Cancellation Date will be available to view on your bill. We will notify you as to how you can access your bill during this period, which may include, but is not limited to, the option of accessing via the Dial-up Service. Virgin Media reserves the right in its discretion to decide upon the means of access to your bill.

I. Termination

Virgin Media may terminate this agreement and the Services or may suspend all or a part of the Services 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 account, for any days' service that you have paid for in advance but cannot use. This is calculated as the number of days between disconnection and the 30 days minimum payment, provided that the account is not already in arrears.

J. Intellectual Property Rights

Intellectual property rights in all software, Sites and the Freeview Service (including the design, text, graphics, and any other material appearing on the Sites and any other content supplied to you) remains the property of Virgin Media or its licensor or other content owner. For the avoidance of doubt, this does not include software provided with the Broadband Equipment purchased. 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 Sites 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 the software supplied by Virgin Media on any single computer at the Premises and on subsequent computers connected to that via a network router/hub or other device, provided that any copy contains all of the original software's proprietary notices (including, without limitation, intellectual property notices). Virgin Media disclaims any responsibility for, and support of, your remote network. Administration and connectivity of your own network remains at all times your responsibility.
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 Services 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.

K. Warranty

Virgin Media is providing the Services and the Sites included in the Broadband Service on an "as is" basis and makes no representations or warranties of any kind with respect to the accuracy, completeness or reliability of the Sites, the content contained in them (including any text, graphics, advertisements, links or other item) or any website you access via the Sites, the Services or any software or content supplied to you and disclaims all such representations and warranties.
Virgin Media does not provide you with the Freeview Service and is not responsible for the Freeview Service. Virgin Media makes no representations or warranties of any kind (including without limitation) with respect to the accuracy, completeness or reliability of the Freeview Service, the availability of the Freeview Service, any incorrect details from and/or availability of the Freeview Service postcode checker, any programming, scheduling and content of the Freeview Service, any advice you may receive from third parties relating to the Freeview Service and the quality of the reception of the Freeview Service and disclaims all such representations and warranties.
1. Virgin Media warrants that the Wireless Kit, Broadband Equipment, Broadband Accessories, Virgin Free TV Kit and Virgin Free TV Accessories will be free from defects in design, manufacture or materials except where caused by fair wear and tear for a period of 12 months from the date of delivery and we shall at our option replace or repair the Wireless Kit, Broadband Equipment, Broadband Accessories, Virgin Free TV Kit and/or Virgin Free TV Accessories free of charge provided that the Wireless Kit, Broadband Equipment, Broadband Accessories, Virgin Free TV Kit and/or Virgin Free TV Accessories have been kept, used and maintained in strict accordance with instructions given to you by us or the manufacturer and has not been modified or altered. This warranty shall not apply if:
  1. the defect is due to interference with or maintenance of the Wireless Kit, Broadband Equipment, Broadband Accessories, Virgin Free TV Kit and/or Virgin Free TV Accessories by persons other than us or our authorised representatives;
  2. the defect is of a minor nature which does not substantially affect the use of the Wireless Kit, Broadband Equipment, Broadband Accessories, Virgin Free TV Kit and/or Virgin Free TV Accessories; or
2. We have the right to charge for replacement or repair of defects not covered by our warranty.
3. The provisions of this warranty do not affect your statutory rights in relation to the description and quality of goods and services. To find out more about your legal rights please call your local Trading Standards Department.
Neither Virgin Media, Virgin Media Payments, its third party contractors nor any other contributor to the Services or the Sites 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 Sites or supplied in connection with the Services 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 Sites and/or Freeview Service are not offers from us or from third parties offering goods or services on the Sites and/or Freeview Service. 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 Sites and/or Freeview Service.
We may provide links, including hypertext links, from the Sites 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 Sites which have been provided by third parties and/or information on any other website which is accessed via the Sites 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 Sites, 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 Services, (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 you obtain from using it and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.

L. Liability

Save in respect of liability for death or personal injury arising out of negligence, Virgin Media, Virgin Media Payments and all contributors to the Sites and the Services 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, equity 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 Sites, the Services or any software or content supplied to you in connection with the Services, 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 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 Sites) or for faults or failures in such third parties' equipment.
Subject to clause I(1) and (2) above, Virgin Media's and/or 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. Neither Virgin Media nor Virgin Media Payments is liable to you either in contract, tort (including negligence) or otherwise for the acts or omissions of other services (including domain name registration authorities) or for faults or failures in their equipment.
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 their employees and/or agents arising out of or in connection with any breach by you of these Terms and Conditions.

M. 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 Services or which appears on any page of the Sites.

N. Data Protection

The privacy of your information is very important to us and our Privacy Policy covers our use of any information you provide.

O. Invalidity

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.

P. 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 jurisdiction to resolve any disputes between us.

Q. Notices

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.

R. Entire Agreement

These terms and conditions and attached Schedule set out the whole of our agreement relating to our supply of the Services. 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.

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