Terms and Conditions For Pay Per View (PPN)

These are the Terms and Conditions (the “Terms and Conditions”) that you will need to abide by in order to buy programmes offered by RHF, on a pay per night or pay per view basis. 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

“Channels”: Any television channel(s) broadcast by RHF Productions Limited for which you have registered. The number of channels may increase or decrease. “Conditions”: The conditions in the Terms and Conditions and any amendments we make to them. “Digibox”: Your satellite television receiver. “PPN Buy”: Access to the Channel(s) broadcast over DTH satellite by RHF which is offered to you on a pay-per-night (PPN) basis ie a single continuous period between the hours 22:00 to 05:30 GMT. “Payments”: Any amounts payable by you for your Starter Pack which may be payable upon the date you register, and for each PPN Buy you order. “Registration”: The process by which you will register to receive the Service from us as a PPN Buy. “Starter Pack”: Any promotional products or services that may be provided by us to you when you complete your Registration. “Viewing Card”: The third-party viewing card furnished to you in connection with your digital television subscription.

2. Ordering and Viewing Programmes on the Channels

In order to receive our service properly, you must keep your Viewing Card in your Digibox at all times. You must also keep your Digibox connected to a mains supply, telephone line and suitable satellite dish, and in “standby” mode while not in use. Enabling may take between 15 minutes and 24hours, or more in exceptional circumstances, depending on the volume of transactions at the relevant time.

To purchase any PPN Buy you must first complete Registration with us. Unless we otherwise inform you, it will be necessary to purchase a Starter Pack. Each Starter Pack will be subject to a one-off non-refundable fee (in the amount notified to you at the time of Registration) which will be payable by you. It may be necessary to purchase an additional Starter Pack for each additional service provided by us that you wish to receive, and you will be notified whether this is the case at the time of registration. After purchase of this Starter Pack and subject to these Terms and Conditions, RHF will supply to you any PPN Buy you order and are allowed to receive through your Digibox.

When you purchase a PPN Buy using your Digibox remote control and tune into that RHF Channel you will be charged in full for the PPN Buy. RHF reserves the right at its discretion to substitute alternative programming to that advertised and to vary the number of hours of broadcast of the Channel(s) from time to time. If RHF does so, RHF will try to advertise the substitution or variation on air and / or in the press. We further reserve the express right to reduce the number of Channels to one at any time, and we shall use reasonable endeavours to inform you of the same in advance which may be by advertising on air and / or in the press.

3. Payments

We will advertise the price of all PPN Buys on-air on the Channel(s) in advance of broadcast. We may increase the price of the Starter Pack or PPN Buys at any time. Any change in price of Programmes shall be advertised prior to broadcast. We will calculate the amount payable by you, taking into account any applicable offers, discounts or refunds. You hereby authorise us to charge Payments under the direct debit or credit card instructions that you have given to us, but may cancel these instructions at any time in writing to the P.O. Box address specified on your welcome letter. The name that will appear on your statement will be “digi-bill.”

4. Liability

We shall not be liable to you under these Terms and Conditions if you are unable to access 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.

5. Copying and Copyright

You may not: (a) copy, redistribute or relay any Channel or any content in relation thereto; (b) sell or make any charge for the viewing of any Channel or any content in relation thereto; or (c) show any Channel or any content in relation thereto in public, whether or not a charge is made. If we consider it necessary, we may prevent the copying of any Channel or any content in relation thereto by including signals in the applicable broadcast that effectively prevents the copying of such content.

6. Changes to the Terms and Conditions

We may not amend these Terms and Conditions unreasonably and will give you sufficient notice of any such amendments. We may not in any event change or add to clause 4 above (Liability) unless required to do so by law, regulation or for security reasons. We may not change these Terms and Conditions for any PPN Buy after you have ordered it, but we may refuse your order for a PPN Buy at our discretion.

We may also refuse to supply you with any PPN Buy after we’ve accepted your order, if you have not made any Payment that is due to us or if you have breached any of these Terms and Conditions.

7. Data Protection

We are registered under the Data Protection Act 1998. We may wish to use personal details you have provided to us to send you details of products and services we offer from time to time, and also to pass that data to other companies for sales, marketing and market research purposes. If you would prefer us not to pass on this data to other companies in this way please let us know. We are the data controller and if you have any queries regarding your details, please contact us. Personal data collected about you may be evaluated periodically to determine whether we should continue to hold it.

8. Miscellaneous

The Terms and Conditions only apply to residents of the UK, Northern Ireland and the Republic of Ireland and do not apply to commercial subscribers to digital television. This contract is governed by English Law and any dispute relating to these Terms and Conditions shall be dealt with by the courts of England. Customers are restricted to those over the age of 18. We use reasonable care to prevent material likely to give offence or which is unsuitable for children from being viewed. There are, however, certain films which are unsuitable for children (e.g. Certificate 18 or 15). By placing an order for products with age restrictions You declare that You are of legal age to purchase those products.

9. 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 of our rights or obligations under this Agreement to a third party (the “transferee”) in connection with a reorganisation 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; and the transfer shall not alter the extent of any contractual rights or obligations that you have 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.

10. Termination

We may terminate these Terms and Conditions at any time (and therefore your registration with us) in the event that you breach any of the Terms and Conditions hereunder (including, but not limited to, failure to make any Payment which is due to us).

No refund of Payments (including but not limited to the one-off Starter Pack fee) will be made to you if we terminate these Terms and Conditions pursuant to this clause 10.