SKY BROADBAND SUBSCRIPTION CONTRACT

• First, here are some key points that you should note:
• Here are the detailed Conditions of Sky Broadband:
  • 1. Sky Broadband home installation Terms and Conditions
  • 2. Usage Policies
  • 3. Company Details

First, here are some key points that you should note:

• You must be an active Sky TV subscriber at all times during this Contract. If your Sky TV Contract ends or your viewing is suspended, Sky Broadband will automatically end/be suspended too (Condition 1(c)).
• The Sky Broadband Product you have chosen is for a minimum of 12 calendar months from the date your telephone line is first activated by us or BT to receive Sky Broadband (the Minimum Term), unless you or we are allowed to end it earlier (Condition 11). If your Contract ends during the Minimum Term (other than where you have a right to end it – see Condition 11(b)) we may charge you an early termination charge. We may charge this amount directly to any credit or debit card which you have provided us with details of and, by entering into this Contract, you are authorising us to do so. We will give you reasonable notice before these charges are made.
• Your use of Sky Broadband, and that of those you allow to use Sky Broadband, must comply with our Usage Policies. You are responsible under this Contract for the use of Sky Broadband by any person you allow to use it (Condition 2(c) and Usage Policies).
• Sky Broadband is variable and our prices, Products and the Email & Tools can change, even during your Minimum Term. However, if we reduce the level of service provided by your chosen Product and you reasonably consider that you have been disadvantaged by this you will have a right to move to another Product accessible by you or end this Contract. You can also end the Contract during your Minimum Term if we increase your Sky Broadband Payment more than once, or by more than 10% or the annual increase in the UK Retail Price Index, whichever is the greater. If you wish to end this Contract in these circumstances, then you need to let us know within one calendar month of notice of the change (Conditions 7, 11(c) and 11(d)).
• If you take Sky Broadband together with a Sky Talk calls package and Sky Talk line rental, where possible your Sky Talk and Sky Broadband services will be provided on our own new network (rather than BT’s). We call this our Sky Voice and Broadband network. If we can’t do this straightaway we’ll migrate you later and let you know when this happens. Whether we provide your Sky Broadband and Sky Talk services on the Sky Voice and Broadband network will depend on where you live. If you live in an area where the Sky Voice and Broadband network is not available straightaway but later becomes available, we’ll contact you to let you know that we’ll move you on to the Sky Voice and Broadband network.
• The Sky Voice and Broadband network uses Local Loop Unbundling (LLU) to give Sky end-to-end control of your broadband and phone service, instead of 'renting' the connection from another provider. LLU enables operators such as Sky to add our own equipment to BT's copper lines. Some LLU connections are 'shared access,' meaning that internet service providers and a fixed-line telephone provider share the line, but we're switching to 'fully unbundled,' which means we have exclusive use of the connection. This means that on the new network, you can only get your services from Sky.
• If after we move you to our Sky Voice and Broadband network, you want to switch your Sky Talk or Sky Broadband to another provider, we will need to transfer you back to BT’s network to provide your remaining service. When we do this, you may lose your services for a short time and, in the case of your broadband service, this may be about 10 days (Conditions 11(g) and (j)). Your Sky TV service will not be affected. We are planning to introduce some new features to your Sky Talk services including the ability to manage your voicemail on our website. If the provision of your Sky Talk service is moved back to the BT network, then you will lose access to these features. There may be some optional Sky Talk features which are not available on the Sky Voice and Broadband network.

How information we hold about you can be used

By subscribing to the services offered by Sky Broadband S.A. ("Sky") you are agreeing that the information and personal data you provide to it and information about your Sky Wireless Router and your Sky account ("Data"), may be used for the following purposes: execution of this Contract; administration of your Sky Broadband account (including transferring Data to its agents located outside the EEA for this purpose (being, as at the date of this Contract, the Philippines, the United States of America and India)); marketing of Sky’s products and services and market research. Sky may also share Data with credit reference agencies and other companies including for use in making credit decisions, for fraud prevention to pursue debtors. In addition we may provide information to third parties for the purposes of preventing or detecting crime or for the purpose of safeguarding national security. We also provide information when required to do so by law (for example under a court order) or in response to properly made demands in accordance with legislative powers. Disclosures will be made in accordance with applicable data protection legislation.

Sky's agents include:
(i) Google Inc.; and
(ii) Google Ireland Limited.

You also expressly agree that Sky and the Sky Group Companies may receive and use the Data for administration of your Sky Broadband account, the marketing of their and third parties’ respective products and services, and market research including for a reasonable period after you cease to be a Sky Broadband customer.

Marketing by Sky and the Group Companies may include sending you information by post, telephone, email or SMS about similar products and services (unless you advise Sky of your preference not to receive such marketing).

You also agree that the Data held by Sky and the Sky Group Companies may be shared with other third party companies located in the UK or the Republic of Ireland, including for sales, marketing and market research purposes, unless you advise us of your preference not to share such information with third party companies.

If you wish to let us know that you don't want to receive marketing, or that you don't want us to share Data with companies outside the Sky Group Companies, or if you wish to obtain access to your Data, please call Sky Customer Services on 08442 41 41 41 or contact us via email at Mysky@bskyb.com.

Your personal data will not be retained for longer than required for the purposes of its processing, subject to any limitation periods imposed by law.

Sky Group Companies include:
(i) Sky Subscribers Services Limited;
(ii) British Sky Broadcasting Limited;
(iii) Easynet Telecommunications Limited; and
(iv) Sky In-Home Service Limited.

Calling Sky

Calls to and from Sky Customer Services may be recorded or monitored for training and other purposes.

If you wish to discuss your Sky Broadband account or experience problems using Sky Broadband, you should contact Sky Customer Services on 08442 41 41 41.

Here are the detailed Conditions of Sky Broadband:

These are the Terms and Conditions ("Conditions") on which Sky’s broadband internet access and Email Tools (See Condition 4(a)) ("Sky Broadband") will be provided to you. Further Terms and Conditions are set out in the Sky Broadband Usage Policies ("Usage Policies"). Together they make up your Sky Broadband subscription contract ("Contract"). Any use of Email Tools via sky.com will also be governed by Sky’s privacy policy at www.sky.com.

Please note: Any additional features, content, services and applications will be available for Sky Broadband subscribers on, or via a link from, www.sky.com ("Sky Broadband Extras"). These may be provided by another member of the British Sky Broadcasting group or a third party and are not covered by this Contract. The Terms and Conditions that apply to them will be available at, or via links from, www.sky.com. The Sky Broadband Extras available will change from time to time and any changes will not affect this Contract.

This Contract is with Sky Broadband S.A. ("Sky"), which is responsible for providing broadband internet access and Email Tools and your Sky Wireless Router ("Wireless Router"). Sky Subscribers Services Limited ("SSSL") provides customer services and Sky In- Home Service Limited ("SHS") delivers Wireless Routers and provides installation services, in each case in relation to Sky Broadband, as an agent for Sky. References below to "we" or "us" shall be read as references to Sky. You can contact us at PO Box 43, Livingston, West Lothian EH54 7DD or call 08442 410 515.

1. Sky Broadband and who can get it

(a) We offer a number of subscription products ("Products"), currently known as Base, Everyday, Unlimited and Connect. Full details of the Products available from time to time are set out on www.sky.com/broadband.

(b) Availability of Products will vary depending upon your location.

(c) To take Sky Broadband you must be 18 years old or over and your home must be in an area of the UK where Sky Broadband is accessible. You must also have an active Sky digital subscription ("Sky TV") under a Sky digital subscription contract ("Sky TV Contract"), for any reason (other than where we are at fault), we will also suspend or end (as applicable) the provision of Sky Broadband on giving you notice. If this happens we will confirm with you whether you wish to transfer your broadband service to another provider.

(d) Sky Broadband will be provided to you at your home in the UK where you receive Sky TV ("Address"). You can only have one Sky Broadband subscription per Sky TV Contract (excluding any Sky Multiroom subscriptions).

(e) In order to use Sky Broadband: (i) your computer must meet the required specification given from time to time via www.sky.com/broadband; and (ii) the telephone line you use to access Sky Broadband must be a Sky or BT compatible fixed and operational line to your Address ("your Line").

(f) The Connect Product will only be offered to you if your Line cannot be connected to either our existing Sky Broadband network or our new Sky Voice and Broadband network. If you have the Connect Product and it becomes possible to connect your Line to either network, we may do this automatically and you will be placed on the Everyday Product and charged at its standard rate (which will not exceed the standard rate for Connect and will provide at least the equivalent service). We will notify you of this change. If you wish to choose another Product, you can do so by calling us within one calendar month of notice from us of the change.

2. Using Sky Broadband

(a) Sky Broadband is for private use by you and members of your household only. It must not be used for any commercial or business purpose.

(b) You will be registered as the primary user but you can nominate additional users provided they are members of your household and they consent. Any additional user must also provide a user name and password which must be different to yours.

(c) You are responsible for the security and proper use of your username and password and you must not disclose either. You are also responsible for the security and proper use of each additional user’s username and password. You are also responsible for all activities that occur under these usernames and passwords. If you know or suspect that your username or password or any username or password of your additional users has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that any such username or password is changed as soon as possible.

(d) If we believe that there has been, or is likely to be, a breach of security of your username or password or of the username or password of any of your additional users, we may suspend such usernames and passwords and require that any or all of them are changed.

(e) You and any additional user must not use any logos or trade marks of Sky, the Sky Group Companies or Sky’s processors in any way which could damage or undermine the owner’s reputation.

(f) We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of Sky Broadband or your Wireless Router by you or anyone you have allowed to use Sky Broadband.

(g) If your Line is disconnected for any reason, you will lose your connection to Sky Broadband and your line provider (if this isn't Sky) may not automatically reinstate Sky Broadband after reinstating your Line. There may be a delay in being reconnected to Sky Broadband. If a re-connection fee is payable, we will tell you the amount of this fee before charging you. You will be charged for Sky Broadband throughout this period, unless the disconnection or delay in reconnection has been caused by us or our agents.

(h) To protect our network and maintain quality of service for all our users we can temporarily or permanently control or restrict your online activities via Sky Broadband where such activities may have a detrimental effect on other customers’ quality of service and it is reasonable for us to do so (e.g. sending "spam" Messages or hosting a website).

(i) We may modify or temporarily suspend Sky Broadband, or part of it, to the extent necessary for us to carry out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of Sky Broadband. Where possible, we will let you know beforehand and we will restore Sky Broadband to you as soon as we can.

3. The Wireless Router

(a) As part of the Sky Broadband service Sky will supply one Wireless Router to you under this Contract.

(b) You can choose to either install your Wireless Router yourself ("Self Install") or have SHS install it for you on Sky’s behalf ("Home Installation"). If you choose Self Install, SHS will send your Wireless Router on Sky’s behalf to your Address and you must comply fully with all reasonable installation instructions and advice that SHS or we provide to you. If you choose Home Installation you should read the terms and conditions for Home Installation (set out at the end of this Contract). You may have to pay for Home Installation. We will tell you the amount of this fee before charging you.

(c) Your Wireless Router (except the software in it) will become your property on installation if you choose Home Installation, or on delivery if you choose Self Install. The software in your Wireless Router is owned by or licensed to Sky or another member of the British Sky Broadcasting group. You must allow this software to be updated. Updates will happen automatically at no extra charge.

(d)Sky Broadband must only be accessed via your Wireless Router. Your Wireless Router is not supplied as being capable of being used to access any other Internet service.

(e) Your Wireless Router is supplied with a warranty ("Warranty") against faults arising in the first 12 months after supply.

(f) The Warranty also covers cabling and, if you choose Home Installation, installation faults. The following are not covered by the Warranty: faults arising from misuse, accidental or deliberate damage to your Wireless Router; damage arising from use of equipment that is not supplied by or on behalf of Sky for use with your Wireless Router; cosmetic damage which does not affect the functionality of your Wireless Router; computer equipment, software and cables that we or SHS did not supply to you and damage caused by events outside the reasonable control of Sky or any other member of the British Sky Broadcasting group, or its equipment suppliers.

(g) To report a fault, please call us on 08442 410 515. If a reported fault cannot be remedied by one of our engineers over the phone, then we will either repair or replace your equipment, whichever is reasonably considered to be the most proportionate. Any equipment that is replaced must be returned to us in the manner we request.

(h) Any replacement equipment supplied under the Warranty will be new or ‘as new’ (previously used equipment that has been refurbished by the manufacturer or its authorised agent). We will warrant any repair or replacement until the later of the end of the original 12 month warranty period or 3 months from the date it was carried out or supplied.

(i) The Warranty does not apply outside the UK, Isle of Man and the Channel Islands. It does not affect your legal rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.

4. Email Tools

(a) You and any additional user will have a Sky Broadband e-mail account which may enable you to access others services, for example a calendar and address book and instant messaging and voice services ( "Email Tools"). You and any additional user are responsible for backing up any data you have saved in the E-mail Tools.

(b) We may need to modify the content or format of any emails or instant messages ("Messages") sent via Sky Broadband in order to transmit them.

(c) If this Contract ends for any reason you and any additional users will no longer be able to access your Email Tools via www.sky.com. Your Email Tools will be accessible via other Internet service providers for one calendar month after this Contract has ended, subject to the Usage Policies, except where this Contract has ended due to your fault. We will not be under any obligation to keep or make available any data held in any of your Sky Broadband email accounts for longer than one calendar month after this Contract ends. Any deleted data will not be recoverable.

5. Changing your Address and telephone number

(a) You must tell us immediately of any changes to your Address or the telephone numbers you have provided to us.

(b) Unless condition 5(d) applies to you. If you change Address during your Minimum Term:

• a. this Contract for your chosen Product will continue unless you exercise a right to end it under Condition 11.
• b. If any Sky network Product which you are subscribing to (Base, Everyday or Unlimited) is not available at your new Address you may either end this Contract or select another Product that is available there in which case this Contract will continue.

We may charge you any costs we reasonably incur as a result. We will tell you the amount of this charge before charging you.

(c) Unless condition 5(d) applies to you. If you change Address after your Minimum Term has expired this Contract will end and you will need to enter into a new Sky Broadband subscription contract with a new Minimum Term to receive Sky Broadband at your new address. This will be re-confirmed to you at the time you notify us of your change of Address.

(d) If you are on the Sky Voice and Broadband network and you change Address, this Contract will continue at your new Address unless you exercise a right to end it in line with this Contract, or we are unable to transfer your Sky Broadband service to your new Address. We may charge you any costs we reasonably incur as a result of a transfer. We will tell you the amount of this charge before charging you.

6. Paying for Sky Broadband

(a) Unless otherwise agreed, you will be charged the monthly subscription for your chosen Product ("Sky Broadband Payment") from the date your Line is first activated by us or BT to receive Sky Broadband ("Activation Date"). We will collect the Sky Broadband Payments (and any other amount which we have told you is due in relation to Sky Broadband) in advance each month with your Sky TV payment via the same payment instruction.

(b) Subject to Condition 11(c), we may increase your Sky Broadband Payment at any time by giving you at least one calendar month's notice.

(c) We may also increase your Sky Broadband Payment if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Sky Broadband Payment directly or our pricing structure generally. We will use all reasonable endeavours to provide you with notice before any price increase takes effect under this Condition 6(c). Your Sky Broadband Payment will also change if you are permitted to change Products.

(d) If you have provided unauthorised payment or other details, we can suspend provision of Sky Broadband without giving you notice. This does not affect our right to end this Contract under Condition 11(h).

7. How we can change Sky Broadband

(a) Sky Broadband is variable. We can change, replace or withdraw Products at any time. For example, we can vary the maximum speeds or capacity of your chosen Product.

(b) We will give you at least one month’s notice if we make any change to Sky Broadband which affects your Sky Broadband Payment or which is likely to materially disadvantage you, or if we withdraw your chosen Product.

(c) If we reduce the level of service provided by your chosen Product and you reasonably consider that you have been materially disadvantaged by this you may move to another Product accessible by you within one month of receiving our notification, or end this Contract under Condition 11(c), even if you are within your Minimum Term.

(d) If we withdraw your chosen Product, we will move you onto the nearest equivalent Product accessible by you unless you notify us that you wish to move to another available Product within one month of receiving our notification. If this happens during your Minimum Term, your Sky Broadband Payment will not increase before the end of your Minimum Term (other than where Conditions 6(b) and 6(c) apply).

(e) If after your Sky Broadband is activated, you are receiving a line speed which is significantly below the speed estimate we gave you when you placed your order and we are unable to resolve any technical issues you may be having on your line you may select an alternative lower speed Product (if one is available to you). If you do this, we may charge you the difference between what you paid to activate your current Product and the amount you would have paid to activate the lower speed Product if you had signed up to it in the first place.

8. Software

(a) The use of any software provided by us (e.g. for Microsoft Internet Explorer) will be subject to the terms of any relevant end user licences or other agreements which are reasonably required by the owners of such software and that we have brought to your attention.

(b) You acknowledge that it is your responsibility to obtain any upgrades to any software needed to maintain the full Sky Broadband service when prompted to do so.

9. What we are not liable for

We will not be liable under this Contract to you, or any other person who you allow to use Sky Broadband, for:

(a) any fault in your Wireless Router caused by tampering or negligence (unless caused by us) or by the failure to follow our reasonable instructions, these Conditions or the Usage Policies;

(b) any use made of Sky Broadband, nor for any content which is accessed, sent or received using the service, nor for any charges incurred with any third party or for any transactions entered into through Sky Broadband or Sky Broadband Extras, unless caused by us;

(c) use of your Wireless Router to access any other Internet service;

(d) the act of suspending Sky Broadband or ending this Contract in accordance with Condition 11;

(e) any delay or failure by us to provide any element of Sky Broadband or part of it where such delay or failure is caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;

(f) any loss or damage caused by your use of Sky Broadband, your Wireless Router, us, or any of our respective officers, employees, sub-contractors or agents in circumstances where:

(i) there is no breach of a contractual obligation or legal duty of care by us or any of our respective officers, employees, sub-contractors or agents; or
(ii) such loss or damage is not a reasonably foreseeable result of any such breach.

(g) any loss or damage caused by Sky Broadband, your Wireless Router, us, or any of our respective officers, employees, sub-contractors or agents to the extent that such loss or damage results from any breach by you of these Conditions and, in particular not limited to the Acceptable Use Policy;

(h) any loss or damage caused by viruses or unauthorised use of, or attempts to access, Sky Broadband or your computer; and

(i) any loss or corruption of data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue unless caused by us. No company nor its officers, employees or agents who act as Sky’s agent in providing any part of Sky Broadband shall be liable to you or any other person who you allow to use Sky Broadband.

10. How we can change the Conditions

(a) We cannot change or add to Conditions 7(c), 9, 11(c) (ii) or this Condition 10 except for security, legal or regulatory reasons.

(b) We may change any other Conditions. However, if you reasonably consider that you have been disadvantaged by this you may end this Contract under Condition 11, even if you are within your Minimum Term (see Condition 11(a)).

(c) You will receive at least one calendar month’s notice of any changes or additions to these Conditions which are likely to be materially detrimental to. We will give you notice of any other changes or additions to these Conditions on sky.com. We will not use this right to vary the terms of any special offer which applies to you.

11. How long your Contract lasts

(a) This Contract cannot end during the first 12 calendar months from your Activation Date ("Minimum Term") unless you or we have a right to do so under this Condition 11. After the Minimum Term, this Contract will continue until either you or we end it in a way set out in this Condition 11. During your Minimum Term, unless we agree otherwise, you cannot downgrade your chosen Product unless Conditions 1(f), 5(b)(b) or 7(c, d, or e) apply.

(b) You will have to pay us an early termination charge if this Contract ends before the end of the Minimum Term unless:

• a. You have a right to end it under Condition 11(c) of this Contract; or
• b. You are exercising your right to cancel as set out in ‘Your Rights to Cancel Sky Broadband’ (see below); or
• c. You end your Sky digital Subscription Contract (during or after its minimum term):
• i. for one of the reasons set out in conditions 11(a)(i) to (iv) of your Sky digital Subscription Contract; or
• ii. because your Sky digital subscription payment has increased by more than the limits set out in Conditions 2(c)(i) or (ii) of your Sky digital Subscription Contract, by giving us one calendar’s month notice; or
• iii. because a Sky group company has broken a condition of your Sky digital Subscription Contract, by giving us seven days’ notice; or
• iv. in accordance with the rights set out in "Your Rights to Cancel" in your Sky Contracts Booklet, (in each case this Contract will automatically end at the same time).

The early termination charge will not be more than the charges you would have paid for your chosen Product for the remainder of the minimum term less any costs we save, including the cost of no longer providing you with Sky Broadband. We may charge your early termination charge directly to any of the credit or debit cards which you have provided us with details of (e.g. when you paid for your installation) and by accepting the terms of this Contract you authorise us to do so. We will give you reasonable notice before making any charge.

(c) You can only end this Contract during your Minimum Term if:

• (i) Conditions 7(c), 10(b) or 11(b)(a) - (c) or 11(e) apply; or
• (ii) we increase your Sky Broadband Payment more than once, or by more than 10% or the increase in the UK Retail Price Index over the 12 months before we tell you about that price increase, whichever is the greater, unless Condition 6(c) applies;
• (iii) Condition 5(b)(b) or 5(d) applies.

(d) To end this Contract under Condition 11(c), you must give us at least seven days’ notice within one calendar month of receipt of any notice from us. Please bear in mind how long it will take to end your Contract (see Condition 11(g) below) to ensure that you are not affected by any changes we notify to you.

(e) You may end this Contract by giving us seven days’ notice at any time (including during your Minimum Term) if we break any of the Conditions and we have not put it right within a reasonable period of time.

(f) If you want to end the Contract for any other reason you may do so at the end of or after your Minimum Term in accordance with Condition 11(g).

(g) If you tell us that you want to end this Contract under this Condition 11, how long your Contract lasts will depend on whether you are on our Sky Voice and Broadband network and on what you want to do with your broadband service:

• a. If you are switching to another broadband provider which can provide broadband services on your existing phone line we will provide you with a Migration Authorisation Code (MAC). You will need to give your MAC to your new provider. Your Sky Broadband service will end when we are notified by your new provider that your broadband service is switching and this Contract will end at the same time. If you have not used your MAC within 30 days it will expire and you will continue to receive Sky Broadband under this Contract unless you tell us otherwise.
• b. If you are switching to another broadband provider which can provide broadband services on your existing phone line without a MAC, your Sky Broadband service will end once we are notified by your new provider that your broadband service is switching and this Contract will end at the same time. If we do not receive any notification then you will continue to receive Sky Broadband unless you tell us otherwise.
• c. If you are not switching to another broadband provider but want to end this Contract or you are switching to a provider who cannot provide services on your existing Line then you must give us at least 10 working days notice. Your Sky Broadband service and this Contract will end once this notice period expires.
• d. If you are on the Sky Voice and Broadband network Conditions 11(g)(a) to (c) above do not apply and you must give us at least 10 working days notice. Your Sky Broadband service and your Contract will end once this notice expires.

(h) We can immediately suspend the provision of Sky Broadband and/or end this Contract by giving you seven days' notice at any time (including during your Minimum Term) if:

• (i) you have missed any payments that you owe us or break any of the Conditions;
• (ii) you, anyone you authorise to deal with us on your behalf, or any of your additional users act in a way towards our staff or agents which we reasonably consider to be inappropriate; or
• (iii) if we have reasonable grounds to suspect fraud or any other unauthorised activity.

We will not refund any Sky Broadband Payments or other payments made under this Contract if we end this Contract under this Condition 11(h).

(i) We may end this Contract at the end of or after your Minimum Term by giving you 10 working days notice at any time.

(j) If you are on the Sky Voice and Broadband network , you are only able to receive broadband and telephony services from Sky. This means that if your Sky Broadband service ends, your Sky Talk service will end at the same time and vice versa. If this happens and you want to transfer your telephone service to another provider, you will need to contact your new provider to arrange the transfer. If you want to re-order Sky Broadband you will need to contact us once you have a new BT compatible line.

12. How this Contract can be transferred and third parties

(a) We can transfer our rights or obligations under this Contract to any company, firm or person provided this does not affect your rights under this Contract in a negative way.

(b) This Contract is personal to you. You may not transfer your rights or obligations under this Contract to anyone else, and no third party is entitled to benefit under this Contract except pursuant to Condition 12(a).

13. How notices will be given

(a) If we give you any notice that is required under this Contract, it must be in writing and may be sent by email to your Sky Broadband primary email account or such other email address as we have agreed with you. If we send you any notice with any other document, the notice will be on a separate sheet of paper or in a separate attachment and will be clearly marked.

(b) Unless otherwise stated, if you give us any notice that is required under this Contract it should be by calling 08442 410 515 or such other number we notify to you for this purpose.

14. Law and geographical limits

This Contract is governed by English Law unless you live in Scotland, in which case it will be governed by Scots Law. Any disputes can be dealt with by any UK court that can lawfully deal with the case.

YOUR RIGHTS TO CANCEL SKY BROADBAND

If you ordered Sky Broadband from us over the internet, by telephone, text or via your set top box:

1. You can cancel Sky Broadband within 8 working days of the later of delivery of your Wireless Router for Self Install, or your Home Installation (as applicable), and your Activation Date. Any cancellation must be in accordance with this notice.

2. You can cancel Sky Broadband by:

(i) calling 08442 410 515;

(ii) writing to Customer Relations, Sky Subscribers Services Limited. PO Box 43, Livingston, West Lothian EH54 7DD;

(iii) sending a fax to 01506 48 43 43; or

(iv) sending an email to broadbandcustomerservice@bskyb.com.

3. You must give your name, address, post code and customer number in order to cancel Sky Broadband.

4. You must keep any products that have been delivered to you safe for up to 6 calendar months from the date you cancel. Once they are returned, your responsibility ends.

5. We will contact you to arrange return and will either supply reply paid packaging for the product to be posted to us or we will collect it. We will be entitled to charge you our direct costs for its return and/or set the costs of return off against any amount that we owe you.

6. This cancellation right does not affect your statutory rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.

If you choose Home Installation, a separate cancellation policy applies to this service which is contained in the Terms and Conditions of Home Installation (set out at the end of thisContract).

If you ordered Sky Broadband from one of our door-to-door sales agents please refer to the cancellation policy given to you in the documentation left with you by our sales agent.

SKY BROADBAND HOME INSTALLATION Terms and Conditions

These are the Terms and Conditions under which we will install Sky Broadband at your Address ("Contract"). We are Sky Broadband S.A ("Sky"), a company within the British Sky Broadcasting group. You can call us in relation to this Contract on 08442 410 515. In this Contract "Address", "Wireless Router", "Minimum Term" and "Sky Broadband" have the same meanings as given for those terms in the Sky Broadband subscription contract.

1. Installation and your computer

(a) We will organise a day for installation which is convenient for both of us, but this will be subject to the availability of the Wireless Router.

(b) Before installation you should back up or save any data on your computer to avoid any loss or corruption occurring as a result of installation.

(c) You have the option of installing McAfee Internet Security Suite if you are a PC user or McAfee VirusScan if you are a Mac user. If you want to install this software you will have to uninstall any existing security software beforehand. If you do not want to install this software, please advise the engineer before your installation starts.

(d) You need to be present during the installation. If this is not possible, then you need to ensure that someone else, aged 18 or over, is at your Address to allow us access and to log into all the computers from which you wish to access Sky Broadband.

2. Installation offers

If you pay nothing or a reduced price compared to our standard price for your installation, we can charge you the difference between the lower price you have paid (if any) and our then standard price for installation if your Sky Broadband subscription contract ends during the Minimum Term (other than where we withdraw Sky Broadband or you end your Sky Broadband subscription contract and have the right to do so).

3. Cancellation

(a) You can cancel your installation at any time before it starts in the following ways by: (i) calling on 08442 410 515;
(ii) writing to Customer Relations, Sky Subscribers Services Limited
PO Box 43, Livingston, West Lothian EH54 7DD;
(iii) sending a fax to 01506 48 43 43; or
(iv) sending an email to broadbandcustomerservice@bskyb.com.

(b) You must give your name, address, post code and customer number in order to cancel your installation.

(c) This cancellation right does not affect your statutory rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk.

SKY BROADBAND USAGE POLICIES

Any terms in capitals not defined in these Usage Policies will have the same meaning as in your Contract. These Usage Policies apply to you and anybody you allow to use Sky Broadband. Any reference to 'you' shall be interpreted to mean you and anybody you allow to use Sky Broadband. You are responsible for the use of Sky Broadband by any person you allow to use it including anyone who accesses Sky Broadband because you have removed the wireless encryption security on your Wireless Router.

How we update our Usage Policies

The way our customers use Sky Broadband is changing all the time so we may need to change our Usage Policies to adapt to our customer’s needs. Our latest Usage Policies will always be posted on our website at www.sky.com so please keep checking for updates.

USAGE CAPS

Broadband

If you subscribe to a Product that has a cap on the amount of data that you download or upload via your Sky Broadband internet access each month ('Usage Cap'), your usage must not exceed that Usage Cap each month. For the current Usage Caps on each Product, please go to www.sky.com/broadband

If in any month you exceed your Usage Cap, we will notify you that you have done so.

If, in any subsequent month, your usage exceeds your Usage Cap again, then we may do one or more of the following things by notice:

(a) charge you fair and reasonable costs for your usage (and any reasonable administration costs) in excess of your Usage Cap;

(b) change your subscription to a Product with a higher Usage Cap, in which case we would also notify you of the new price you will be charged;

(c) suspend your use of Sky Broadband for the relevant month; or

(d) end your Contract in accordance with Condition 11 of your Contract;

E-mail

Whatever Product you take there are also limits on the use of the Sky Broadband email accounts by you and anyone you allow to use an email account.

(a) There is an upper limit on the size of each mailbox account. This will restrict the amount of Messages you are able to store in your mailbox account using Sky Broadband; and

(b) There is an upper limit to the size of each Message which you can send using a Sky Broadband email account.

You must not exceed these usage limits.

You must only use a Sky Broadband e-mail account for normal e-mail purposes and not, for example, as a storage facility. For the current usage limits, please go to www.sky.com/email.

If you exceed these email usage limits or use a Sky Broadband e-mail account for abnormal purposes, for example the storage of large files, then we may immediately suspend the email account or we may send you an email telling you to reduce your mailbox size or usage (as the case may be). If you do not act on our notification we may then suspend the relevant email account, or end your Contract in accordance with Condition 11 of your Contract.

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SKY BROADBAND CONNECT TRAFFIC MANAGEMENT POLICY

In addition to the monthly Usage Cap, this Traffic Management Policy applies to you if you take Sky Broadband Connect.

Excessive use during peak time

We will monitor your Sky Broadband usage during peak times from 5pm to 12am each day. This is when the majority of customers use the network and when speeds could be affected by the excessive usage of a minority. If we consider that your usage is excessive during peak times we may slow down your connection for the rest of the day so that it has less affect on others. Only a very small number of customers will be affected by this (less than 2%). If you are affected, we will only slow down the speed you can get during peak times for applications which use a lot of bandwidth (for example, streaming, peer-to-peer and newsgroups) and which have a negative effect on other customers. You will still be able to use Sky Broadband to do other things normally such as browsing, email, instant messaging and VOIP. There are no restrictions in place outside of peak times.

Traffic management of our Network

To ensure we provide a sustainable quality broadband service to our customers, we continuously monitor and efficiently manage the Sky Network as a whole. To do this, during peak times (from 5pm to 12am each day), we may slow down the speed that all Sky Broadband Connect customers can get on certain applications which we consider use up a lot of bandwidth (for example peer-to-peer and newsgroups) and which have a negative affect on other customers There are no restrictions in place for applications such as browsing, email, streaming, instant messaging and VOIP during peak times. We do not put restrictions on our network outside of peak times.

ACCEPTABLE USE POLICY

Irrespective of which Product you have subscribed to, our Acceptable Use Policy ("AUP") will apply to you and those who you allow to use Sky Broadband.

If you have any queries about our AUP, you can contact us by emailing abuse@sky.com.

Don't use Sky Broadband illegally!

Sky Broadband and the Sky Network may only be used for lawful purposes in accordance with all laws, statutes and regulations in force from time to time in the United Kingdom ('Laws').

You may not use Sky Broadband and/or the Sky Network to send, receive, store, distribute, transmit, post, upload or download any materials or data which:

violates any Law;

is defamatory, offensive, abusive, indecent, obscene, or constitutes harassment;

is or may be harmful to minors;

promotes or encourages illegal or socially unacceptable or irresponsible behaviour;

is in breach of any third party rights (including any third party intellectual property rights);

has any fraudulent purpose or effect or involves you impersonating another person or otherwise misrepresenting yourself as the source of any communication; or

damages or may damage our name and/or reputation or the name and/or reputation of our sub-contractors or agents.

We have put technical measures in place to prevent you from accessing certain websites that contain illegal images of child abuse that are identified from time to time by the Internet Watch Foundation ('IWF'). Although these filters are comprehensive, they do not provide an absolute guarantee that you will be unable to view such illegal images on the internet. In addition, these measures do not filter other content which you may find distasteful, such as 'adult' material. On this basis, we recommend that you consider installing additional software on your computer to prevent access to inappropriate websites or content on the internet.

For further information regarding the IWF, please visit their website at www.iwf.org.uk.

Do not violate anyone’s systems or network security

You must not use Sky Broadband to violate Sky Network’s security or any third party’s system or network security by any method including:

unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;

unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network; or

unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system or network.

You must not send, receive, store, distribute, transmit, post, upload or download any materials that are designed to violate Sky Network’s security or any third party’s system or network security. Examples of such prohibited material may include (but are not limited to):

programs containing viruses, worms, corrupted files, hoaxes, Trojan horses or any other items of a destructive or deceptive nature;

tools designed to compromise the security of other sites;

programs or services designed to send or facilitate the sending of unsolicited advertisements; or

programs or services designed to encourage or facilitate a breach of this AUP or any acceptable use policy of another internet services provider.

You must not connect the Sky Network to insecure machines or services able to be exploited by others to carry out actions which constitute a breach of this AUP.

You must not adapt, modify, decompile or reverse engineer any part of Sky Broadband.

You are responsible for all materials and/or data originating from the machines and/or networks that you have connected to the Sky Network. You must immediately disconnect (and subsequently secure prior to reconnection) machines generating materials and/or data which contravene this AUP once notified of such activity by Sky.

Messages

You must not send Messages to anyone who does not wish to receive them. We acknowledge that email and instant messaging are informal methods of communication however you must refrain from sending Messages to another user after receiving a request to stop.

You must not send unsolicited bulk Messages or any other form of abusive electronic communication. In particular, unsolicited advertising mailings (whether commercial or informational) are strictly prohibited.

You must not operate, host, provide hosting facilities to or assist in any way any web site, email address, or any other online service which is advertised or promoted by means of unsolicited bulk Messages (whether commercial or informational), any mass messaging facility or any other form of abusive electronic communication.

You must not send, distribute, or reply to mail-bombs. Mail-bombing is either sending copies of a single message to many users, or sending large or multiple files or messages to a single user with the intention of disrupting their internet experience.

You must not use false Message headers or alter the headers of Messages to conceal their email address or to prevent internet users from responding to messages. You must not use any email address that you are not authorised to use.

You must not suggest or imply that any Message you send is from, authorised or endorsed by, any Sky company or relates to any Sky business.

We will scan your incoming Messages for viruses and remove any Messages from the Sky Network which contain viruses. Although these filters are comprehensive, they do not provide an absolute guarantee that you will not receive viruses via Messages and you are advised to install appropriate anti-virus software on your computer.

We will scan your incoming Messages for spam and move any suspected spam to a separate folder in your email account where you can inspect it to ensure that non-spam Messages hasn’t been inadvertently identified as spam. Items of suspected spam will be deleted after 30 days.

World Wide Web and surfing the net

You will be solely responsible for your use of the internet and any web pages owned and/or operated by you that you connect to the Sky Network using Sky Broadband. You must not use world wide web pages within or outside the Sky Network to violate any part of this AUP or to disrupt or attempt to disrupt another internet user’s internet experience.

How do you make a complaint?

If you wish to notify us of a breach of this AUP, or if you wish to make a complaint regarding content, data or material that has been stored and/or accessed via the Sky Network or Sky Broadband, please email us at abuse@sky.com.

The actions we can take

Firstly, you should be aware that we will block any electronic communication that we reasonably consider to have breached this AUP.

Secondly, if you have breached this AUP, or we or a third party, reasonably suspect that you may have breached this AUP we will notify you by email (provided that this notification does not prejudice any investigation) and we may also:

(a) immediately suspend your access to Sky Broadband until such time as we are satisfied the breach has stopped;

(b) immediately end your Sky Broadband Contract;

(c) notify and/or pass on the details of the breach of the AUP to any relevant government, statutory, self-regulatory or law enforcement authority;

(d) investigate the alleged breach of the AUP, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on the Sky Network or our servers;

(e) remove (either temporarily or permanently), copy, store, monitor or otherwise deal with data and/or other material on the Sky Network and/or our servers; or

(f) suspend some or all of your Email Tools.

Sky will use your personal data and other account information in connection with any investigation carried out by Sky in accordance with this AUP, including by disclosing it to any third party authority that Sky considers has a legitimate interest in any such investigation or its outcome.

SKY GROUP COMPANY DETAILS

Sky Broadband S.A. Centre Helfent, 1 Rue Pletzer, L-8080 Bertrange, Luxembourg, B-118.641.

Sky In-Home Service Limited is registered in England (No. 2067075). Registered office: Grant Way, Isleworth, Middlesex TW7 5QD, UK.

Sky Subscribers Services Limited is registered in England (No. 2340150). Registered office: Grant Way Isleworth, Middlesex TW7 5QD, UK.

British Sky Broadcasting Limited is registered in England (No. 2906991). Registered office: Grant Way Isleworth, Middlesex TW7 5QD, UK.

Easynet Telecommunications Limited is registered in England (No. 2883980). Registered office: 44-46 Whitfield Street London W1T 2RJ.

THIRD PARTY COMPANIES

Google Inc. is registered in America. Registered office: 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.

Google Ireland Limited is registered in Ireland (No. 02906991). Registered office: Gordon House, Barrow Street, Dublin 4.

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