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.
"DTT" means the Digital Terrestrial Television platform
"Service" means access to the Channel on a subscription basis subject to these Terms and Conditions.
"RHF" means RHF Productions Limited, a company registered in Jersey, under company number 77843 , RHF's registered office is 18 Esplanade, St Helier, Jersey, JE4 8RT and its main trading address is Northern & Shell Tower, 4 Selsdon Way, Crossharbour, London E14 9GL. RHF can be contacted at the following email address: email@example.com and the following phone number 0371 244 0507
"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.
(i) Subscription Payments for the Service shall be paid by you to RHF on a monthly or annual payment basis by means of direct debit. To subscribe to the Service you must first be registered with us. Unless we otherwise inform you, in order to register 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 registration) which will be payable by you with the first subscription payment due under this agreement. Unless otherwise notified by us, such fee shall apply to the Service only, and not for any other service(s) supplied by us to you (including any access to the Channel on a PPN or other basis).
(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.
(i) 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.
(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.
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.
We shall not be liable to you under these Terms and Conditions if you are unable to access to the Channel(s) (or part thereof) as a result of
(a) reasons outside our reasonable control and/or
(b) any fault in your Digibox or Viewing Card, whether or not caused by you, and/or
(c) your use of a Viewing Card with any decoding apparatus not authorised by us. In addition, we shall not be liable to you in any circumstances in contract, tort (including negligence or breach of statutory duty) or otherwise for any indirect or consequential loss.
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.
9.1 Transfer of this agreement:
(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) When you register for the Service then subject to Conditions 10 (ii), (iv) and (v) below, this Agreement shall remain in force for a minimum period of 12 months from the first date the Service is supplied to you.
(ii) 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.
(iii) If you are paying monthly, you and RHF may terminate this Agreement by giving at least one month's written notice (in accordance with condition 12) 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 automatically continue beyond the minimum 12 month period unless so terminated.
(iv) 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.
(v) We may terminate this Agreement at any time during or after the minimum period by giving you one month's notice.
(vi) No refund of subscription payments will be made to you where RHF terminates this Agreement according to Condition 10 (ii) above, or where the Subscriber purports to terminate this Agreement prior to the expiry of the minimum period of 12 months from date of registration.
(vii) 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 http://www.televisionx.com/cancellation form 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.
(Viii) 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