Sky packages - Sky TV, Sky Talk and Sky Broadband

SKY TALK Terms and Conditions

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

What is Sky Talk?

Sky Talk is a home telephone calls service.

To receive Sky Talk, you must have an active Sky digital subscription ("Sky TV") under a Sky TV subscription contract and a BT compatible phone line. You will need to continue to pay a BT compatible line rental provider for line rental.

When may my service be restricted or end?

If your Sky TV viewing is restricted or ends under the terms of your Sky TV subscription contract, your Sky Talk service will also be restricted or will end. Your Sky Talk service may also be restricted or end if you breach our Acceptable Use Policy under Condition 2 or in the circumstances set out in Conditions 7 and 8. We will notify you before this happens, unless we reasonably believe that your service is being used for unlawful or improper purposes.

If this happens you may not be able to make or receive all calls through Sky Talk.

How much does Sky Talk cost?

The Sky Talk packages, fees and call rates applicable from time to time may be viewed on our website (www.sky.com/skytalk) or by calling Sky Talk Customer Services on 08442 410 499. Rates set out on our website take precedence over any rates shown in other generic Sky Talk marketing material.

UK call rates apply to UK landline numbers, excluding calls to the Channel Islands, premium rate and non-geographic numbers.

How much notice will I get if you increase prices?

We will give you at least 30 days notice of any increase in the price of your Sky Talk calls package, unless the price increase results from you changing your service or is required for legal or regulatory reasons. We will also give you 10 working days notice if the percentage savings on international and mobile call rates compared to the relevant BT rate decreases or if we increase the price of any UK landline call rates. We will notify you of any other price increase if we believe it is likely to significantly disadvantage you.

If you are not the payer of your Sky Talk bill, you should notify the payer of any notice of price increase we send you.

Will I be accepted as a Sky Talk customer and how will you manage my account?

You may not be accepted if you owe us any money or your credit score is unsatisfactory, or if you do not pay your Sky TV subscription by direct debit or credit card payment mandate. We can administer your account as we believe reasonable depending on the result of that or any future scoring. This may include applying different payment terms to your account. We may use information from, or supply information to, outside agencies for credit assessment purposes. We will also use reasonable practices to set a call spend limit on your Sky Talk account. Details of your call spend limit are available from Sky Broadband S.A. ("Sky") or its agents on request.

Calling Sky

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

If you experience problems making calls using Sky Talk, you should contact Sky Customer Services on 08442 410 499.

By subscribing to the services offered by Sky you are agreeing that the information and personal data you provide to it and information about your Sky account ("Data"), may be used for the following purposes: execution of this contract; administration of your Sky Talk account (including transferring Data with 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 without limitation for use in making credit decisions, for fraud prevention and to pursue debtors.

You also expressly agree that:

1. Sky Subscribers Services Limited;
2. British Sky Broadcasting Limited;
3. Easynet Telecommunications Limited;
4. News Optimus Limited; and
5. Sky In-Home Service Limited

(together the "Group Companies") may receive and use the Data for administration of your Sky Talk account, the marketing of their respective products and services and market research.

Marketing by Sky and the Group Companies may include sending you information by 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 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 by email or SMS, or that you don't want us to share Data with companies outside the Group Companies, or if you wish to obtain access to your Data, please call Sky Customer Services on 08442 41 41 41.

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

Here are the detailed Conditions of Sky Talk:

These are the Terms and Conditions ("Conditions") under which Sky's home telephone calls service ("Sky Talk") will be provided to you.

This contract is with Sky Broadband S.A. ("Sky"), which is responsible for providing Sky's telephone services to you. Sky Subscribers Services Limited ("SSSL") provides customer services in relation to Sky Talk as an agent for Sky. Sky may contract with British Sky Broadcasting Limited ("BSkyB Ltd") or other BSkyB group companies to provide Sky Talk to you. 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 41 41 41.

1Sky Talk and who can get it

1.1You are only eligible to receive Sky Talk while you have an active residential Sky TV subscription. You can only have Sky Talk on one line in your home unless we tell you otherwise.

1.2Sky Talk will be provided in your home where your Sky TV subscription is received ("Address"). This address must be in England, Scotland, Wales or Northern Ireland. You must be the Sky TV account holder. You must also be the account holder for your household's existing telephone service or be authorised by the account holder to register for Sky Talk.

1.3Sky Talk is not available to:

• (a) customers who do not pay for their Sky TV subscription by direct debit or continuous credit card payment mandate;
• (b) customers registered with BT's Light User scheme; or
• (c) customers with outgoing call barring or any other incompatible product on their telephone line.

1.4 You must have a BT (British Telecommunications plc) compatible line in your home (a telephone line owned by BT).

1.5 You must continue to take line rental from a compatible line rental provider.

1.6On receipt of your application for Sky Talk, and provided you are eligible, we will make an application to BT to switch your chosen telephone services to Sky Talk. If BT is able to validate your application then we will notify you in writing of the estimated activation date for your Sky Talk service. If you have an existing BT line, this normally takes 10 working days from the date when the order is accepted by BT. If BT is unable to make the switch for any reason we will contact you.

2 Using Sky Talk and our Acceptable Use Policy

2.1 Sky Talk is for your household's own private domestic use and is not for use for any commercial or business purpose. You are responsible for all calls made using Sky Talk at your Address, whether or not they are made by you.

2.2 If your use of 'unlimited', 'free' or 'no charge' calls provided as part of your Sky Talk Calls package exceeds that reasonably expected of a person using the service for domestic purposes, we may:

• (a) restrict your calls service; and/or
• (b) charge you Sky Talk's standard rates for any calls exceeding those reasonably expected of a person using this service for domestic purposes.

We will inform you before we start charging you our standard rates.

2.3You must ensure that your Sky Talk service is not used for any unlawful or improper purpose, such as:

• (a) the making of hoax calls or communicating false information or information you believe to be false;
• (b) the making of calls which are defamatory, offensive, abusive, obscene, menacing, threatening or otherwise made for the purpose of causing annoyance, inconvenience or anxiety to another;
• (c) fraudulently or in connection with a criminal offence; or
• (d) otherwise in a manner which is in breach of any applicable legislation or regulations or the rights of any other party.

2.4We 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 Talk by you or anyone you have allowed to use Sky Talk

3Equipment and Faults Affecting Sky Talk

3.1 You must ensure that any equipment which you use in connection with Sky Talk is in good working order and conforms at all times to all applicable regulations and laws. You agree to provide us with information about your equipment that we reasonably request. We will not provide you with a telephone handset or other equipment for use with Sky Talk.

3.2If you experience problems making calls, you should contact Sky Customer Services on 08442 410 499.

3.3 If we determine there is a fault with your line or the connection, you will need to contact your line rental provider. You will remain responsible for all charges made by your line rental provider relating to your telephone line and connection (together with any repair, maintenance and service charges) unless caused by our fault or neglect.

4Payments and Billing

4.1You will usually be billed on a monthly basis for any monthly fees and calls which carry a charge and that are made using Sky Talk. We may bill you in advance for any monthly charges associated with your Sky Talk service, and charges from an earlier period may appear on a later bill.

4.2 Your bill will be provided to you in the same way as your Sky TV bill. This is usually via the Sky Customer Service zone on Sky's interactive service, accessible via your set-top box. Paper statements are available on request. Payment of your Sky Talk bill will be collected at the same time and under the same instruction as your Sky TV subscription payment (and you agree we may change that instruction for this purpose). You acknowledge that any payments you make will be applied to the full set of Sky services you receive.

4.3We will use reasonable practices to set a call spend limit on your Sky Talk account. Your call spend limit may vary from time to time. Details of this limit are available from Sky on request. If you exceed this limit you remain liable for all charges. We may also change your payment terms if we consider it reasonable.

4.4We may alter your Direct Debit or credit card instruction if the price of your Sky Talk calls package changes for any reason. We may also charge any other payment due under this contract under your Direct Debit or credit card instruction together with any other payments which you agree we may charge under that instruction.

4.5Some calls may not be carried by Sky Talk (e.g. reverse charge calls, some calls to directory enquiries, calls made to emergency numbers and some internet calls). These calls will be automatically routed via your line rental provider and may appear on your line rental provider's bill.

5Price and Package Changes

5.1We will give you at least 30 days notice of any increase in the price of your Sky Talk calls package, unless the price increase results from you changing your service or is required for legal or regulatory reasons. We will also give you 10 working days notice if the percentage savings on international and mobile call rates compared to the relevant BT rate decreases or if we increase the price of any UK landline call rates. We will notify you of any other price increase if we believe it is likely to significantly disadvantage you.

5.2We may also increase the price of your Sky Talk calls package if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects you directly or our pricing structure generally.

5.3We may offer a number of different Sky Talk calls packages from time to time. We will give you at least 10 working days notice if we change your package and this affects your Sky Talk charges. We will also give you at least 10 working days notice if we withdraw your package and unless you tell us otherwise, we will move you on to the nearest equivalent package.

5.4Unless we agree otherwise, you must remain on and pay for your chosen Sky Talk Calls package for at least 30 days (unless this contract is terminated before the end of the 30 day period).

6Moving Home

6.1If your address or telephone number details change, you will need to contact Sky Customer Services on 08442 41 41 41. If your address details change you may need to have your existing Sky Talk account cancelled and re-apply for a new Sky Talk account covering your new details.

7 Restricting and Ending your Service

7.1 We may take immediate action to restrict or end the provision of Sky Talk without notice if:

• (a) we reasonably believe that your Sky Talk service has been used in a way which is prohibited under Condition 2.3;
• (b) we are required to by law or to comply with an order, instruction or request of any government body, emergency service organisation or other competent authority;
• (c) we are required to comply with the reasonable instructions of our telecommunications carrier or supplier for reasons of health, safety or quality of the service;
• (d) you do anything (or allow anything to be done) which we reasonably believe may damage the operation or jeopardise the security of Sky Talk;
• (e) you have provided unauthorised payment or other details or we have reasonable grounds to suspect fraud, attempted fraud or any other unauthorised activity; or
• (f) you are or become ineligible to receive Sky Talk or are unable for any reason to connect to Sky Talk (other than as a result of any fault of ours).

7.2We may also restrict the provision of your Sky Talk service without notice if you have exceeded the call spend limit of your Sky Talk account.

7.3We can restrict or end the provision of Sky Talk on giving reasonable notice to you if:

• (a) your Sky TV subscription is suspended or ends, unless it is ended at your request, in which case your Sky Talk service will end automatically at the same time without notice;
• (b) you have missed any payments that you owe to us for Sky Talk or any other Sky products or services;
• (c) you or anyone you authorise to deal with your account acts in a way towards our staff or agents which we reasonably consider to be inappropriate; or
• (d) you break any of the Conditions of this contract.

7.4We may restrict or end your Sky Talk service if our ability to continue to provide Sky Talk to you is materially and adversely affected because:

• (a) any of our telecommunications carrier(s) or supplier(s) ceases to provide services to us; or
• (b) any authorisation required by us expires or is revoked or modified.

We will use all reasonable endeavours to provide you with notice before your Sky Talk service is restricted or ends under this Condition 7.4.

7.5We may also restrict your Sky Talk service if it is proportionate to do so for the purpose of carrying out maintenance, technical repair, enhancement or emergency work. We will try to minimise the impact of this on your use of Sky Talk. Where possible, we will give you notice before any restriction of your Sky Talk service and we will restore Sky Talk to you as soon as reasonably practicable.

7.6If we consider it to be reasonable, we may temporarily restrict your ability to make premium rate and international calls where we notice unusual call patterns.

7.7If we restrict or end the Sky Talk service under any of Conditions 7.1(a), (d), (e), (f), 7.2, or 7.3, you may be required to reimburse us our costs and expenses reasonably incurred in restricting/ending the Sky Talk service and/or recommencing it or any part of it.

7.8If your Sky Talk service is restricted or ends you agree to pay all Sky Talk charges incurred at your Address. You also agree to pay any reasonable costs, losses and expenses incurred by us if you have broken these Conditions.

7.9We promise to act proportionately in exercising any of our rights under this Condition 7.

8Ending this contract

8.1If your Sky Talk service ends for any reason under Condition 7, this contract shall end automatically at the same time.

8.2You may end this contract by giving 7 days written notice if we have broken any of the Conditions.

8.3Otherwise, you or we may end this contract at any time by giving the other 30 days notice.

8.4 When this contract ends, you will need to make arrangements to switch to an alternative telephone service provider if you want to continue receiving a full telephone service. There is no obligation to wait until the end of any notice period to switch to another telephone service provider. During any notice period Sky Talk will continue to be available unless your service has been restricted or ends under Condition 7. However, we may restrict your ability to make premium rate and/or international rate calls using Sky Talk during any notice period.

8.5If this contract ends before you have switched to a new telephone service provider, you may still be able to make calls to Sky through Sky Talk which you will have to pay for. You may also be able to make other calls through your line rental provider.

9What we are not liable for

9.1We will not be liable to you (or any other person whom you allow to use Sky Talk) under this contract, for:

• (a)the act of restricting or ending your Sky Talk service in accordance with Condition 7;
• (b) any delay or failure by us to provide any element of Sky Talk 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;
• (c) any loss or damage caused by Sky Talk, us or any of our respective officers, employees 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 or agents;
  • (ii) such loss or damage is not a reasonably foreseeable result of any such breach; or
  • (iii) any increase in such loss or damage results from breach by you of any term of these Conditions.
• (d) any loss or damage caused by Sky Talk, us or any of our respective officers, employees or agents to the extent that such loss or damage results from any breach by you of these Conditions;
• (e) any loss or damage caused by unauthorised use of Sky Talk;
• (f) any loss of business, contracts, profits, anticipated savings, reputation, or revenue;
• (g) any calls made through an alternative telephone service provider;
• (h) any loss or damage resulting from your failure to connect to Sky Talk that was not caused by us, our employees or agents or our suppliers;
• (i) any loss or damage of Sky Talk due to a fault in the equipment or telephone line you use to make calls; or
• (j) any failure of monitored safety, security or other alarm systems due to incompatibility with Sky Talk, or due to the restriction or ending of Sky Talk, or any other reason which is not due to our fault or neglect.

9.2If you have a monitored safety, security or other alarm system in your home, you will need to check with your system provider that the system is compatible with Sky Talk.

9.3As SSSL and News Optimus Limited are acting as agents for Sky, SSSL, News Optimus Limited and each of their officers, employees and agents have no liability to you or any other person who you allow to use Sky Talk.

10 How this contract can be transferred and third parties

10.1We 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.

10.2This 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 10.1.

11 Provision of information and consent to use

11.1You authorise us and BSkyB Ltd to act on your behalf in all dealings with BT, Thus plc ("Thus") or any other network operator in connection with the provision of Sky Talk to you and you consent to BT, Thus or any other network operator receiving and using your Data for the administration of your Sky Talk account, and providing us or any of our agents with your Data and other relevant information to enable Sky Talk to be provided to you.

11.2You authorise us and our selected supplier(s), agent(s) and/or telecommunications carrier(s) to route your call as may be reasonably determined to provide you with Sky Talk and to administer Sky Talk services.

11.3You agree to provide us (or any person we authorise to collect it on our behalf) with any information we or our selected supplier(s), agent(s) and/or telecommunications carrier(s) reasonably require to provide Sky Talk to you and to administer Sky Talk services. We and our selected supplier(s), agent(s) and/or telecommunications carrier(s) will hold and process information obtained about you as a result of providing you with the Sky Talk service.

12 Changes to Sky Talk and these conditions

We may change or add to these Conditions at any time by giving you at least 30 days notice. This right will not be used to change the terms of any special offer which applies to you and you have accepted during the term of the offer.

13 How notices will be given

13.1If we give you any notice that is required under this contract, it must be in writing or on your Sky Talk statement. If we send you a notice with any other document, the notice will be on a separate sheet of paper and will be clearly marked.

13.2Unless otherwise stated, if you give us any notice that is required under this contract it should be by calling 08442 41 41 41 or such other number we notify to you for this purpose, or in writing to PO Box 43, Livingston, West Lothian EH54 7DD.

14 Disputes

If you have a complaint or query regarding your Sky Talk service, you should follow our complaints procedure as set out in our Services Code of Practice which can be found on our website at www.sky.com/skytalk or by calling Sky on 08442 410 499.

15 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.

16 General

16.1If any provision of this contract is found to be invalid or unenforceable, the remaining Conditions will continue to apply.

16.2If either party fails to exercise a right they may have under these Conditions, it does not mean that right is waived.

GROUP COMPANY DETAILS

British Sky Broadcasting Limited (Registration No. 2906991), Sky-In-Home Service Limited (Registration No. 2067075), Sky Subscribers Services Limited (Registration No. 2340150), Easynet Telecommunications Limited (Registration No. 2883980) and News Optimus Limited (Registration No. 2927001) are direct or indirect subsidiaries of British Sky Broadcasting Group plc (Registration No. 2247735). British Sky Broadcasting Limited, Sky-In-Home Service Limited, Sky Subscribers Services Limited and News Optimus Limited are all incorporated in England and Wales and share the same registration office at Grant Way, Isleworth, Middlesex TW7 5QD. Easynet

Telecommunications Limited is incorporated in England and has its registration office at 44-46 Whitfield Street, London, W1T 2RJ.

Sky Broadband S.A. Société Anonyme. 23 Avenue Monterey, L-2086 Luxembourg R.C.S Luxembourg B-118.641.