Terms & Conditions
Premier Sports Digital Satellite Subscription Terms and Conditions
These are the terms and conditions relating to your Premier Sportsdigital satellite television service subscription.
We
are Premier Media S.à r.l. a company registered in Luxembourg ascompany
number B154511, registered office: 124 Boulevard de laPetrusse, L-2330
Luxembourg ("Premier Sports"). Reference to "PremfgthtgtierSports", "we" or
"us" in this Contract shall be read as references toPremier Sports. You
can contact us at the above address or at PO Box 86LLandysul SA44 9AN,
or call in the United Kingdom, 0871 663 9000 and inthe Republic of
Ireland, 0818 776 600.
1. Definitions
Address: your home address in the United Kingdom or theRepublic of Ireland.
Channels: the television channels we may offer.
Conditions: the conditions in this Contract set out below andany changes we may make to them in accordance with this Contract.
Contract:
this contract (including the terms of any Optionchosen by you),
authorising you to receive the Service for privateviewing at the Address
only.
Digibox: an authorised satellite decoder using Sky's digitalconditional access (encryption) system.
Minimum Term:
any Pre-Paid Period, and the minimum term duringwhich you are obligated
to first subscribe to the Service under thisContract which minimum term
shall be a period of two (2) months fromthe date on which you first
subscribe to the Service unless otherwiseagreed in the Option chosen by
you.
Option: any of the purchase options we offer from time totime.
Pre-Paid Period: any period during this Contract where youhave chosen to pre-pay any Subscription Payment whether monthly,annually or otherwise.
Republic of Ireland: the Republic of Ireland.
Service:
the Option chosen by you. If during this Contract youwish to change
your Option and we allow this, the Service is the newOption you choose.
Sky: British Sky Broadcasting Limited.
SSSL: Sky Subscribers Services Limited.
Subscription Payment: the payments you must pay us to providethe Service.
United Kingdom: the United Kingdom of Great Britain andNorthern Ireland, the Isle of Man and the Channel Islands.
Viewing Card: the card that will allow you to receivethe encrypted digital satellite services (such as the Service) whenused with a Digibox.
2. Subscription Payments
(a) Unless otherwise agreed you will be charged for the Service
fromthe date your Digibox is enabled to receive the Service under
thisContract.
(b) You must pay us Subscription Payments in advance
for the Optionthat you have chosen in your Contract. For Direct Debit,
Debit andCredit Card payments we will collect the amount due
automatically fromyour account each month (or as otherwise agreed in
your Option) afterwe have enabled your Viewing Card to receive the
Service. If paying bydirect debit, please note that Premier Sports has
appointed the BACSApproved Direct Debit Bureau Eazy Collect Services
Limited (www.eazycollect.co.uk)to collect your payments and Eazy Collect
will be shown on your bankstatement for your direct debit subscription
payments.
(c) We may change your Subscription Payment at any time by
giving youat least one month's notice. Your rights to cancel the
Service ifwe increase your Subscription Payment are set out in Condition
8(f)below.
(d) Your Subscription Payment may change at any time if
you change yourOption and you will immediately pay the current price for
that newOption from the date you change your Option.
(e) We may also
charge any other payment due under this Contract underyour Direct
Debit, Debit, or Credit Card instructions together with anyother
payments which you agree that we may charge under thatinstruction.
(f) We may alter your Direct Debit, Debit or Credit Card instruction ifyour Subscription Payment changes for any reason.
(g)
We may refuse your application for subscription to the Servicebased on
the results of an assessment of your credit standing usingcredit
searches. We may from time to time assess your credit standingduring
your subscription; we will apply reasonable practices for
theadministration of your account based on the result of that
creditsearch, including if we believe it is reasonable applying
differentpayment terms to your account. We will notify you in advance of
anychange in payment terms. Your right to cancel in the event of
anysuch change to payment terms is set out in Condition 8 below. Wemay
use information from, and supply information to, outside agenciesfor
this credit searching.
(h) A reasonable non-refundable registration
fee notified to you orpublicised on our website and/or our marketing
from time to time shallbe paid by you with the first Subscription
Payment due for the Serviceunder this Contract. Also we can charge a
reasonable non-refundableadministration fee if you want to change your
Service and we allowthis. Such administration fee will be notified to
you or publicised onour website prior to being applied to your account.
(i)
If you have missed any payments you owe to us, we can suspendprovision
of the Service without giving you notice. This does notaffect our right
to end the Contract under Condition 8 below.
3. Channels and Programming
(a) We can replace or withdraw advertised programmes. We can
change,increase or reduce the number of hours of any of the Channels. We
mayencrypt or unencrypt any Channel at any time. We may
transferprogramming between Channels.
(b) We can vary or withdraw any Channel and vary or withdraw the Optionyou have chosen.
(c) If such changes are significant you may have a right to cancelunder Condition 8(f) below.
(d) This Contract does not authorise you to receive any pay-per-viewservices of any kind.
4. Extra Channels
We may offer you extra channel(s) as part of the Service. If anyincrease in Subscription Payment would result from the addition ofextra channel(s) we will notify you in accordance with Condition2(c).
5. Liability
We will not be liable under this Contract for:
(a) any fault in a Digibox or other receiving equipment you use;
(b)
any fault in your Viewing Card caused by your tampering with it,your
negligence or failure to follow our instructions or theseconditions;
(c) use of a Viewing Card with any decoding apparatus we do notauthorise;
(d) the ending by you or us of this Contract in accordance withCondition 8;
(e) our failure to provide the Service caused by events outside ourreasonable control; and
(f) any loss or damage caused by us or our employees or agents incircumstances where:
(i)
there is no breach of a contractual obligation or a legal duty ofcare
owed to you by us or by any of our employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of anysuch breach; or
(iii) such loss or damage results from breach by you of any term ofthis Contract.
6. Copying and copyright
(a) You must not do any of the following:-
(1) Copy, redistribute or relay the Channels or any part of them or otherwise deal with the Channels or any part of them.
(2)
Produce, supply or otherwise exploit any programme, service orcontent
(whether audio or audio-visual or otherwise) using the Channelsor any
part of them or otherwise use any part of the Channels for any commercial
purpose whatsoever;
(3) Sell or make any charge for watching the Channels or any part hereof; or
(4)
Show the Channels in public to an audience even if no charge is made or
otherwise use the Service or any part thereof other than toview the
Channels in private for non-commercial purposes at yourAddress.
(b)
We may disable or alter remotely certain functions of your Digiboxso as
to prevent you from copying the Channels and we may prevent youfrom
receiving the Channels if your Digibox allows copying of anyChannels
which we are bound by contract to prevent.
7. Changing the Conditions
(a) We will give you at least one month's notice of any changes
oradditions to these Conditions. We will not use this right to vary
theterms of any special offer which applies to you, and which you
haveaccepted during the term of the offer.
(b) All changes referred to in this Condition 7 will be posted onPremier Sport's official website (www.premiersports.tv)
(c)
Your right to cancel if we make any significant change to the termsand
conditions of this Contract are set out in Condition 8.
8. Ending the Contract
Unless Conditions 8(a) (b) or (f) apply, this Contract will stay
inforce for at least the Minimum Term. The Contract will
otherwisecontinue unless it is ended according to the Conditions below.
(a)
If we reduce or vary significantly the total amount of
programmesavailable on the Channels within, or the level of service of,
yourchosen Option, or change the terms and conditions to your
detriment,you may end this Contract by giving us a minimum of one
month's writtennotice within 30 days of the change in programmes or
level of serviceor terms and conditions as applicable.
(b) If you
break any of the Conditions of this Contract, or act in away towards our
staff or agents which we reasonably consider to beinappropriate we can
terminate the Contract by giving you seven days'notice at any time
(including during the Minimum Term). We can alsoterminate this Contract
in relation to any Channel at any time(including during the Minimum
Term) if we cease to broadcast,distribute or otherwise supply that
Channel for any reason. If we dothis during any Minimum Term and the
effect of this change is to reducesignificantly the total amount of
programmes available on the Channelswithin, or the level of service of,
your chosen Option, you may endthis Contract by giving us one month's
written notice and if yourPre-Paid Period is greater than one month then
at your request, we willrefund you a pro-rata amount of any
Subscription Payment in respect ofthe period after the date of
cancellation.
(c) Except where you break the Conditions of this
Contract, or where wecease to broadcast, distribute or otherwise supply
any Channel for anyreason, we will not terminate this Contract during
the Minimum Term. Wemay during that period and later vary this Contract
and the Service inthe ways described in this Contract. We may terminate
this Contractafter the Minimum Term by giving you one month's notice.
(d)
If you or we end this Contract, we will block the entitlement tothe
Service on your Viewing Card and you will not be entitled toreceive the
Service.
(e) We will not refund any Subscription Payments or other
payments madeunder this Contract if we end this Contract because you
have broken theConditions. If during the Minimum Term you end this
Contract (otherthan when you have a right to do so) or we end it because
you havebroken the Conditions, you will have to compensate Premier
Sports forany reasonable loss or costs we suffer as a result which loss
or costsshall include without limitation all Subscription Payments
payable by you to Premier Sports for the full Minimum Term.
(f)
Not withstanding any term to the contrary set out herein you shallhave
the right to terminate this Contract on one (1) month's prior written
notice to us during the Minimum Term for the following reasonsonly: (a)
if within any Minimum Term the Subscription Payment shallincrease for
any reason described in Conditions 2(c) and/or 4; or (b)if during the
Minimum Term, the number of Channels and amount ofProgramming shall
change for any reason described in Conditions 3(a)and/or 3(b) and these
changes amount to a significant reduction in theService provided.
(g) Unless otherwise agreed in your Option, you may end the Contractfor any reason as follows:
(1)
By giving us a minimum of one month's notice at any time after
the first ten days of this Contract. If you pay for the Service on a
monthly basis, such cancellation will be effective on the date one month
after your next billing date. If you pay for theService with a longer
Pre Paid Period, e.g. annually, or if your Optionhas a longer Minimum
Term than two months then such notice will takeeffect at the end of your
current Pre Paid Period or Option MinimumTerm if given at least one
month before the end of thatperiod.
(2) If you pay monthly and wish
to end this Contract precisely at theend of a two month Minimum Term
then you may do so by giving writtennotice, such notice to be given
between ten days after the start ofthis Contract and one month before
the end of the Minimum Termapplicable to your Option.
(h) If you end
this Contract within the Minimum Term applicable to yourOption, other
than in accordance with Conditions 8(a), (b) or (f), youwill become
immediately liable to pay an amount equal to any unpaidSubscription
Payments in respect of the remainder of the Minimum Term.
9. Right to Transfer the Contract
You may not transfer your rights or obligations under this Contract toanyone else. We can transfer some or all of our rights or obligationsto another person firm or company if this transfer does not affect theService in a negative way.
10. Notices
If you give a notice that is required under this Contract it must be inwriting. If we give notice that is required under Conditions 2(c), or 7of this Contract we shall only be required to post this notice on ourofficial website (www.premiersports.tv). If we give notice that is required under any other Condition of this Contract it must be inwriting.
11. Data Protection
To allow you to receive the Service it is necessary for us to use andshare the personal details you provide us. Where you have given us yourconsent we may use and share data for marketing and research purposesand we may pass such information to companies other than those set outabove. You also agree that we may use and pass information to othercompanies for use in making credit decisions, for fraud prevention andto pursue from you any sums owing by you to us under this Contract.
12. Your Viewing Card
(a) Your Viewing Card acts as a key so that you can unlock
(unencrypt)the Service. Having the Viewing Card does not mean you have
aright to own the Viewing Card after it is sent to you and does not
meanyou have the right to receive the Service. The Viewing Cardremains
the property of SSSL. If Premier Sports or SSSL asks you to,you must
return the Viewing Card after the Contract comes to an end orif Premier
Sports or SSSL requires you, to return it when it sends youa
replacement.
(b) Only you may use the Viewing Card which Premier
Sports or SSSLsends you. You can use the Viewing Card at your Address
only withthe Digibox in which it is first used to receive the Service
and youmust use it for private viewing purposes only. You must not
useit for any commercial or business purposes (including
withoutlimitation any use in a pub, office, club, hotel, guest house,
orsimilar premises) or in any premises other than your Address.
(c) If you give the Viewing Card to anybody else Premier Sports or SSSLcan make it invalid.
(d) You must not tamper with the Viewing Card or Digibox or use it foranything that Premier Sports or SSSL do not authorise.
(e)
In order to continue to receive the Service without interruptionyour
Viewing Card must be kept in your Digibox at all times and youwill need
to keep the Digibox connected to a mains supply and suitablesatellite
dish and in standby mode when not in use. You mustallow Premier Sports
or SSSL to update the software in your Digibox bysending additional
signals via satellite to your Digibox. Thesoftware in your Digibox
remains SSSL's property.
(f) Premier Sports and SSSL shall be
entitled to disclose your nameaddress and the Services you receive via
the Viewing Card as part ofthe proper administration of the digital
satellite system.
(g) Your Viewing Card must not be used outside the
country (either theUnited Kingdom or the Republic of Ireland) it was
supplied for use inand any change of Address must be notified to Premier
Sports and SSSLimmediately.
13. Law
(a) This Contract is governed by the laws of The Grand-Duchy
ofLuxembourg. If your address is in the United Kingdom any dispute can
bedealt with by the courts in England and Wales. If your address is
inthe Republic of Ireland any dispute can be dealt with by the courts
inthe Republic of Ireland.
(b) This Contract only applies if your
Address is in either the UnitedKingdom or the Republic of Ireland. If
you move home from the UnitedKingdom to the Republic of Ireland or vice
versa then you will need toenter into a new Contract for the country you
are moving to. YourSubscription Payment and the Channels available to
you may change asresult of that move.
