In these Terms and Conditions:
"Channel" means the "Television X" branded television channel distributed by RHF over DTT during the term of this Agreement, in accordance with these Terms and Conditions.
"Data Protection Legislation" means (1) unless and until the General Data Protection Regulation (GDPR) is no longer directly applicable in the United Kingdom, the GDPR ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time in the UK, and then (2) any successive legislation to the GDPR or the Data Protection Act 1998.
"DTT" means the Digital Terrestrial Television platform
"Service" means access to the Channel or VOD on a subscription basis subject to these Terms and Conditions.
"PBL" or “Portland” means Portland Broadcasting Limited (registered in Jersey under Company No: 77485) whose registered office is Ingouville House, Ingouville Lane, St Helier, Jersey JE2 4SG, and whose principal place of business is Cotswold House, 219 Marsh Wall, London E14 9FJ.
"RHF" or "Digibill" or "we" means RHF Productions Limited (registered in Jersey under Company No: 77483) whose registered office is Ingouville House, Ingouville Lane, St Helier, Jersey JE2 4SG, and whose principal place of business is Cotswold House, 219 Marsh Wall, London E14 9FJ.
"Subscriber", "you" or "your" means you.
Subscription Payment” means the fee paid by the Subscriber either monthly or annually (elected upon registration) for access to the Service. "Terms and Conditions" or "Conditions" means the standard terms and conditions set out in this document and any variation which will be notified to you and made available online via www.televisionx.com/terms .
"VOD" means the video on demand content distributed by RHF (or sold by RHF under licence from PBL) over the internet via streaming and/or progressive downloading in accordance with PBL’s Web Usage Terms and Conditions available online via www.televisionx.com/terms .
(i) . By registering on the Site and creating a Membership you agree to pay us the amount specified in our pricing schedule shown on the Site.
(ii) RHF may increase the subscription payment at any time by giving you 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 10. 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 your registration.
(iii) The Subscriber hereby gives RHF authority to alter the Subscriber’s direct debit instruction according to the Subscription Payments from time to time applicable to the Service.
(iv) Annual payments will be renewed automatically unless notification is received in accordance with Condition 10.
You will be able to register for, access and/or view the Service in accordance with our instructions from time to time. Such instructions may appear on the Channel or otherwise be provided to you by us or our customer services representatives. We reserve the right to change the way in which you register for, access and/or view the Service at any time.
RHF reserves the right only when necessary to substitute alternative programming to that advertised and/or to reduce the number of hours of content included in the Channel or to encrypt/decrypt the 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.
This Site and the services are provided on an "as is" and "as available" basis. We make no promise that you will be able to access the Site or that it, or the services available through it, will meet your requirements. We also make no promise that the Site or the services you receive through the Site will be fault free, uninterrupted, timely, secure or available when you want it or them.
We may occasionally restrict your access to the Site, or particular services, to make repairs, to maintain the Site or to introduce new facilities or services to the Site.
(i) RHF may offer you additional Channels. If RHF does so under these conditions and you decide to take them. RHF will notify you what additional charges, if any, will apply to these channels.
(ii) The number of Channels may be changed by us from time to 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.
(iii) You agree and understand that any products and/or services provided in addition to the Channel(s) included in your subscription 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.
(iv) By registering on the Site you will be confirming that the details you provide are correct and complete. You will also be confirming that either you are the registered owner of the credit or debit card, the details of which you provide, or that you have the permission of its registered owner to provide those details in registering on the Site. We reserve the right to cancel your Membership if this confirmation is untrue.
(v) You must inform us of any change to any details you provide immediately by emailing us at firstname.lastname@example.org.
RHF shall be under no liability under this Agreement in respect of:-
(i) any defect in the receiving equipment used by you;
(ii) 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;
(iii) 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 you 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);
(iv) termination of this Agreement in accordance with Condition 10.
You are prohibited from:-
(i) copying, redistributing or relaying the Service or any part thereof other than in your domestic home and for personal domestic use only;
(ii) selling or making any charge for viewing the Service or any part thereof.
(i) RHF may not change or add to Condition 2 and 10 except for legal, security or regulatory reasons.
(ii) RHF may not change or add to any other Condition unless it is reasonable for it to do so.
(iii) RHF will give the Subscriber at least one month’s notice of any changes or additions.
(i) RHF may terminate this Agreement at any time by giving seven day’s written notice in the event that you breach any of the Conditions of this Agreement.
(ii) If you are paying monthly, you and RHF may terminate this Agreement by giving at least one month’s written notice. For the avoidance of doubt, the term of this Agreement will automatically continue beyond the minimum period unless so terminated.
(iii) If you are paying annually, you may only terminate this Agreement, effective at the end of your current annual subscription period by giving at least one month’s notice prior to the expiry date of your current annual subscription period. For the avoidance of doubt no refund of Subscriptions Payments will be made to you for the period prior to the annual subscription renewal date.
(iv) We may terminate this Agreement at any time during or after the minimum period by giving you one month’s notice.
(v) No refund of subscription payments will be made to you where RHF terminates this Agreement according to Condition 11
(vi) Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) the Subscriber has the right to cancel this Agreement within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the Subscribers access to the Service starts. To exercise the right to cancel, the Subscriber must inform RHF of their decision to cancel this Agreement by a clear statement (e.g. a letter sent by post or email using the contact details provided above). The Subscriber may use the attached model cancellation form http://www.televisionx.com/cancellation but it is not obligatory. To meet the cancellation deadline, it is sufficient for the Subscriber to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.
(vii) If the Subscriber cancels this Agreement during the cancellation period pursuant to the Regulations,RHF will reimburse them with all payments received from the Subscriber without undue delay, and not later than 14 days after the day on which RHF is informed about the Subscriber’s decision to cancel their Membership. However, RHF shall retain an amount which is in proportion to the services that have been performed until the Subscriber has communicated to RHF their cancellation from this Agreement, in comparison with the full coverage of the Agreement. RHF will make the reimbursement using the same means of payment as the Subscriber used for the initial transaction, unless the Subscriber has expressly agreed otherwise; in any event, the Subscriber will not incur any fees as a result of the reimbursement.
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
Any notice to be given in writing under this Agreement by either party shall be deemed to have been duly served;
(i) if delivered personally, at the time of delivery;
(ii) if sent by pre-paid first or second class post, on the second clear day after the date of posting;
(iii) 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.
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.