These are the terms and conditions relating to your Setanta Sports digital satellite television service subscription. We are Setanta Sports Hibernia S.à r.l. a company registered in Luxembourg as company number B144 924, registered office: 124 Boulevard de la Petrusse, L-2330 Luxembourg (“Setanta”). Reference to “Setanta”, “we” or “us” in this Contract shall be read as references to Setanta. You can contact us at the above address or at:
Setanta Sports
PO Box 26854
Cluny Court
Chapelton Drive
KIRKCALDY
KY2 9BH
UK
or call in the United Kingdom, 0871 200 4170 and in the Republic of Ireland, 0818 271 412.
1. Definitions
Address: your home address in the United Kingdom or the Republic of Ireland.
Channels: the television channels we may offer.
Conditions: the conditions in this Contract set out below and any changes we may make to them in accordance with this Contract.
Contract: this contract (including the terms of any Option chosen by you), authorising you to receive the Service for private viewing at the Address only.
Digibox: an authorised satellite decoder using Sky’s digital conditional access (encryption) system.
Minimum Term: any Pre-Paid Period, and the minimum term during which you are obligated to first subscribe to the Service under this Contract which minimum term shall be a period of two (2) months from the date on which you first subscribe to the Service unless otherwise agreed in the Option chosen by you.
Option: any of the purchase options we offer from time to time.
Pre-Paid Period: any period during this Contract where you have chosen to pre-pay any Subscription Payment whether monthly, annually or otherwise.
Republic of Ireland: the Republic of Ireland.
Service: the Option chosen by you. If during this Contract you wish to change your Option and we allow this, the Service is the new Option you choose.
Sky: British Sky Broadcasting Limited.
SSSL: Sky Subscribers Services Limited.
Subscription Payment: the payments you must pay us to provide the Service.
United Kingdom: the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
Viewing Card: the card that will allow you to receive the encrypted digital satellite services (such as the Service) when used with a Digibox.
2. Subscription Payments
(a) Unless otherwise agreed you will be charged for the Service from the date your Digibox is enabled to receive the Service under this Contract.
(b) You must pay us Subscription Payments in advance for the Option that you have chosen in your Contract. For Direct Debit, Debit and Credit Card payments we will collect the amount due automatically from your account each month (or as otherwise agreed in your Option) after we have enabled your Viewing Card to receive the Service.
(c) We may change your Subscription Payment at any time by giving you at least one month’s notice. Your rights to cancel the Service if we increase your Subscription Payment are set out in Condition 8(f) below.
(d) Your Subscription Payment may change at any time if you change your Option and you will immediately pay the current price for that new Option from the date you change your Option.
(e) We may also charge any other payment due under this Contract under your Direct Debit, Debit, or Credit Card instructions together with any other payments which you agree that we may charge under that instruction.
(f) We may alter your Direct Debit, Debit or Credit Card instruction if your Subscription Payment changes for any reason.
(g) We may refuse your application for subscription to the Service based on the results of an assessment of your credit standing using credit searches. We may from time to time assess your credit standing during your subscription; we will apply reasonable practices for the administration of your account based on the result of that credit search, including if we believe it is reasonable applying different payment terms to your account. We will notify you in advance of any change in payment terms. Your right to cancel in the event of any such change to payment terms is set out in Condition 8 below. We may use information from, and supply information to, outside agencies for this credit searching.
(h) A reasonable non-refundable registration fee notified to you or publicised on our website and/or our marketing from time to time shall be paid by you with the first Subscription Payment due for the Service under this Contract. Also we can charge a reasonable non-refundable administration fee if you want to change your Service and we allow this. Such administration fee will be notified to you or publicised on our website prior to being applied to your account.
(i) If you have missed any payments you owe to us, we can suspend provision of the Service without giving you notice. This does not affect our right to end the Contract under Condition 8 below.
3. Channels and Programming
(a) We can replace or withdraw advertised programmes. We can change, increase or reduce the number of hours of any of the Channels. We may encrypt or unencrypt any Channel at any time. We may transfer programming between Channels.
(b) We can vary or withdraw any Channel and vary or withdraw the Option you have chosen.
(c) If such changes are significant you may have a right to cancel under Condition 8(f) below.
(d) This Contract does not authorise you to receive any pay-per-view services of any kind.
4. Extra Channels
We may offer you extra channel(s) as part of the Service. If any increase in Subscription Payment would result from the addition of extra channel(s) we will notify you in accordance with Condition 2(c).
5. Liability
We will not be liable under this Contract for:
(a) any fault in a Digibox or other receiving equipment you use;
(b) any fault in your Viewing Card caused by your tampering with it, your negligence or failure to follow our instructions or these conditions;
(c) use of a Viewing Card with any decoding apparatus we do not authorise;
(d) the ending by you or us of this Contract in accordance with Condition 8;
(e) our failure to provide the Service caused by events outside our reasonable control; and
(f) any loss or damage caused by us or our employees or agents in circumstances where:
(i) there is no breach of a contractual obligation or a legal duty of care owed to you by us or by any of our employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of any such breach; or
(iii) such loss or damage results from breach by you of any term of this Contract.
6. Copying and copyright
(a) You must not do any of the following:-
(1) Copy, redistribute or relay the Channels or any part of them or otherwise deal with the Channels or any part of them.
(2) Produce, supply or otherwise exploit any programme, service or content (whether audio or audio-visual or otherwise) using the Channels or any part of them or otherwise use any part of the Channels for any commercial purpose whatsoever;
(3) Sell or make any charge for watching the Channels or any part thereof; or
(4) Show the Channels in public to an audience even if no charge is made or otherwise use the Service or any part thereof other than to view the Channels in private for non-commercial purposes at your Address.
(b) We may disable or alter remotely certain functions of your Digibox so as to prevent you from copying the Channels and we may prevent you from receiving the Channels if your Digibox allows copying of any Channels which we are bound by contract to prevent.
7. Changing the Conditions
(a) We will give you at least one month’s notice of any changes or additions to these Conditions. We will not use this right to vary the terms of any special offer which applies to you, and which you have accepted during the term of the offer.
(b) All changes referred to in this Condition 7 will be posted on Setanta’s official website www.setanta.com
(c) Your right to cancel if we make any significant change to the terms and conditions of this Contract are set out in Condition 8.
8. Ending the Contract
Unless Conditions 8(a) (b) or (f) apply, this Contract will stay in force for at least the Minimum Term The Contract will otherwise continue unless it is ended according to the Conditions below.
(a) If we reduce or vary significantly the total amount of programmes available on the Channels within, or the level of service of, your chosen Option, or change the terms and conditions to your detriment, you may end this Contract by giving us a minimum of one month’s written notice within 30 days of the change in programmes or level of service or terms and conditions as applicable.
(b) If you break any of the Conditions of this Contract, or act in a way towards our staff or agents which we reasonably consider to be inappropriate we can terminate the Contract by giving you seven days’ notice at any time (including during the Minimum Term). We can also terminate this Contract in relation to any Channel at any time (including during the Minimum Term) if we cease to broadcast, distribute or otherwise supply that Channel for any reason. If we do this during any Minimum Term and the effect of this change is to reduce significantly the total amount of programmes available on the Channels within, or the level of service of, your chosen Option, you may end this Contract by giving us one month’s written notice and if your Pre-Paid Period is greater than one month then at your request, we will refund you a pro-rata amount of any Subscription Payment in respect of the period after the date of cancellation.
(c) Except where you break the Conditions of this Contract, or where we cease to broadcast, distribute or otherwise supply any Channel for any reason, we will not terminate this Contract during the Minimum Term. We may during that period and later vary this Contract and the Service in the ways described in this Contract. We may terminate this Contract after the Minimum Term by giving you one month’s notice.
(d) If you or we end this Contract, we will block the entitlement to the Service on your Viewing Card and you will not be entitled to receive the Service.
(e) We will not refund any Subscription Payments or other payments made under this Contract if we end this Contract because you have broken the Conditions. If during the Minimum Term you end this Contract (other than when you have a right to do so) or we end it because you have broken the Conditions, you will have to compensate Setanta for any reasonable loss or costs we suffer as a result which loss or costs shall include without limitation all Subscription Payments payable by you to Setanta for the full Minimum Term.
(f) Notwithstanding any term to the contrary set out herein you shall have the right to terminate this Contract on one (1) month’s prior written notice to us during the Minimum Term for the following reasons only: (a) if within any Minimum Term the Subscription Payment shall increase for any reason described in Conditions 2(c) and/or 4; or (b) if during the Minimum Term, the number of Channels and amount of Programming shall change for any reason described in Conditions 3(a) and/or 3(b) and these changes amount to a significant reduction in the Service provided.
(g) Unless otherwise agreed in your Option, you may end the Contract for any reason as follows:
(1) By giving us a minimum of one month’s written notice at any time after the first ten days of this Contract. If you pay for the Service on a monthly basis, such cancellation will be effective on the date one month after your next billing date. If you pay for the Service with a longer Pre Paid Period, e.g. annually, or if your Option has a longer Minimum Term than two months then such notice will take effect at the end of your current Pre Paid Period or Option Minimum Term if given at least one month before the end of that period.
(2) If you pay monthly and wish to end this Contract precisely at the end of a two month Minimum Term then you may do so by giving written notice, such notice to be given between ten days after the start of this Contract and one month before the end of the Minimum Term applicable to your Option.
(h) If you end this Contract within the Minimum Term applicable to your Option, other than in accordance with Conditions 8(a), (b) or (f), you will become immediately liable to pay an amount equal to any unpaid Subscription Payments in respect of the remainder of the Minimum Term.
9. Right to Transfer the Contract
You may not transfer your rights or obligations under this Contract to anyone else. We can transfer some or all of our rights or obligations to another person firm or company if this transfer does not affect the Service in a negative way.
10. Notices
If you give a notice that is required under this Contract it must be in writing. If we give notice that is required under Conditions 2(c), or 7 of this Contract we shall only be required to post this notice on our official website (www.setanta.com). If we give notice that is required under any other Condition of this Contract it must be in writing.
11. Data Protection
To allow you to receive the Service it is necessary for us to use and share the personal details you provide us. Where you have given us your consent we may use and share data for marketing and research purposes and we may pass such information to companies other than those set out above. You also agree that we may use and pass information to other companies for use in making credit decisions, for fraud prevention and to pursue from you any sums owing by you to us under this Contract.
12. Your Viewing Card
(a) Your Viewing Card acts as a key so that you can unlock (unencrypt) the Service. Having the Viewing Card does not mean you have a right to own the Viewing Card after it is sent to you and does not mean you have the right to receive the Service. The Viewing Card remains the property of SSSL. If Setanta or SSSL asks you to, you must return the Viewing Card after the Contract comes to an end or if Setanta or SSSL requires you, to return it when it sends you a replacement.
(b) Only you may use the Viewing Card which Setanta or SSSL sends you. You can use the Viewing Card at your Address only with the Digibox in which it is first used to receive the Service and you must use it for private viewing purposes only. You must not use it for any commercial or business purposes (including without limitation any use in a pub, office, club, hotel, guest house, or similar premises) or in any premises other than your Address.
(c) If you give the Viewing Card to anybody else Setanta or SSSL can make it invalid.
(d) You must not tamper with the Viewing Card or Digibox or use it for anything that Setanta or SSSL do not authorise.
(e) In order to continue to receive the Service without interruption your Viewing Card must be kept in your Digibox at all times and you will need to keep the Digibox connected to a mains supply and suitable satellite dish and in standby mode when not in use. You must allow Setanta or SSSL to update the software in your Digibox by sending additional signals via satellite to your Digibox. The software in your Digibox remains SSSL’s property.
(f) Setanta and SSSL shall be entitled to disclose your name address and the Services you receive via the Viewing Card as part of the proper administration of the digital satellite system.
(g) Your Viewing Card must not be used outside the country (either the United Kingdom or the Republic of Ireland) it was supplied for use in and any change of Address must be notified to Setanta and SSSL immediately.
13. Law
(a) This Contract is governed by the laws of The Grand-Duchy of Luxembourg. If your address is in the United Kingdom any dispute can be dealt with by the courts in England and Wales. If your address is in the Republic of Ireland any dispute can be dealt with by the courts in the Republic of Ireland.
(b) This Contract only applies if your Address is in either the United Kingdom or the Republic of Ireland. If you move home from the United Kingdom to the Republic of Ireland or vice versa then you will need to enter into a new Contract for the country you are moving to. Your Subscription Payment and the Channels available to you may change as result of that move.