1.1 By registering for and using Gadget Rescue Services ('GR Services'), you confirm that:
(a) you are and will remain a Virgin Media broadband internet account holder;
(b) any information that you submit to us is and will remain true, accurate and complete; and
(c) you agree to abide by the terms and conditions of this agreement.
(d) that anyone else who has access to your Virgin Media account details is duly authorised by you to access the Services.
1.2 You will not be able to access the GR Services unless you are a Virgin Media broadband internet account holder. You are responsible for ensuring that your system meets these minimum requirements and the systems and software requirements as detailed in Clause 2 below at all times. The PC Healthcheck and Live Expert Help are for the use of Virgin Media customers only.
1.3 Your residential customer service agreement with us forms part of these terms and conditions, and together they are the entire understanding between you and us in relation to the GR Services. Where there is any inconsistency between these terms and conditions and your residential customer service agreement, these terms shall prevail over the residential customer service agreement.
1.4 In addition, your use of the GR Services is, like all use of your broadband internet service, subject to Virgin Media's Acceptable Use Policy.
2. Minimum System Requirements
2.1 You must ensure that your personal computer is in full working order at all times and must meet the following minimum requirements:
Windows XP Home, SP3 and above
Windows Vista (32/64 bit)
Windows 7 (32/64 bit)
Windows 8 (32/64 bit)
For Windows Vista and Windows 7
Must meet minimum Windows operating system requirements as per Microsoft recommendations:
Windows Vista: http://support.microsoft.com/kb/919183
Windows 7: http://windows.microsoft.com/en-GB/windows7/products/system-requirements
Windows 8: http://windows.microsoft.com/en-GB/windows-8/system-requirements
800 MHz or faster processor
512 MB of RAM;
50 MB of available hard disk space
2.2 The GR Services is unable to support the following:
Non Virgin Media broadband internet account holders;
File servers and file server operating systems;
Complex firewall configurations;
Domain and active directory based networks;
VPNs or WANs;
Un-licensed Windows Operating Systems;
Un-licensed or beta software;
Virgin Media Broadband supplied hardware, software, network or accounts (for issues with these contact Virgin Media Technical Support on 151 from a Virgin Media landline or 0345 454 1111 from any other line*).
Dial up or satellite internet connections or internet connection via a Set Top Box;
Resetting network passwords (lost or forgotten administrator credentials);
Domains (network administrator type support); and
Broken and/or damaged hardware.
Non English versions of operating systems
*For call costs visit our website www.virginmedia.com/callcosts/. Calls from mobiles and some networks may be higher
3. Our Services
3.1 The GR Services are only available to customers via telephone, through live online chat sessions and/or remote access sessions, or by a combination of these methods.
3.2 The Gadget Rescue Services are available by way of monthly subscription or alternatively as a One-Off Fix service, details of which are available at www.virginmedia.com/gadgetrescue.
3.3 Where we use remote access tools to resolve your problem, we will ask for your permission to use these tools to access your personal computer remotely and take control of it and other selected equipment such as smartphones. These remote access tools will be used to analyse, diagnose and/or resolve problems and/or provide system optimisation functions.
3.4 We will make reasonable efforts to help diagnose and solve problems you have within the scope of the GR Services, however our ability to do this may vary depending on various factors which includes but shall not be limited to, the complexity of problem, availability of agents, condition of any hardware or software that you are using
3.5 If through our diagnostic process we identify that your problem is or may be caused by issues relating to your Virgin Media services, including installed equipment, we will need to refer you to our Virgin Media technical support services.
3.6 We are unable to help with any other Virgin Media services and products including, but not limited to, billing enquiries unless that billing enquiry relates specifically to the Gadget Rescue Services.
4. Your Obligations
4.1 You represent, warrant and agree that you will:
(a) keep the GR Services up to date with the MAC addresses of the computers you have opted to use with the GR Services;.
(b) use the GR Services only for your personal, non-commercial use;
(c) not infringe the rights of the copyright owners of the content available within the GR Services;
(d) not use any content available within the GR Services in whole or in part for any illegal or unlawful purpose;
(e) not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or otherwise transfer or use the content except as expressly permitted by us or our licensors.
4.2 You hereby grant us permission to view, access and modify your computer (including registry and settings and any related software or peripheral equipment (including all data, hardware and software components)) in order to perform the Gadget Rescue Services.
4.3 Except for the rights explicitly granted to you in this Agreement, all rights, title and interest in any content, service, software, technology, functionality, know-how, text, images and/or data comprising the GR Services are reserved and retained by us and/or our licensors.
4.4 You are responsible for all activities that occur on your GR Subscription account, whether by you or by any person you allow to use it. This shall include activities occurring on any individual log-ins created under your account. You acknowledge and agree that by using the GR Services you, and anyone who accesses the GR Services via an individual log-in created under your account may have work undertaken on your computer or other equipment that may change software content or settings.
4.5 You acknowledge that your failure to provide consent to our technical support agent(s) to use our remote access tools to access your computer (or other relevant equipment(s)) may result in us not being able to provide the GR Services to you.
4.6 You must ensure that you have valid software licences for all software on your computer and all applications on your computer(s). We reserve the right to refuse GR Services where we reasonably believe that your computer and/or smartphone(s) contains illegal software and/or applications.
4.7 You must ensure that all software and data on your computer is backed up. You agree that it is your responsibility to protect your personal computer and backup all data, software, information and other files that are stored on those devices.
4.8 You are solely responsible for any and all restoration and reconstruction of lost or altered files, data, or programs that may occur in the course of performing the GR Services, and for ensuring that any information or data disclosed to us is not confidential or proprietary to you or any third party.
4.9 You agree to follow our reasonable instructions, including any instructions you are given on installing and maintaining appropriate security on your equipment. This may also include any additional equipment that we may reasonably instruct you to install. You acknowledge and agree that failure by you to adhere to our reasonable instructions may result in us restricting in part or whole the support we provide to you under the GR Services.
4.10 You agree not to engage in abusive behaviour, either via online chat or over the telephone, towards the personnel providing the GR Services.
5. Gadget Rescue Services
5.1 GR Subscription Services ('GS Subscription Services')
5.1.1 You hereby agree that you accept the GR Subscription Services for a minimum term of six (6) months ('Minimum Term').
5.1.2 If you end your GR Subscription Services during the Minimum Term (other than in the circumstances outlined in clause 7.4 below, or if you breach these terms and conditions and we terminate under clause 5.1.7 (including for non-payment of charges) within the Minimum Term, you must immediately pay an early disconnection fee in respect of your GR Subscription Services by way of compensation to us for ending the GR Subscription Services early. The early disconnection fee will not be more than the charges you would have paid for your GR Subscription Services for the remainder of the Minimum Term less any costs we save, including the cost of no longer providing you with those services.
5.1.3 On expiry of the Minimum Term, your GR Subscription Services will be automatically renewed for as long as you remain a Virgin Media Broadband customer unless you cancel your GR Subscription Services by providing us with no less than thirty (30) days' notice.
5.1.4 You have 7 working days starting from the day after setting up your GR Subscription Services account to cancel it. You can do this by providing notice of cancellation to us. You will lose this right to cancel if you use the GR Subscription Services by either calling our team or online during this 7-working-day "cooling-off" period.
5.1.5 We may, without notice, modify, suspend or discontinue the GR Subscription Services and/or any of the software, services and functionality comprising it. Paragraph 5.1.2 above will not apply if any such discontinuance occurs before the end of your Minimum Term.
5.1.6 You may upgrade or downgrade your GR Subscription Services tier of service at any time up to once each calendar month but if you do you may be subject to a new Minimum Term for that tier of service.
5.1.7 We may suspend, restrict or terminate your GR Subscription Services immediately upon notice to you where:
(a) you fail to pay your GR Subscription Services charges;
(b) you breach these GR Service terms and conditions or the Acceptable Use Policy;
(c) where we reasonably deem your use of the GR Subscription Services is uncharacteristic of a reasonable residential usage or where you repeatedly contact our GR Subscription Services team with problems caused, in our opinion, by you disregarding advice previously given by the Gadget Rescue team. (d) you have defaulted on the payment of the charges due for any other Virgin Media services (including but not limited to broadband internet access), or if the broadband internet access provided to you by Virgin Media has been suspended or terminated because of your breach of your residential customer service agreement; or (e) you submit false or misleading information to us, or if we have reasonable grounds to suspect you of any unauthorised activity. (f) you engage in abusive behaviour, either via online chat or over the telephone, towards the agents and/or personnel providing the GR Subscription Services.
5.1.8 None of the above affects our right to exercise such remedies as we may be entitled to under your residential customer service agreement.
5.1.9 Upon termination under paragraph 5.1.7 above:
(a) you will no longer have the right to access your GR Subscription Services, and may be denied access to GR Subscription Services in the future, at Virgin Media's sole discretion; and
(b) where termination occurs during your Minimum Term, we reserve the right to require payment of the balance of the monthly charges that you would have paid for the rest of the Minimum Term. For the avoidance of doubt, we will not refund any GR Subscription Services charges or other payments made by you.
5.1.10 All applicable licences as set out herein shall terminate upon termination of your GR Subscription Services.
5.1.11 If you change your address (so that your Virgin Media broadband internet services are required to be de-activated at your old address and activated at your new address), we may need to de-activate your existing GR Subscription Services and activate a new GR Subscription Service account and you may be subject to a new Minimum Term.
5.2 One Off Fix Services
5.2.1 Our One Off Fix Services come with a 'No Fix No Fee' guarantee which means that in the event our agents and/or personnel are unable to fix or solve the problem you have contacted us about, no fee will be payable by you provided your computer(s) or other equipment(s) meet the minimum specification and requirements as specified Clause 2 above.
5.2.2 If you purchase a One-Off Fix service and we successfully fix and/or remedy your problem but the identical problem recurs within seven (7) days of us providing such fix and/or remedy, you will be entitled to a fix of that identical problem at no additional fee subject to:
(a) you maintaining appropriate anti-spyware and anti-virus protection if the fix performed by us was due to a virus, spyware or malware issue;
(b) the recurring problem being caused by the same issue(s) identified by us when work was carried out by us during the initial fix; and
(c) you complying in full with all recommendations made by us to you during your initial session with our technical support agent.
In the event that the identical problem re-occurs after our second attempt to fix the problem and provided you have fully complied with all the conditions contained in this Clause 5.2.2, you will be entitled to a refund of the One Off Fix charge.
6.1 Virgin Media grants to you a personal, non-exclusive, non-transferable licence to use the content, software, services and functionality comprising the GR Services solely for your own personal, non-commercial purposes. You may not:
(a) separate any individual component of any software comprised in the GR Services for use other than in connection with the GR Services;
(b) incorporate any portion of any software comprised in GR Services into your own programs or compile any portion of it in combination with your own programs; or
(c) sell, rent, lease, lend, loan, distribute or sub-license any software comprised in the GR Services or otherwise assign any rights to such software in whole or in part.
7.1 You must pay to Virgin Media Payments the charges as described in our price lists. Your charges for the GR Services will be added to your Virgin Media bill. We may require upfront payment for One-Off Fix services.
7.2 As with your other Virgin Media services, the GR Subscription Services charges will be billed in advance. If your activation date (i.e. the date you complete your registration) is not the same day as the first day of your normal billing month, you will see a part-charge of the DHS Subscription Services charges on your first bill after your activation date.
7.3 We reserve the right to change the Gadget Rescue Service charges at any time. Any new charges will be posted on our website and it is your responsibility to check the website from time to time for any updated Gadget Rescue charges.
7.4 If we increase the GR Subscription Services charges you may terminate your account by giving us at least 30 days' notice and paragraph 5.1.2 will not apply to you. If you do not give such notice of cancellation within 30 days of any increase in the subscription charges being notified to you or, if later, receipt of your first bill following such increase in charges, you are deemed to have accepted the increase in the GR Subscription Services charges and you will no longer be able to terminate your account under this paragraph.
7.5 Non payment of your GR Services charges may result in the suspension of your Virgin Media broadband service.
7.6 Calls to Gadget Rescue team are free if you call one of our advertised 0800 numbers from a UK fixed line or if you are transferred directly to Gadget Rescue team from one of our Virgin Media contact centres having called 151 from a Virgin Media landline. Call charges made from a mobile, non Virgin Media phone line or to a non Virgin Media freephone number may be chargeable.
You are responsible for all activities that occur on your GR Services account, whether by you or by any person you allow to use it.
8.1 You undertake not to:
(a) Install any illegal or unlicensed software on your computer and agree that the Service will not support any illegal or unlicensed software or hardware.
(b) disrupt or attempt to disrupt the GR Services.
9.1 Your use of the GR Services (including but not limited to its content) is at your own risk. We make no representation or warranty, expressed or implied
(a) as to the quality, accuracy, availability or fitness for a specific purpose of the GR Service or its content; or
(b) that the GR Services, or the server(s) that make it available will be uninterrupted, timely, secure and free from errors, viruses or bugs.
9.2 Any accessing and/or use of the GR Services is carried out at your own discretion and risk, and you will be solely responsible for any damage to your hardware or software or loss of data that results from such accessing or use. Neither Virgin Media nor any of its agents acting on Virgin Media's behalf will be liable for any damages and/or changes made to your hardware or software or for any loss of data as a result of the service.
9.3 In no circumstances will we be liable in contract, tort (including negligence or otherwise) for any loss or corruption of any data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue loss, or for any other indirect or consequential loss whatsoever whether such loss was foreseen, foreseeable, known or otherwise.
9.4 You agree to indemnify us fully from all actions, claims, threats, proceedings, costs (including legal costs and expenses properly incurred), damages, charges, losses, expenses, demands or liabilities brought against, suffered or incurred by us as a result of any claims from third parties made as a result of your acts or omissions whatsoever arising from the use of the GR Services (including without limitation any claims arising from or incurred as a result of because of any infringement or alleged infringement of intellectual property rights).
9.5 You understand that Virgin Media and/or our agents cannot guarantee that software used within the provision of GR Services is free of defects or viruses, worms, Trojan horses or other destructive code.
10. Your data
10.2 We will collect information from you that allows us to:
(a) process, administer and manage your GR Services account;
(b) analyse, diagnose and resolving the problem you have encountered and optimise the functionality of our GR Services;
(c) communicate with you about your GR Subscription Services account;
(d) ensure that access to GR Services is restricted to eligible individuals;
(e) personalise and improve your customer experience; and
(f) develop new products and services.
This includes information we require you to give us at registration stage (name, address etc), as well as information about your use of the GR Services that we collect automatically.
10.3 You acknowledge that:
(a) we may provide the information you have given to us and information about your GR Services usage to third parties such as licensors and advertisers
(b) we may have an obligation to provide licensors with your personal information which will be processed and transferred outside of the United Kingdom. You further acknowledge and consent to the transfer and processing of your information outside the United Kingdom.
(c) if you breach these terms and conditions, we may use the information we hold regarding your use of the GR Services and any other information we hold about you to stop such breach. You agree that this information may be disclosed to relevant third parties if it is necessary to do so in order to stop the breach.
11.1 Our licensors are intended third-party beneficiaries under these terms and conditions and may enforce these terms and conditions against you.
11.2 Our failure to insist upon or enforce your strict compliance with these terms and conditions will not constitute a waiver of any of our rights.