THE ULTIMATE PACKAGE – TERMS AND CONDITIONS
By ordering and/or receiving the Service offered by us on a subscription basis, you acknowledge that you agree and accept these terms and conditions (the “Terms and Conditions“). The Ultimate Package is offered by RHF Productions Limited.
References to “RHF“, “we” or “us” in these Terms and Conditions refer to RHF Productions Limited, First Floor, Orviss House, Queen Street, St Helier, Jersey JE2 4WD.
1. Definitions
In these Terms and Conditions:
“Channels” means “Red Hot” branded television channels and/or WebTV content broadcast or distributed by RHF, and the “Television X” or “TVX” branded television channels and/or WebTV content broadcast or distributed by RHF under licence from Portland Enterprises (CI) Limited as may be included by RHF in the “Ultimate Package” from time to time during the term of this Agreement, subject to change in accordance with these Terms and Conditions.
“DigiBox” means an authorised satellite decoder using British Sky Broadcasting Limited’s digital conditional access (encryption) system.
“Service” means access to the Channels on a subscription basis subject to these Terms and Conditions.
“Subscriber” or “you“. means you.
“Viewing Card” means the card or cards which will allow you, the Subscriber, to receive this Service when used with a Digi Box. You will only be entitled to one Viewing Card under this Agreement.
“WebTV” means internet-based content distributed by RHF (or distributed by RHF under licence from Portland Enterprises (CI) Limited) via progressive downloading in accordance with the Web Usage Terms and Conditions of RHF (or Portland Enterprises (CI) Limited as the case may be).
2. Subscription Payments
2.1. Subscription payments for the Service shall be paid by the Subscriber to RHF on a monthly or annual payment basis by means of the payment method selected by the Subscriber. To subscribe to the Service you must first be registered with us. Unless we otherwise inform you it will be necessary for you pay a one-off non-refundable registration fee (of an amount notified to you at the time of your first registration) which will be payable by you with the first subscription payment due under this Agreement.
2.2. RHF may increase the subscription payment at any time by giving the Subscriber one month’s notice. For Subscribers paying annually RHF may increase this subscription payment only once in each year. In the case of Subscribers paying monthly, RHF may increase the subscription payment only once in the minimum period set out in Condition 12. In both cases that increase will not be more than the greater of (a) 12.2% or (b) the increase in the Retail Price Index over the twelve months before RHF implements the price increase. No such price increase will be made during the first 60 days from validation of the Subscriber’s first Viewing Card. The Subscriber hereby gives RHF authority to alter the Subscriber’s direct debit/credit card instruction according to the subscription payments from time to time applicable to the service.
2.3. Annual payments will be renewed automatically unless notification is received in accordance with Condition 12.
3. Programming
RHF reserves the right only when necessary to substitute alternative programming to that advertised and/or to withdraw any Channel or reduce the number of hours of content included in any Channel or to encrypt/decrypt any Channel from time to time. RHF agrees to use all reasonable endeavours to ensure that such changes to the current service shall be kept to a minimum.
4. Extra Channels and Promotions
4.1. RHF may offer the Subscriber additional channels. If RHF does so under these Terms and Conditions and the Subscriber decides to take them RHF will notify the Subscriber what additional charges, if any, will apply to these channels.
4.2. The number of Channels may be increased or decreased from time to time, and we reserve the right to reduce the number of Channels to one at any time. We shall use reasonable endeavours to inform you of the same in advance which may be by advertising on air, on the internet and / or in the press.
4.3. You agree and understand that any products and/or services provided in addition to those included in the “Ultimate Package” as special promotional items, are provided on the basis originally as advertised, subject to availability, and may be removed, amended, or substituted for similar products and/or services by RHF in its sole discretion at the end of the advertised period of such promotion, or whenever necessary at any other time.
5. Your Viewing Card
5.1. 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. The Viewing Card remains the property of Sky Subscribers Services Limited (“SSSL”) (as agent for British Sky Broadcasting Limited). If RHF/SSSL asks you to, you must return the Viewing Card after this Agreement comes to an end or if RHF/SSSL requires you to return it when it sends you a replacement.
5.2. Only you may use the Viewing Card which RHF/SSSL sends you. You can only use the Viewing Card at your Address with the Digi Box in which it is first used to receive the Service and you must only use it for private viewing purposes. You must not use it in a hotel, motel, pub or other licensed premises or in any club or similar place (see also Clause 9).
5.3. If you give your Viewing Card to anyone else RHF/SSSL can make it invalid.
5.4. You must not tamper with the Viewing Card or use it for anything RHF/SSSL do not authorise.
5.5. In order to continue to receive the Service without interruption, your Viewing Card must be kept in your Digi Box at all times and you will need to keep the Digi Box connected to a mains supply and suitable satellite dish and in standby mode while not in use. You must allow RHF/SSSL to update the software in your Digi Box by sending additional signals via satellite to your Digi Box. The software in your Digi Box remains SSSL’s property.
5.6. RHF/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.
5.7. If your Digi Box is connected to a telephone line information may be passed from it to us and vice versa by telephone. We will give you at least one month’s notice if you must pay for the necessary telephone charges.
6. How Long is the Card Valid for?
6.1. For security reasons your Viewing Card will be replaced from time to time. We will try to send you a new Viewing Card before the old one becomes invalid. We will advertise (either on air or in Sky’s satellite television magazine or in writing) when Viewing Cards are to be replaced.
6.2. RHF may make the Viewing Card invalid if it is necessary to protect the security of the conditional access system or if we believe you are using the Viewing Card in ways which we have not authorised, or where it is otherwise reasonable for us to do so.
6.3. If you have missed any payments you owe to RHF we can suspend the Service without giving you notice by making your Viewing Card invalid. This does not affect RHF’s right to end this Agreement under Condition 12 below.
7. Data Protection
By agreeing to these Terms and Conditions you also agree and understand RHF’s Privacy Policy as published on our website, www.redhottv.co.uk, and where relevant the Privacy Policy of Portland Enterprises (CI) Limited as published on www.televisionx.co.uk.
8. Lost, Stolen or Malfunctioning Viewing Cards
8.1. If your Viewing Card is lost, stolen or damaged, you must tell us immediately either by phoning 0871 271 3505 or by writing to RHF Productions Limited, c/o PO Box 682, Kirkcaldy, Fife, KY2 6WN. We can charge you the cost of replacing your Viewing Card if it is lost, stolen or damaged.
8.2. If your Viewing Card does not work, you must also tell us. If you return it, we will replace if free of charge if it had a defect when it was supplied to you. If the card is faulty or damaged in any other way or you do not return the faulty Viewing Card we can charge you the cost of replacing it. We will make invalid any Viewing Card that you tell us does not work and is replaced.
9. Liability
RHF shall be under no liability under this Agreement in respect of:
9.1. any defect in a Digi Box and/or other receiving equipment used by the Subscriber;
9.2. any defect in a Viewing Card attributable to any unauthorised use of or tampering with the Viewing Card, negligence by the Subscriber or failure to follow RHF’s user instructions;
9.3. any use of a Viewing Card with any decoding apparatus not authorised by RHF;
9.4. any failure or delay in its performance of this Agreement (including but not limited to the provision or suspension of the Service or any part thereof) attributable to any cause outside its reasonable control;
9.5. any loss or damage caused by RHF or any of RHF’s officers, employees, or agents, where: (a) There is no breach of a legal duty of care owed to the Subscriber by RHF or any of RHF’s officers, employees, or agents, or (b) such loss or damage is not a reasonably foreseeable result of any such breach (which includes but is not limited to loss of profits);
9.6. termination of this Agreement in accordance with Condition 12.
The Subscriber is prohibited from:-
10.1. copying, redistributing or relaying the Service or any part thereof other than in the Subscriber’s domestic home and for personal domestic use only;
10.2. selling or making any charge for viewing the Service or any part thereof.
11. Variation in the Conditions
11.1. RHF may not change or add to Conditions 2 and 12 except for legal, security or regulatory reasons.
11.2. RHF may not change or add to any other Condition unless it is reasonable for it to do so.
11.3. RHF will give the Subscriber at least one month’s notice of any changes or additions.
12. Termination
12.1. Subject to Conditions 12.2 and 12.4 below, this Agreement shall remain in force for a minimum period of 12 months from the first date the Service is supplied to the Subscriber.
12.2. RHF may terminate this Agreement at any time by giving seven days’ written notice in the event that the Subscriber breaks any of the terms of this Agreement.
12.3. In the case of monthly subscribers only, both the Subscriber and RHF may terminate this Agreement by giving at least one month’s written notice (in accordance with Condition 14) at least one month prior to the end of the minimum subscription period of 12 months. For the avoidance of doubt, the term of this Agreement will continue beyond the minimum 12 month period unless so terminated.
12.4. In the case of Subscribers paying annually both the Subscriber and RHF may terminate this Agreement only by giving at least one month’s notice to RHF prior to the expiry of the first or any subsequent subscription renewal date. Termination will be effective from the end of the annual subscription period. For the avoidance of doubt no refund of subscriptions payments will be made for the period prior to the renewal date.
12.5. RHF may invalidate any Viewing Card remaining in the Subscriber’s possession following termination of this Agreement.
12.6. No refund of subscription payments will be made to the Subscriber where RHF terminates this Agreement according to Condition 12.2 above, or where the Subscriber purports to terminate this Agreement prior to the expiry of the minimum period of 12 months from validation of the first Viewing Card supplied.
12.7. The Subscriber’s right to cancel this Agreement pursuant to the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”) can be lost in certain circumstances depending on the date the Service is first supplied to the Subscriber. If the Subscriber receives these Conditions in a durable format (including by post, email or fax) either prior to or on the same day as the Service is first supplied to the Subscriber, and the Subscriber agrees that the provision of the Service should start earlier than seven working days after the conclusion of this Agreement, then the Subscriber will lose his/her right to cancel pursuant to the Regulations. If, on the other hand, the Subscriber receives these Conditions in a durable format (including by post, email or fax) after the day the Service is first supplied to the Subscriber, the Subscriber will have the right to cancel this Agreement pursuant to the Regulations for a period of seven working days beginning on the day following receipt of these Conditions in a durable format (including by post, email or fax).
13. Transfer of rights and obligations
This Agreement is personal to you and you may not assign or transfer to any other person any of your rights or obligations under the Agreement. We may be required to transfer some or all or our rights or obligations under this Agreement to a third party (“the transferee”) in connection with a reorganization of our business. You now give your consent in advance to any such transfer. In consideration of your consent, we shall ensure that you are notified of any proposed transfer as soon as practicable before or promptly after the transfer has taken place; and the transferee shall be able to provide the same quality and type of service that you currently receive from us under this Agreement. The effect of any transfer will be to ensure that the relevant rights and obligations under this Agreement are enforceable against or by the transferee, in place of RHF.
14. Notices
Any notice to be given in writing under this Agreement by either party shall be deemed to have been duly served:
14.1. if delivered personally, at the time of delivery;
14.2. if sent by pre-paid first or second class post, on the second clear day after the date of posting;
14.3. if sent by fax or email, at the time of transmission by the sender, to the postal address, fax number or email address of the other party, stated overleaf, or to such other address, fax number or email address which such other party may supply in writing to the Sender.
15. Geographical Status
Your order for the Service and/or this Agreement may be cancelled or terminated by RHF if you are not resident in the United Kingdom of Great Britain and Northern Ireland, the Republic of Ireland, the Channel Islands and the Isle of Man.
These Conditions and this Agreement are governed by English Law and the English courts shall have exclusive jurisdiction.
