On Demand TV Service Terms for Residential Customers

18th May 2020

Version: 1

 

These terms apply in addition to your broadband service which you can find here. Any definitions given to words or phrases in your broadband service terms and conditions also apply to these terms. In addition, the words listed below shall have the following meanings:

“TV Service” the TV service you have ordered as shown on your Order Confirmation.

“On Demand TV Device” the device and equipment owned by us, to be installed at your property in order for you to use the TV Service.

 

  1. Eligibility

1.1 New customers: The TV Service is only available to new residential broadband customers who have ordered an eligible broadband service which includes the TV Service.

1.2 Existing residential broadband customers:  in selected Gigaclear areas, the TV Service will be available if customers choose to convert to a new eligible broadband service which includes the TV Service.  This will restart the contract with a new minimum term.

 

  1. Charges and payment

2.1 The amount you pay for the TV Service will depend on the broadband and TV Service you have ordered and will be shown as a monthly amount, including VAT on your Order Confirmation, payable in advance. Payments must be made by direct debit. Your first payment may include an activation fee for the TV Service as shown on your Order Confirmation.

2.2 We may review our charges for the TV Service at any time but any price changes will only apply to contracts which are outside the Minimum Term. If our prices are to change, and you are no longer within your Minimum Term, we will give you at least one month’s notice and you will be entitled to contact us to terminate the TV Service in the event that you do not agree to accept our price changes. (See paragraph 7 below for further information on terminating your TV Service)

2.3 Our TV Services are subject to a Minimum Term, which is set out on your Order Confirmation, starting from your Activation Date. You must keep and pay for the TV Service for the whole of the agreed Minimum Term, unless you or we are allowed to end this contract earlier. If you decide to end your broadband contract either before or after the Minimum Term then your TV Service will also come to an end at the same time as your broadband service and early termination charges for the TV Service may apply up to the amount of the remaining charges for the Minimum Term.

 

  1. Technical Requirements

3.1 To receive the TV Service you must:

3.1.1 have a 16:9 screen ratio television with a HDMI connection. We are not responsible for supplying a television to you.

3.1.2 obtain your own television licence from the TV Licensing Authority. Please see www.tvlicensing.co.uk for television licensing requirements.

3.1.3 keep the On Demand TV Device connected to your broadband service, otherwise most functionality will be lost. Please see the user guide for more information on setting up the connection with the Router Equipment.

3.1.4 have either a working digital TV aerial on the roof/exterior at the address where the On Demand TV Device will be used or an indoor aerial in order to receive Freeview channels. The aerial should be easily accessed in; your home and in close proximity to where the On Demand TV Device is to be installed. A suitable level of signal strength will be required in order to receive Freeview channels. You can check the Freeview signal strength of your home, by going to www.freeview.co.uk/freeview-checker. We recommend that you check the Freeview signal strength of your home before your installation date.

​​​​​​​3.2 To use the TV Service, we will provide you with an On Demand TV Device. We will tell you when you place your order whether there is an applicable activation charge for the On Demand TV Device.

​​​​​​​3.3 Please note, 4K resolution requires a 4K-capable TV. Accessing Dolby Atmos features requires Dolby-Atmos capable devices. We will not supply these to you.

​​​​​​​3.4 Subscriptions may be required to access some content on the On-Demand TV Device. Separate terms will apply to your use of any apps on the On Demand TV Device, for example you may need to subscribe to the third-party app. It is your responsibility to read and comply with the third-party terms of use for any of the apps that you use.

 

  1. Use

​​​​​​​4.1 The TV Service is provided for your private and domestic use in the UK only. It must not be used for any commercial purposes.​​​​​​​

4.2 We do not guarantee either the quality of the TV Service or that it will be available at all times. In particular, we will not be responsible to you for content accessed using the TV Service or On Demand TV Device functionality that:

​​​​​​​4.2.1 is disrupted or becomes temporarily unavailable as a result of reasons out of our control such as atmospheric conditions, the quality of the broadcast from your local television transmitter, the quality of your aerial and the strength of the Freeview signal in your area;

​​​​​​​4.2.2 is not compatible with certain devices or software updates render the content or functionality incompatible;

​​​​​​​4.3 The TV Service is made available to you provided that you comply with the following important conditions:

​​​​​​​4.3.1 You may only record content provided to you via the TV Service using the On Demand TV Device which is for your own private and domestic use.

​​​​​​​4.3.2 You must not make unauthorised or unlawful recordings of any content provided via the TV Service. If any recording which is allowed by law becomes illegal, you may be required to cease recording content and delete any copied material.

​​​​​​​4.3.3 You must not re-sell, broadcast or show any live or recorded content to the public or to anyone in an office or commercial space or otherwise use the TV Service for any commercial purposes.

​​​​​​​4.4 We shall not be responsible for the loss of any content you may have recorded or have scheduled to record at any time, including without limitation where:

​​​​​​​4.4.1 you have your On Demand TV Device repaired or replaced at any time; or

​​​​​​​4.4.2 we require you to return your On Demand TV Device to us for any reason; or

​​​​​​​4.4.3 where the the software on the On Demand TV Device is upgraded at any time.

 

  1. Content

​​​​​​​5.1 The TV Service will be provided to you for viewing Freeview TV channels, content from Catch-up TV services and third-party applications and streaming services for which additional subscription may be required. We are not responsible for any such third-party content or services. Some of these third-party content providers may require you to accept additional terms and conditions and pay additional subscription fees. These fees are in addition to any monthly subscription fees you may pay as part of your broadband and TV service.

​​​​​​​5.2 If you select and view any additional chargeable content, you must pay for such content directly to the content provider. It will not be charged to your Gigaclear bill. Any such content may be subject to a minimum subscription period and charge as set by the third-party provider. You should read all relevant details and terms and conditions before you purchase the content.

​​​​​​​5.3 The content provided over the TV Service may not be suitable for viewing or use by persons of all ages. It is therefore your responsibility: (i) to set up and maintain parental controls or other similar such restrictions as may be necessary and available via the TV Service; and (ii) to ensure that any content viewed or used is suitable for those viewing it.

​​​​​​​5.4 We may, from time to time, at our sole discretion or upon third-party providers express request, vary the content of the TV Service range and may add or remove content without notice to you.

 

  1. Using our On Demand TV Device

​​​​​​​6.1 Gigaclear owns the On Demand TV Device we supply to you and it must be returned to us when your contract for the broadband and TV Service is terminated.

​​​​​​​6.2 As the On Demand TV Device remains our property, you are responsible for making sure that our equipment is kept in good, working condition and used properly. Whilst we remain the owner, you agree to:

​​​​​​​6.2.1 allow us to make alterations or replace the On-Demand TV Device if necessary;

​​​​​​​6.2.2 keep the equipment in your home and under your supervision and control. You must not sell it, hire it out to anyone else, use it as a security for a loan or use it to settle any debts;

​​​​​​​6.2.3 not tamper with, disassemble, misuse, neglect or damage the On Demand TV Device;

​​​​​​​6.2.4 not remove or tamper with any labels on the On Demand TV Device;

​​​​​​​6.2.5 take proper care at all times to prevent the loss or theft of the equipment;

​​​​​​​6.2.6 allow us to access the On Demand TV Device remotely and perform any diagnostics or install software; and

​​​​​​​6.2.7 allow us to amend the TV Service functionality or switch it off completely for any good reason, including but not limited to: a failure to make payments due under your broadband and TV Service package; a failure to maintain your broadband service for any reason and/or for any reason required at law such as intellectual property infringement, including the threat of action.

​​​​​​​6.3 The On Demand TV Device contains various material, software and content protected by third-party copyright and other intellectual property rights. You acknowledge and agree that by using the device not to infringe any of those rights such as copying, decompiling, or otherwise alternating the software contained in the device. Our authorised third-party supplier of the device, Netgem, shall remain the sole owner of any intellectual property rights contained within the software on the device. You may only use the software in the form provided and only in conjunction with the device. 

 

  1. What if I no longer want my TV Service?

​​​​​​​7.1 You have the right to cancel your order for broadband and TV Services by contacting Customer services within 14 days from the day after the day on which you receive your Order Confirmation. You must put your request in writing. You may use the form which we emailed to you with your Order Confirmation to do this.

​​​​​​​7.2 If you request activation of your broadband and TV Service within the cancellation period and we have started to provide the TV Service, you will have to pay us the cost of the services you've received up to the point when you notify us of cancellation, including the Activation Fee (if applicable). If you cancel your order within the cooling-off period, the contract won’t end until you’ve returned the On Demand TV Device.

​​​​​​​7.3 Ending the service during the Minimum Term. If you decide to cancel your TV Service before the end of your Minimum Term then early termination charges may apply up to the amount of the remaining charges for the Minimum Term.  You must return the On-Demand TV Device (see clause 8 below). Your broadband service term will not be affected and will continue. If you give us 1 months’ notice to end the TV Service at the end of the Minimum Term and return the On Demand TV Device provided to you, then no early termination and non-return charges will apply.

​​​​​​​7.4 Ending the service after the Minimum Term. If you decide to cancel your TV Service after the end of the Minimum Term, then you must give us 1 months’ notice. The TV Service will not end until 1 calendar month after the day on which you contact us. For example, if you tell us you want to end the service on 4 February we will continue to supply the TV service until 3 March. We will only charge you for supplying the service up to 3 March and will refund any sums you have paid in advance for the supply of the service after 3 March (subject to any charges for non-return of equipment - see clause 7 below).

 

  1. Returns and Repairs

​​​​​​​8.1 When you receive the On Demand TV Device, you must inspect it and tell us of any damaged or missing items within fourteen (14) days of receipt.

​​​​​​​8.2 We will repair or replace the On Demand TV Device if it becomes faulty, unless you leave us at any time or you are responsible for the fault. You may be responsible for the fault if you: fail to follow either our or the manufacturers instructions; using the device incorrectly or negligently; changing or altering the device without our consent; and/or doing anything else which is likely to cause damage to the device. This is a non-exhaustive list and there may be other times where you will be responsible for the fault which will be decided in our reasonable discretion.

​​​​​​​8.3 If you receive a replacement On Demand TV Device, you will need to return to us the faulty device (including all relevant cables and ancillary equipment provided with it) within 14 days of receiving the new device. If you don’t return the device within 14 days, we will charge you for any non-returned device. For more information, please see our price guide for details of these charges.

​​​​​​​8.4 When this contract ends for any reason or if you wish to downgrade your Service (if applicable), you must return to us in the manner we request the On Demand TV Device we supplied to you to the following address within 14 days of the end of your contract or cancellation under clause 7.1:

 

Returns, Gigaclear Ltd, Building One, Wyndyke Furlong, Abingdon, OX14 1UQ

 

​​​​​​​8.5 We will test any returned On Demand TV Devices and if they are damaged other than through fair wear and tear, we will charge you the full replacement value and may recover those charges using your usual method of payment. For more information, please see our price guide for details on these charges.

​​​​​​​8.6 You are responsible for the costs of returning the On Demand TV Device and for ensuring that the device reaches us in good working order and is not damaged. If you don’t return the device within 14 days, we will charge you for any non-returned device. For more information, please see our price guide for details of these charges.

 

 

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