Terms & Conditions
Premier Sports Digital Satellite Subscription Terms and Conditions
These are the terms and conditions relating to your Premier Sports digital satellite television service subscription.
We
are Premier Media S.à r.l. a company registered in Luxembourg as company
number B154511, registered office: 124 Boulevard de la Petrusse, L-2330
Luxembourg ("Premier Sports"). Reference to "Premier Sports", "we" or
"us" in this Contract shall be read as references to Premier Sports. You
can contact us at the above address or at Premier Sports, RSS PO box 112, Atherton Way, Taylor holme Ind Est, BACUP OL13 0LE, telephone 0871 663 9000 and in the Republic of
Ireland, 0818 776 600.
1. Definitions
Address: your home address in the United Kingdom or the Republic of Ireland.
Channels: the television channels we may offer.
Conditions: the conditions in this Contract set out below and any changes we may make to them in accordance with this Contract.
Contract:
this contract (including the terms of any Option chosen by you),
authorising you to receive the Service for private viewing at the Address
only.
Digibox: an authorised satellite decoder using Sky's digital conditional access (encryption) system.
Minimum Term:
any Pre-Paid Period, and the minimum term during which you are obligated
to first subscribe to the Service under this Contract which minimum term
shall be a period of two (2) months from the date on which you first
subscribe to the Service unless otherwise agreed in the Option chosen by
you.
Option: any of the purchase options we offer from time to time.
Pre-Paid Period: any period during this Contract where you have 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 you wish to change
your Option and we allow this, the Service is the new Option you choose.
Sky: British Sky Broadcasting Limited.
SSSL: Sky Subscribers Services Limited.
Subscription Payment: the payments you must pay us to provide the Service.
United Kingdom: the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
Viewing Card: the card that will allow you to receive the encrypted digital satellite services (such as the Service) when used with a Digibox.
2. Subscription Payments
(a) Unless otherwise agreed you will be charged for the Service
from the date your Digibox is enabled to receive the Service under
this Contract.
(b) You must pay us Subscription Payments in advance
for the option that you have chosen in your Contract. For Direct Debit,
Debit an Credit Card payments we will collect the amount due
automatically from your account each month (or as otherwise agreed in
your Option) after we have enabled your Viewing Card to receive the
Service. If paying by direct debit, please note that Premier Sports has
appointed the BACS Approved Direct Debit Bureau Eazy Collect Services
Limited (www.eazycollect.co.uk) to collect your payments and Eazy Collect
will be shown on your bank statement for your direct debit subscription
payments. Premier Sports reserve the right to change 3rd
party billing providers at any time.
(c) We may change your Subscription Payment at any time by
giving you at least one month's notice. Your rights to cancel the
Service if we increase your Subscription Payment are set out in Condition
8(f) below.
(d) Your Subscription Payment may change at any time if
you change your Option and you will immediately pay the current price for
that new Option from the date you change your Option.
(e) We may also
charge any other payment due under this Contract under your Direct
Debit, Debit, or Credit Card instructions together with any other
payments which you agree that we may charge under that instruction.
(f) We may alter your Direct Debit, Debit or Credit Card instruction if your Subscription Payment changes for any reason.
(g)
We may refuse your application for subscription to the Service based on
the results of an assessment of your credit standing using credit
searches. We may from time to time assess your credit standing during
your subscription; we will apply reasonable practices for
the administration of your account based on the result of that
credit search, including if we believe it is reasonable applying
different payment terms to your account. We will notify you in advance of
any change in payment terms. Your right to cancel in the event of
any such change to payment terms is set out in Condition 8 below. We may
use information from, and supply information to, outside agencies for
this credit searching.
(h) A reasonable non-refundable registration
fee notified to you or publicised on our website and/or our marketing
from time to time shall be paid by you with the first Subscription
Payment due for the Service under this Contract. Also we can charge a
reasonable non-refundable administration fee if you want to change your
Service and we allow this. Such administration fee will be notified to
you or publicised on our website prior to being applied to your account.
(i)
If you have missed any payments you owe to us, we can suspend provision
of the Service without giving you notice. This does not affect 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
may encrypt or unencrypt any Channel at any time. We may
transfer programming between Channels.
(b) We can vary or withdraw any Channel and vary or withdraw the Option you have chosen.
(c) If such changes are significant you may have a right to cancel under Condition 8(f) below.
(d) This Contract does not authorise you to receive any pay-per-view services of any kind.
4. Extra Channels
We may offer you extra channel(s) as part of the Service. If any increase in Subscription Payment would result from the addition of extra 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 these conditions;
(c) use of a Viewing Card with any decoding apparatus we do not authorise;
(d) the ending by you or us of this Contract in accordance with Condition 8;
(e) our failure to provide the Service caused by events outside our reasonable control; and
(f) any loss or damage caused by us or our employees or agents in circumstances where:
(i)
there is no breach of a contractual obligation or a legal duty of care
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 any such breach; or
(iii) such loss or damage results from breach by you of any term of this 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 or content
(whether audio or audio-visual or otherwise) using the Channels or 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 there of other than to view the
Channels in private for non-commercial purposes at your Address.
(b)
We may disable or alter remotely certain functions of your Digibox so as
to prevent you from copying the Channels and we may prevent you from
receiving the Channels if your Digibox allows copying of any Channels
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
or additions to these Conditions. We will not use this right to vary
the terms of any special offer which applies to you, and which you
have accepted during the term of the offer.
(b) All changes referred to in this Condition 7 will be posted on Premier Sport's official website (www.premiersports.tv)
(c)
Your right to cancel if we make any significant change to the terms and
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
in force for at least the Minimum Term. The Contract will
otherwise continue unless it is ended according to the Conditions below.
(a)
If we reduce or vary significantly the total amount of
programmes available on the Channels within, or the level of service of,
your chosen Option, or change the terms and conditions to your
detriment, you may end this Contract by giving us a minimum of one
month's notice within 30 days of the change in programmes or
level of service or terms and conditions as applicable. Notice of cancelation can only be served to our call centre on 0871 663 9000.
(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 be inappropriate we can
terminate the Contract by giving you seven days' notice at any time
(including during the Minimum Term). We can also terminate 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 do this during any Minimum Term and the
effect of this change is to reduce significantly the total amount of
programmes available on the Channels within, or the level of service of,
your chosen Option, you may end this Contract by giving us one month's
notice by phone call only to our call centre and if your Pre-Paid Period is greater than one month then
at your request, we will refund you a pro-rata amount of any
Subscription Payment in respect of the period after the date of
cancellation.
(c) Except where you break the Conditions of this
Contract, or where we cease to broadcast, distribute or otherwise supply
any Channel for any reason, we will not terminate this Contract during
the Minimum Term. We may during that period and later vary this Contract
and the Service in the ways described in this Contract. We may terminate
this Contract after the Minimum Term by giving you one month's notice.
(d)
If you or we end this Contract, we will block the entitlement to the
Service on your Viewing Card and you will not be entitled to receive the
Service.
(e) We will not refund any Subscription Payments or other
payments made under this Contract if we end this Contract because you
have broken the Conditions. If during the Minimum Term you end this
Contract (other than when you have a right to do so) or we end it because
you have broken the Conditions, you will have to compensate Premier
Sports for any reasonable loss or costs we suffer as a result which loss
or costs shall 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 shall have
the right to terminate this Contract on one (1) month's prior notice by phone to us during the Minimum Term for the following reasons: (a)
if within any Minimum Term the Subscription Payment shall increase for
any reason described in Conditions 2(c) and/or 4; or (b)if during the
Minimum Term, the number of Channels and amount of Programming shall
change for any reason described in Conditions 3(a)and/or 3(b) and these
changes amount to a significant reduction in the Service provided.
(g) Unless otherwise agreed in your Option, you may end the Contract for 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 the Service with a longer
Pre Paid Period, e.g. annually, or if your Option has a longer Minimum
Term than two months then such notice will take effect at the end of your
current Pre Paid Period or Option Minimum Term if given at least one
month before the end of that period.
(2) If you pay monthly and wish
to end this Contract precisely at the end of a two month Minimum Term
then you may do so by giving notice, such notice is to be given
between ten days after the start of this Contract and one month before
the end of the Minimum Term applicable to your Option and this notice is only accepted by phoning our call centre on 0871 663 9000.
(h) If you end
this Contract within the Minimum Term applicable to your Option, other
than in accordance with Conditions 8(a), (b) or (f), you will become
immediately liable to pay an amount equal to any unpaid Subscription
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 to anyone else. We can transfer some or all of our rights or obligations to another person firm or company if this transfer does not affect the Service in a negative way.
10. Notices
If you give a notice that is required under this Contract it must be by telephone to our call centre by calling 0871 663 9000. If we give notice that is required under Conditions 2(c), or 7 of this Contract we shall only be required to post this notice on our official website (www.premiersports.tv). If we give notice that is required under any other Condition of this Contract it must be in writing.
11. Data Protection
To allow you to receive the Service it is necessary for us to use and share the personal details you provide us. Where you have given us your consent we may use and share data for marketing and research purposes and we may pass such information to companies other than those set out above. You also agree that we may use and pass information to other companies for use in making credit decisions, for fraud prevention and to 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
a right to own the Viewing Card after it is sent to you and does not
mean you have the right to receive the Service. The Viewing Card remains
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 or if Premier
Sports or SSSL requires you, to return it when it sends you a
replacement.
(b) Only you may use the Viewing Card which Premier
Sports or SSSL sends you. You can use the Viewing Card at your Address
only with the Digibox in which it is first used to receive the Service
and you must use it for private viewing purposes only. You must not
use it for any commercial or business purposes (including
without limitation any use in a pub, office, club, hotel, guest house,
or similar premises) or in any premises other than your Address.
(c) If you give the Viewing Card to anybody else Premier Sports or SSSL can make it invalid.
(d) You must not tamper with the Viewing Card or Digibox or use it for anything that Premier Sports or SSSL do not authorise.
(e)
In order to continue to receive the Service without interruption your
Viewing Card must be kept in your Digibox at all times and you will need
to keep the Digibox connected to a mains supply and suitable satellite
dish and in standby mode when not in use. You must allow Premier Sports
or SSSL to update the software in your Digibox by sending additional
signals via satellite to your Digibox. The software in your Digibox
remains SSSL's property.
(f) Premier Sports and SSSL shall be
entitled to disclose your name address and the Services you receive via
the Viewing Card as part of the proper administration of the digital
satellite system.
(g) Your Viewing Card must not be used outside the
country (either the United Kingdom or the Republic of Ireland) it was
supplied for use in and any change of Address must be notified to Premier
Sports and SSSL immediately.
13. Law
(a) This Contract is governed by the laws of The Grand-Duchy
of Luxembourg. If your address is in the United Kingdom any dispute can
be dealt with by the courts in England and Wales. If your address is
in the Republic of Ireland any dispute can be dealt with by the courts
in the Republic of Ireland.
(b) This Contract only applies if your
Address is in either the United Kingdom or the Republic of Ireland. If
you move home from the United Kingdom to the Republic of Ireland or vice
versa then you will need to enter into a new Contract for the country you
are moving to.Your Subscription Payment and the Channels available to
you may change as result of that move.
