Terms and conditions
Pay As You Go
These are the Terms and Conditions that apply to National Broadband Pay As You Go dial-up internet service. 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.
A. Definitions in this agreement
- "Account Cancellation" means termination of this contract by you for any reason;
- "Charges" means any or all charges to you for services or goods which you purchase from Virgin Media from time to time which can be viewed here;
- "Customer Support"" means support provided by the Virgin Media call centre and/or the site (including the Virgin Media chat and remote assistance service);
- "day" means each day of the week including Saturdays, Sundays and public holidays;
- "the Internet" means the global data network comprising interconnected networks using Transmission Control Protocol/Internet Protocol;
- "Customer Service Site" means the web site provided by Virgin Media, which provides you with information on our services and your account details;
- "Service" means National Broadband, referred to as Pay As You Go, whereby you may gain direct access to the Internet via the telecommunications network, charged on a 3 pence per minute basis as set out at: http://www.virgin.net/helpme/dialup/payg/basics_howmuch.html, and, where applicable, gain access to any services and facilities provided by Virgin Media for you in connection with the Service;
- "Service Announcements" means email bulletins which contain important information on the provision or price of the Service, changes in the Terms and Conditions of Service, changes in the nature of the Service or any information which may affect the Customer's ability to use the Service;
- "Sites" means the website located at www.virginmedia.com and any other web sites associated with the Service;
- "Virgin Media" or "we" means Virgin Media Limited (registration number 2591237) whose registered office is at Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP.
- "you" and "your"means you, the person entering into this agreement with Virgin Media and Virgin Media Payments;
- "24seven" means National Broadband unmetered internet access service, which does not form part of this Service.
B. Virgin Media will:
- provide high standards of Customer Support, seven days a week, 365(6) 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;
- reserve the right to email Service Announcements, to all Customers as part of the Service.
- provide you with a webmail service;
- provide you with an anti-spam feature as part of the service which will review all emails sent to your accounts and will remove any email which it deems to be a spam email. Virgin Media does not accept responsibility for the filtering of any bona fide, non-spam emails, nor can it guarantee that the anti-spam feature will remove all spam emails; and.
- utilise an anti-virus feature which will review all emails sent to your account and will clean anything deemed to contain a virus. If the virus cannot be cleaned it will be removed from the email. Virgin Media does not accept responsibility for the usability of any cleaned files, nor can Virgin Media guarantee that all emails will be free from viruses.
C. You will:
- be responsible for interoperability between your PC, modem and the public telephone service;
- pay on demand the Charges to Virgin Media Payments. For the avoidance of doubt, you acknowledge that Virgin Media Payments shall not necessarily collect these charges on the same day of each month;
- provide Virgin Media with your calling line identity when requested by Virgin Media;
- be responsible for interoperability between your PC, modem and the public telephone service;
- only use Freespace in accordance with Freespace Terms and Conditions (http://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 number when you use the Service.
D. Acceptable Use Policy
When using the Service or accessing or using the Site:
- commit or encourage a criminal offence;
- send or proactively receive, upload, download, use or re-use any material which we may believe is offensive, abusive, indecent, 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;
- 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 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 the control and are not in any way warranted or supported by Virgin Media, Virgin Media Payments or its third party contractors;
- use the Service or access or use the Site in a way that does not comply with the terms of any applicable legislation, regulation or licence or that is in any way unlawful or in our opinion may have an adverse effect on the Site;
- use the service other than for your personal use, and you acknowledge that Virgin Media shall not 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 any way whatsoever by you or any third party;
- 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;
- employ a misleading email address or name or falsify information in the header, footer, return path or any part of any communication;
- permit any third party to do any of the above.
E. Intellectual property
- Intellectual property rights in all software and the Site (including the design, text, graphics, and any other material appearing on the Site) supplied to you remains the property of Virgin Media or its licensor or other content owner. 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 Site 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,
- You may use software supplied by Virgin Media on any single computer and on a second computer provided that the first and second computers are not used simultaneously and you may make one copy of such software only for archival or back-up purposes and provided that any copy contains all of the original software's proprietary notices (including, without limitation, intellectual property notices).
- 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.
F. No warranty
- Virgin Media is providing the Service and the Site on an "as is" basis and makes no representations or warranties of any kind with respect to the accuracy, completeness or reliability of the Site, the content contained in the Site (including any text, graphics, advertisements, links or other item), the Service or any software or content supplied to you and disclaims all such representations and warranties.
- In addition, neither Virgin Media, its third party contractors nor any other contributor to the Service or the Site 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 Site or supplied in connection with the Service or that any such content or software will be up to date, uninterrupted or error free.
- You should note that prices appearing on the Site are not offers from us or from third parties offering goods or services on the Site. 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 Site.
- We may provide links, including hypertext links, from our Site 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 Site which has been provided by third parties and/or information on any other website which is accessed via the Site has not been independently verified by Virgin Media. We accept no responsibility for these links and do not endorse their contents and we shall have no liability to you for any failure on the part of the operator of the linked site or any of its suppliers to fulfil any obligation owed to you or for any defective or deficient product or service any of them might supply to you. Should a dispute arise between yourself and any third party due to use of the Site, 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 the Site 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 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 Site, 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 any third parties providing you with services (including domain name registration authorities and any transaction entered into between you and third parties offering goods or services on the Site) or for faults or failures in such third parties' equipment.
- Subject to clause G(1), and (2) above, Virgin Media's and/or Virgin Media Payments' maximum aggregate liability under this agreement whether arising from negligence, breach of contract or otherwise shall be limited in respect of one incident or series of two or more related incidents to an amount equal to the cover provided to Virgin Media and/or Virgin Media Payments under their respective policies of insurance.
- 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 its employees and/or agents arising out of or in connection with any breach by you of these Terms and Conditions.
H. 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 Site.
I. Data protection
- Information and material published on the Freespace area of the Virgin Media 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.
- All information and material submitted to and accepted by Virgin Media via the Site by way of user reviews shall be deemed to be and shall remain the property of Virgin Media. Virgin Media shall be free to use, edit, copy, republish and distribute (for any purpose) any such information and material, 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 or materials except as required by law.
If you were introduced to Virgin Media by Hewlett-Packard, you acknowledge and agree that Virgin Media and its business are entirely unrelated to Hewlett-Packard and that Hewlett-Packard has no liability for any action or omission of Virgin Media.
For any and all Charges payable to Virgin Media you will:
- Pay via Direct Debit or with a debit/credit card or bank account 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 bank account registered with us to pay for services charged by Virgin Media to you;
- Refund to Virgin Media the cost of collecting outstanding payments owed or charges incurred due to failed or referred transaction(s);
- Immediately notify Virgin Media by telephone, post or email of changes to your Direct Debit credit/debit card or bank account details;
- When selecting an alternative package with Virgin Media, any outstanding Charges from a previously selected package will require settlement in full.
Virgin Media payments:
- reserves the right to claim from you any outstanding Charges;
- reserves the right to increase or decrease fees from time to time. Details of any such change will be communicated to you by post or email. Your right to cancel the Service shall apply, as set out in clause M.
M. Cancellations and refunds
- You should be aware that once you use the Service in any way, unless we agree otherwise, you will not have the right under Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000 to cancel this Agreement within 7 days of entering into it as if the agreement had not been made.
- Any Account Cancellation must be notified (the "Notification") to Virgin Media by:
- Telephone on the normal customer support telephone number; or
- in writing sent first class post to Virgin Media; or
- by email to email@example.com.
- You acknowledge that cancellation of your account shall only be valid if notified to Virgin Media in accordance with the above provisions. Any and all cancellations of accounts shall be effective after a period of seven working days following the day on which Virgin Media receives the notification.
Effect of Account Cancellation
- You shall be responsible for all relevant Charges relating to your account up until the Effective Date of Cancellation.
- Any email and webspace (Freespace) data will be deleted and we regret that we will be unable to retrieve this data. Virgin Media will reimburse you for any day's service, which you have already paid for but no longer require. This is calculated as the number of days between the effective date of cancellation and your next due billing date, provided that the account is not already in arrears.
Transfer to 24seven
If in the future you change from the Service to Virgin Media's 24seven service:
- any money owed to you for that part of the Service not used, will be credited to your new account or, if requested, a refund issued;
- you can do so online in the Customer Service Site. With any such change, the new service is provided with immediate effect and any new Terms and Conditions of service which apply will supersede these Terms and Conditions;
- all of your email and webspace (Freespace) data, including emails addresses used, will be retained for use with the new service.
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. 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 already paid for in advance but cannot use;
- you have failed to use the Service by direct access in any 60 day period. All email and webspace (Freespace) content including your email address will be deleted and will not be retrievable. For the avoidance of doubt, accessing your account via webmail does not constitute direct access of the Service,
O. Email and mailbox 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 here. 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 here.
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.
Q. 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 exclusive 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.
S. 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.