SURE TV – TERMS AND CONDITIONS OF SERVICE

The Sure TV Service from Cable & Wireless [Jersey] Limited is an anytime television service provided exclusively via Sure Broadband services. The service enables you to watch a selection of television channels through the Sure TV software application, or Set Top Box, whilst connected to the internet through a fixed line Broadband offering from Sure.

SECTION 1 – SERVICE SPECIFIC TERMS AND CONDITIONS

These C&W Service Specific Terms and Conditions should be read in conjunction with the C&W Jersey General Terms and Conditions, the Sure Broadband Service Specific Terms and Conditions. All of which apply to this Service. Where there is a conflict the Sure TV Specific Terms and Conditions supersede all other C&W Jersey Terms and Conditions.

1. DEFINITION AND INTERPRETATION

The C&W Jersey General Terms and Conditions and the Sure Broadband Service Specific Terms and Conditions, include definitions which apply to these Service Specific Terms and Conditions. These definitions also apply in addition:

"Broadband Service Number"
means the unique number that is designated to each Direct Exchange Line

"Content"
means any information, graphics, audio, video, text or other computer files accessed through the Sure TV service.

"Direct Exchange Line"
means the telephone line through which a customer accesses the internet.

“End User Licence Agreement”
means a legal contract between a software owner, licensor, developer or vendor and the user of the software.

"IPTV"
means Internet Protocol Television. The content of IPTV is broadcast to users through an internet connection.

"Premium Content"
means Content provided through the Service that can only be accessed if You pay an additional fee or if You subscribe to a pricing plan which includes access to Premium Content.

"Permitted Territory"
means the Bailiwick of Jersey in which We permit You to use and access the Service.

"Service"
means any IPTV service provided to You by Us under these terms and conditions, including broadcast television and Video On Demand services and any software applications or devices including STB and VSTB.

"STB"
means Set Top Box, a device that enables You to access the Service via Your Television and Sure Broadband connection point.

"Sure TV"
means the IPTV Service provided by Sure to You.

"TV Licence"
means the Television Licensing system operated by the BBC.

"VSTB"
means a ‘Virtual Set Top Box,’ a software application that enables You to access the Service via your internet enabled computer.

“Video On Demand”
means a system that allows users to select video content on demand and watch it in real time

2. USE OF SERVICE

2.1
You shall ensure that any other person, persons or third parties who gain access to Content via the Service are of suitable age to view the Content available.

2.2
The Service is only available to customers who have entered into an agreement with Sure for Broadband.

2.3
You can only use the Service if:

2.3.1
You are registered to use the Service and have an active username and password.

2.3.2
You are accessing the Service from within the Permitted Territory.

2.4
You will provide us with proof of your identity if we reasonably ask you to do so from time to time

2.5
If you wish to access the Service using our VSTB application you are responsible for providing a suitable computer and any other items of hardware or communications equipment necessary to enable You to access the Service.

2.6
You shall enter into and comply with any End User Licence Agreement required to access the Service either via your use of VSTB or any other device.

2.6
If you wish to access the service using an STB, this equipment can either be rented or purchased from Us.

2.7
You undertake to use the Service in accordance with these Terms and Conditions and all other Terms and Conditions as outlined in section 1, the Price List, the Order Form and the Acceptable Use Policy and any other laws or regulations which may apply.

2.8
For customers accessing the Service via Broadband using a VSTB:

2.8.1
the Service can be accessed via no more than two computers simultaneously. The VSTB on each computer will be accessed using the same username and password.

2.8.2
You must only access the Service from the Broadband Service Number and Direct Exchange Line registered for use with the Service

2.9
You must ensure that You comply with all consumer and other legislation, instructions or guidelines issued by regulatory authorities, relevant licences and any other codes of practice which relate to the provision of Your Service and which apply to You and/or which We may inform You of.

2.10
If anyone other than You uses the Service with or without Your knowledge or approval in contravention of any of paragraphs 2.1 - 2.9 inclusive We can treat such contravention as a breach by You of this Agreement for the purposes of paragraph 14 (Default) of the C&W Jersey General Terms and Conditions, which shall apply accordingly.

2.11
You must tell us immediately if any third party makes or threatens to make any claim or issue legal proceedings against You relating to Your use of the Service and You will, at Our request, immediately stop the act or acts complained of. If We ask You to, You must confirm the details of the claim(s) in writing.

3. RESTRICTIONS ON USE

3.1
You shall not use the Service or permit any other person to use the Service:

3.1.1
if no TV Licence has been obtained for the premises of use

3.1.2
fraudulently or in connection with a criminal offence; or

3.1.3
in an unlawful manner, in contravention of any applicable legislation or licence or in contravention of our Acceptable Use Policy as may be amended by Us from time to time and which You are strongly advised to read.

3.2
You shall not permit any other person, persons or third parties to view Content via the Service, if they are not of suitable age to view the Content available.

3.3
You must not re-sell or attempt to re-sell the Service to any third party.

3.4
You are not permitted to copy, reproduce, republish, post, broadcast, transmit, retransmit, exhibit in any way other than for personal viewing or make any Content from the Service available to the public, or any other person, persons or third parties or authorise or assist any one else to do so, either via STB, VSTB, Telecommunications Equipment, Customer Premises Equipment or any other device or means.

3.5
If, following routine system administration of the Service (including without limitation server, network and security monitoring, and monitoring for unattended logins), We detect that Your use of the Service:

3.5.1
impairs the integrity of the system and/or the Telecommunications Network used to provide the Service; or

3.5.2
causes detrimental performance of the Service to You or any other customer;
We reserve the right, on giving You prior notice where practicable, to suspend Your access to the Service (without prejudice to Our right to terminate this Agreement under paragraph 6 or otherwise) until We receive assurance from You that You will not use the Service in such a manner.

3.6
Content may only be used for Your own purposes. We do not guarantee the accuracy or completeness of the Content and Your use of the Content (for whatever purpose) is at Your own risk.

3.7
Additional terms and conditions may be displayed online or elsewhere relating to particular Content (or any application provided to You as part of the Service). If You choose to access such Content and/or application You will need to comply with the terms and conditions that apply to them.

4. CHARGES

4.1
The Service is available to You free of charge unless You wish to access Premium Content.

4.2
Premium Content may be available to you under your pricing plan or you may be required to pay additional charges and or change your pricing plan. All charges and price plans can be viewed on Our Price List at www.surecw.com

4.3
You undertake to be responsible for any charges of any nature incurred by You from any third party as a result of any authorised or unauthorised use of Your login code and/or password.

4.4
You undertake to be responsible for any charges of any nature that may be incurred by Us as a result of any authorised or unauthorised use of Your login code and/or password.

4.5
You undertake to be responsible for any direct or indirect charges of any nature incurred as a result of any authorised, or unauthorised use of the Helpdesk regarding Your account for whatever reason.

4.6
You undertake to be responsible for any charges of any kind incurred as a result of using the Service. The Service must be used in accordance with the Acceptable Use Policy.

5. PAYMENT

5.1
You shall pay to Us on demand all applicable charges for the relevant Service at rates specified in Our Price List and/or Your Order.

6. CANCELLATION/ SUSPENSION / TERMINATION

6.1
We may immediately suspend or cancel your use of the Service if we consider that:

6.1.1
You have committed or may be committing any fraudulent activity against us or against any other person or organisation through your use of the Service.

6.1.2
You are in breach of paragraphs 3 and/or 11 or any sub-paragraph of those paragraphs, of these Service Specific Terms and Conditions.

Any such suspension or cancellation will be entirely at the discretion of C&W and will not in any way forfeit any of our rights to charges owed by You to C&W or any other claims or rights howsoever arising.

6.2
We may reasonably refuse any order for individual programmes or movies from our Premium Content at our discretion. We may also prevent you from viewing Premium Content at any time, if you do not pay us for the relevant content.

6.3
If We cancel, suspend, or terminate your Sure Broadband Service then you will no longer be able to access or use the Sure TV Service.

6.4
Please refer to the other C&W Terms and Conditions listed in Section 1 for other clauses relating to suspension, cancellation and termination of Sure Services.

7. SECURITY

7.1
You are responsible for the security and proper use of all user IDs and passwords used in connection with the Service (including changing passwords) and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

7.2
You must immediately inform Us if there is any reason to believe that a user ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.

7.3
We reserve the right to suspend user ID and password access to the Service if at any time We consider that there is or is likely to be a breach of security or misuse of the Service.

7.4
We reserve the right (at Our sole discretion) to require You to change any or all of the passwords used in connection with the Service

7.5
If You forget your password or username then please go to www.surecw.com and follow the link and instructions to our support site.

7.6
You confirm and warrant that all the information supplied by You when You register on-line for the Service is true, complete and accurate in all respects.

8. INFORMATION AND PERMISSIONS

8.1
You confirm that in respect of the Service:

8.1.1
We may install and keep the Service and Telecommunications Equipment at the Premises and have reasonable access to it; and

8.1.2
You have obtained all permissions, licences and consents from third parties that are necessary or desirable for the supply of Service until its removal.

9. ACCESS TO PREMISES

You shall let Us or Our representatives enter Your Premises for the purpose of installing, maintaining or removing the Service as long as We show You our identity badge. We will meet Your reasonable requirements for the safety of people on Your Premises

10. LIABILITY

10.1
We exclude all liability for Content. However We reserve the right to remove any Content, if We reasonably believe that there may be a breach of this Agreement, any applicable law or regulation or any third party rights.

10.2
We exclude all liability for Your use of the Service and any other person, persons or third parties who access the Service through Your account.

10.3
The Helpdesk is provided as a technical support facility and We do not guarantee that the advice provided by the Helpdesk will necessarily resolve Your query. Neither the Helpdesk nor C&W are liable whether in Agreement, tort (including liability for negligence) or otherwise for any failures of any networks, equipment, software or applications which may be affected as a result of implementing recommendations advised by the Helpdesk.

10.4
The Service is variable. We reserve the right to alter the content, presentation of and/or the facilities available on the Service from time to time without giving you notice. Some of the content on the Service is provided by third parties and we do not accept any responsibility for such content or its availability.

10.5
We aim to provide a continuous, high-quality service but we do not guarantee either the quality of the service or that the service will be available at all times. From time to time faults in the service may occur. We will repair these faults as soon as we can

10.6
You shall indemnify C&W against all claims, liabilities, costs, losses and expenses which may be made or asserted by any person, persons or third parties that use the Service through your account.

10.7
You agree that C&W shall have no liability whatsoever for Your use of the Service provided. You shall indemnify and hold harmless C&W from any claims, damages, liabilities, costs and fees (including, reasonable legal fees) arising from Your use of the Service (including, any use which infringes the rights of any other person or entity) as well as from Your failure to comply with these Service Specific Terms and Conditions and any other term or condition of this Agreement.

10.8
We do not accept liability for any disruption, loss and or damage to Your data, PC or Macintosh that may occur while You are using: (i) the installation application that We supply to You, (ii) the Service

10.9
Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.

11. COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY

11.1
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Service will remain ours or, where applicable, our content partners. We hereby grant you a licence to use such rights for your personal use of the Service only, in accordance with this Agreement.

11.2
You will not assist or facilitate any third party to:

11.2.1
copy, publish, rent, reproduce, transmit, distribute, exhibit in any way, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit any Content, STB, VSTB software or any material or content you download from the Service;

11.2.2
sell or make any charge for watching or using any part of the Service;

11.2.3
show any part of the Service in public to an audience, even if no charge is made.

11.3
We may prevent the copying of any part of the Service.

12. TELECOMMUNICATIONS EQUIPMENT

You are responsible for any Telecommunications Equipment and/or STB that We provide at Your Premises and for its safe and proper use. You must not interfere with it nor let anybody else do so, unless authorised by Us. If any part of Our Telecommunications Equipment is lost, destroyed or damaged, apart from fair wear and tear, You will be charged for its repair or replacement.

12.1
We may provide You with a Set Top Box (STB) to access the Service. The STB becomes Your property when You take the STB as a standalone purchase – for rental agreements the STB remains property of C&W at all times. Risk shall pass to You on delivery. We will be responsible for any repairs to the STB during the warranty period and reserve the right to replace it with a new STB at Our sole discretion, however:

12.1.1
Our standard warranty excludes damage caused by lightning or any other events of force majeure; normal wear and tear; improper and negligent use; third party interference (including hacking or any form of toll fraud, rogue dialling or other forms of fraud that causes Your Customer Premises Equipment (including the STB) to incur charges that You are not aware of); use with products not specified to work with the Customer Premises Equipment (including the STB).

12.1.2
We do not give any warranty that the provision of the Customer Premises Equipment (including the STB) provided as part of the Service is fit for any particular purpose or will interface with any other Customer Premises Equipment nor support any particular software.

13. GENERAL TERMS AND CONDITIONS

You should refer to the C&W General Terms and Conditions for additional clauses under each of the above headings and in particular for the following:

Provision of service/Special provision of service/Fault repair
Relocation and reconfiguration/Term of service/Temporary Service
Interconnection/Deposits and Payments in Advance Default
Call Monitoring and Recording/Information and Permissions/Confidentiality
Complaints and Arbitration/Assignment/Copyright
Duration/Entire Agreement/Indemnity Law
Matters Beyond Reasonable Control/Notice/Use of Information
Severability/Variation/Waiver

Sure reserve the right to alter the Service at anytime – this includes the addition/removal of Content, channels and features available within the Service.

SECTION 2 – SERVICE LEVEL AGREEMENT

FAULT REPAIR

We will provide You with a working service although We cannot guarantee that it will always be Fault free. We will take one or more of the following actions in response to a reported Fault:

Provide advice and assistance by telephone and/or email;

Carry out tests and diagnostics on the Service;

Visit a point on Our Telecommunications Network; or

Visit Your Premises.

We will respond to a reported Fault in Service within the time periods shown below.

STANDARD REPAIR SERVICE

Fault reporting and assistance 24 hours a day via Our Contact Centre on 0808 10 15 247. Fault cover Normal Working Hours 08.00 to 17.00 Monday to Friday (excluding public/bank holidays). Fault clearance Service restoration within 2 working days.

Where We fail to meet the target Service restoration time You may be able to claim compensation under the Consumer Code of Practice. We will not be liable for delivery failure where it is for a reason beyond our reasonable control or if You request a later Service restoration time.

If We respond to a reported Fault and find there is none, then a charge will be made at the applicable hourly rate. If We agree to attend a reported Fault in Service outside Normal Working Hours then You will be charged at the applicable hourly rate.