These are the Terms and Conditions that apply to Virgin Media's Broadband Service (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.
- "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 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 Service you have selected.
- "Charges" means any or all charges to you payable to Virgin Media Payments in respect of the Broadband Services or any other chargeable services provided to you by Virgin Media.
- "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);
- "Dial-Up Service" means our PAYG services;
- "Equipment" means the hardware which is required to access the Service. You must have at least one microfilter regardless of Equipment type. Your Equipment may be the Wireless Kit and any Accessories recommended by Virgin Media, or you may purchase the Equipment from an alternative supplier;
- "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 package you have chosen, starting from the date that the Broadband Service is activated.
- "Minimum Specifications" means the minimum specifications required to use the Service as notified to you at www.virginmedia.com and during the Service registration process.
- "Pay As You Go/PAYG" means Virgin Media's National 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, and at which we agree to provide you with the Service. We do not need to visit your Premises at any time.
- "Service" means the Broadband Service and, where applicable, any additional services and facilities provided by Virgin Media to you in connection with the Broadband Service.
- "Service Announcements" means email bulletins which contain important information on the provision or price of the Service, changes in the terms and conditions applicable to the 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 websites associated with the Service.
- "Target Activation Date" means the date when Virgin Media will endeavour to activate the Service, which will normally be approximately ten days after the day of registration and seven days after you have received confirmation from Virgin Media. The Target Activation Date is a target only and Virgin Media cannot guarantee that the Service will be activated on the Target Activation Date.
- "Transmission Speed" means the rate in terms of Mb or Kbps that data is transferred between your Equipment and the 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 Equipment.
- "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.
- "Wireless Kit" means the all-in-one wireless router package recommended by Virgin Media in conjunction with leading manufacturers, containing all required 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 Service is subject to survey and to completion of a satisfactory credit check. 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 Service 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 and your personal Broadband user name.
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 this Unlimited Broadband package.
- Equipment Installation: It is your responsibility to purchase and install the Equipment and we recommend that you complete installation as soon as you have confirmation of activation from us. The Wireless Kit has been designed for use with the 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 is the Equipment that Virgin Media recommends you use with the 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. The Wireless Kit and any Accessories are purchased from the recommended partner, not Virgin Media, and Virgin Media is not responsible for them, nor is it responsible for any other Equipment. To confirm the date of shipment of and Virgin Media recommended Equipment, we must provide our recommended partner with your Virgin Media user name and Service order details and you agree that we can release this information to our recommended partner. If the Equipment is faulty upon arrival, please notify the recommended partner that it is faulty and they will send you a replacement as soon as possible. We do not accept any liability for late deliveries or deliveries lost in the post.
- Wireless Kit: available to new broadband customers. Subject to availability. Only one wireless kit per customer. You must continue to take the same Broadband Service for the Minimum Period. If you cancel this Broadband Service prior to activation under section H1, then you must return the 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 Wireless Kit, you will be charged the standard charge for the Wireless Kit. If you downgrade from this Broadband Service to another Service during the Minimum Period you may be charged the standard charge for the Wireless Kit.
- Failure to Activate: If we are unable to activate your line or the Broadband Service for any reason, the following will apply:
- you will not incur any Charges for the Broadband Service;
- if you chose to purchase the Virgin Media recommended Equipment we will arrange for reimbursement by our recommended partner of the price you paid. We cannot arrange reimbursement for any other Equipment or any other products. In the event that Virgin Media recommended Equipment is provided free of charge when you sign-up for the Service, no reimbursement will apply. Charges are confirmed when you register for the Service; and
- in the event that Virgin Media recommended Equipment or a Wireless Kit is provided free of charge when you sign-up for the Broadband Service, you must return the Equipment and/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 Equipment and/or Wireless Kit, you will be charged the standard charge.
- Failure to meet Minimum Specifications: Where the Service is successfully activated, but you are unable to use the Service 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:
- You will incur Charges from the date the Service is activated; and
- We shall not be responsible for any Equipment or any other products that you have purchased but cannot use.
C. Conditions of Use
The Service is provided on the following terms:
- Residential Use: The Service is provided exclusively for use by residential customers and may not be used for business use.
- Acceptable Use Policy: Whilst there are no specific monthly usage allowances on the Broadband Service, your 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 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/index.html. 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/helpme/email/questions/index.html.
- Changing Telephony Provider: We can only provide the service over BT residential lines. We cannot continue to provide the Service to you if you choose to terminate your telephone line rental with your provider, whether it is BT or a Carrier Pre-Select provider. Similarly, if your telephone service is suspended or cut off by your telephone line rental provider, we will be unable to provide you with the Service. In the event that you terminate your telephone line rental service or you change the services on the telephone line, so that the Minimum Specifications are no longer met, it is your responsibility to cancel the Service. If you do not, the Charges may continue. The cancellation terms set out in clause H apply.
- Moving Premises:
- This agreement covers provision of the Service to your current Premises and to the phone number you wish to access the Service from 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 Service to your new premises. Provision of the Service 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.
- If you move premises 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 Broadband Service is activated. In such circumstances you will not be subject to a set-up fee. You will not be entitled to receive any new equipment.
- If you move during the Minimum Period and we are unable to activate the Services comprising your Broadband Service for any reason at your new Premises, your Broadband Service will be cancelled and you will be charged under section H6 for the remainder of the Minimum Period. If you received a Wireless Kit free of charge when you signed up for the Broadband Service, you must return the 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 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 Service.
- Maintenance and Repairs: We may need to temporarily suspend the Service 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 Service 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 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 Broadband Service may vary from time to time. In addition the speed and limitations of your chosen access 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 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 material except as required by law.
- Service Announcements: Virgin Media reserves the right to email Service Announcements to all Customers as part of the Service.
D. Virgin Media's Obligations
- 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;
- if your application is successful and subject to clause B, provide you with access to the Service via a unique Broadband user name, which you can only use from the home telephone number you have registered with us;
- provide high standards of Customer Support seven days a week, 365 days a year;
- provide sufficient access servers to ensure a high standard of connectivity 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;
- 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;
- 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
- be responsible for interoperability between your PC, Equipment and the public telephone service. We are not responsible if you are not able to use the Services because your own 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 shall not necessarily collect these Charges on the same day of each month. The Charges consist of any published activation fee (one-off payment) and the published monthly rental charge, additional usage charges, any cancellation charge and any other additional charges for additional services you take from Virgin Media;
- only use Freespace in accordance with Freespace Terms and Conditions as set out at 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 Service; and
- help us maintain the best possible quality of service by ensuring your 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 Equipment.
F. Acceptable Use Policy
- When using the Service or accessing the Site, you will not
- commit or encourage a criminal offence
- 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;
- 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;
- 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, 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;
- use the 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;
- 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 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 for continued periods; in these circumstances, we may have to temporarily suspend, disconnect or limit the speed of the 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;
- 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.
- 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.
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;
- 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
- When selecting an alternative package with Virgin Media, any outstanding Charges from this Service will require settlement in full.
- You may change from one Virgin Media Broadband Service to another Virgin Media Broadband Service up to once per month by using the online package change tool in the "My Account" section of the Site. You will be required to pay the charges for your new Broadband Service from the date you are transferred to your new Broadband Service. 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 Broadband Service. You will not be charged a cancellation charge.
- Virgin Media and/or Virgin Media Payments
- 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 Broadband Service; and
- 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 H.
H. Cancellations and Refunds
Cancellation refers to the cancellation of the Service and therefore your broadband connection, whether you are switching to an alternative Virgin Media service, switching to another service provider or ceasing broadband services altogether.
- Pre-activation date:
- 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 clause during the cooling off period once we have commenced activation of the Service or you use the Service, whichever is the earlier. Therefore, you may cancel your application by calling our Broadband Customer Support number between the date of your order and receipt of your confirmation email from us without incurring any Charges for the Service. However, if you have already received a confirmation email from us accepting your order, we will do our best to cancel the Service as soon as possible but we must warn you that we may have to process the Charges if we, in turn, have been charged for work undertaken in connection with activation of the Service.
- Where you cancel pre-activation and Virgin Media has provided Equipment and/or a Wireless Kit free of charge, you will be required to return the Equipment and/or the Wireless Kit to us (unused and in the same condition as when it was provided to you) within 15 working days at your cost. If you wish to keep the Wireless Kit, you will be charged the standard charge.
- Post-activation date:
- 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 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.
- Transfer to another service provider: if you want to transfer your Broadband Service to another service provider, then you should contact us to request a Migration Authorisation Code ("MAC"). Your account will be Cancelled if:
- you provide the MAC to your new service provider and they use the MAC to migrate your broadband service; or
- you transfer your phone and broadband services to a new provider where your new provider uses another recognised transfer process.
- 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 the Service until the date on which your Service is transferred.
- You acknowledge that cancellation of your Service shall only be valid if notified to Virgin Media as set out in section H.2 a. and b. above. Except for cancellations made under clause H.1 above, any and all cancellations shall be effective on the Effective Cancellation Date. The "Effective Cancellation Date" is the day on which your Service transfers to another provider or, if you are not transferring to another provider, the day on which your Service is terminated (usually 5 working days or so after Account Cancellation). You will be charged for the Service during this period. If you change your mind and want to retain your Service you may be able to reverse the cancellation without interruption to the Service. Please call our Customer Support team as soon as possible and we can tell you whether this is possible.
- we and/or Virgin Media Payments increase our charges under these Terms and Conditions;
- 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
- we and/or Virgin Media Payments make significant changes to these Terms and Conditions.
- 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. In all cases without exception Virgin Media is not responsible for Equipment purchased and cannot offer reimbursement of any or all Equipment upon cancellation.
- Changing to Another Virgin Media Service:
If you are changing from the Broadband Service to another Virgin Media service you shall be responsible for all relevant Charges relating to your account until the Effective Cancellation Date. 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 retained under your new Virgin Media National service. However, if you terminate your current Service and register for a new service, clause H.6 will apply. The new service will be provided from the day of switchover (normally 7 to 10 working days) and the terms and conditions of service which apply to your new service will supersede these terms and conditions.
- Cancellation charges:
- Early termination charge: Virgin Media will charge you an early termination charge if you cancel your Broadband Service before the end of your Minimum Period (i.e. within 12 months of the date your Broadband Service was activated) or if your Broadband 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 Service is retained at the customer's new address. An early termination charge will be applicable where you do not want to move your Broadband Service to your new address or in the circumstances set out at section C.6.c. (i.e. where Virgin Media cannot activate you at your new address).
- Disconnection fee: If you cancel your Broadband Service and either (i) you do not transfer your broadband service to a new provider, or (ii) your new service provider does not use a recognised transfer process to transfer your Broadband Service, you will pay a disconnection charge of £24.00. You will also be charged a disconnection fee of £24.00 if your Broadband Service is terminated by us for non-payment of Charges under section G.4.a above. This fee is to cover the cease charges that we are required to pay to our wholesale service providers and associated administration costs. 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.
- 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 account, for any days' service that you have paid for in advance but cannot use. This is calculated as the number of days between termination 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 and the Sites (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 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 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 licence.
- Virgin Media is providing the Service and the Sites included in the 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 Service or any software or content supplied to you and disclaims all such representations and warranties.
- Virgin Media warrants that the Wireless Kit, or any other Equipment that Virgin Media provide and 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, Equipment and/or Accessories free of charge provided that the Wireless Kit, Equipment and/or 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:
- the defect is due to interference with or maintenance of the Wireless Kit, Equipment and/or Accessories by persons other than us or our authorised representatives;
- the defect is of a minor nature which does not substantially affect the use of the Wireless Kit, Equipment and/or Accessories; or
- We have the right to charge for replacement or repair of defects not covered by our warranty.
- 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.
- In addition, neither Virgin Media, Virgin Media Payments or its third party contractors nor any other contributor to the Service 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 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 Sites are not offers from us or from third parties offering goods or services on the Sites. 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.
- 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 have 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 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 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.
- Save in respect of liability for death or personal injury arising out of negligence, Virgin Media, Virgin Media Payments and all contributors to this Sites 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, 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 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 Sites) or for faults or failures in such third parties' equipment.
- Subject to clause I(1) and (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 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 Service or which appears on any page of the Sites.
N. 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.
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.
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 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.