SKY TERMS AND CONDITIONS

1.0 Sky TVXcellence Terms & Conditions

2.0 Sky Red Hot Monthly Terms & Conditions

3.0 SKY PAY-PER-NIGHT TERMS & CONDITIONS

1.0 Sky TVXcellence Terms & Conditions

1. Definitions

2. Subscription Payments

3. Programming

4. Extra Channels

5. Your Viewing Card

6. How Long is the Card Valid for?

7. Data Protection

8. Lost, Stolen or Malfunctioning Viewing Cards

9. Liability

10. Copyright

11. Variation in the Conditions

12. Termination

13. Transfer of rights and obligations

14. Notices

15. Geographical Status

16. Law


1.0 Definitions


In these Terms and Conditions:

"Channels" means the adult television channels available at 900,903, 904, on the Sky EPG, and the "Television X" or "TVX" branded television channels and/or VOD content sold by RHF under licence from PBL as may be included by RHF in the "TVXcellence Package" from time to time during the term of this Agreement, subject to change 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.

"Expiry Date" means the date on which the Viewing Card expires.

"PBL" or "Portland" means Portland Broadcasting Limited (registered in Jersey under Company No: 77485) whose registered office is 1st Floor La Chasse Chambers, Ten La Chasse, St Helier, Jersey JE2 4UE 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 1st Floor La Chasse Chambers, Ten La Chasse, St Helier, Jersey JE2 4UE and whose principal place of business is Cotswold House, 219 Marsh Wall, London E14 9FJ.

"Service" means access to the Channels on a subscription basis subject to these Terms and Conditions.

"Sky Box" means an authorised satellite decoder using Sky UK Limited's and/or Sky Subscriber Services Limited's digital conditional access (encryption) system.

"Subscriber" or "you" means you.

"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.tvxnow.com/terms.

"Viewing Card" means the card which will allow you, the Subscriber, to receive this Service when used with a Sky Box. You will only be entitled to one Viewing Card under this Agreement.

"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.tvxnow.com/terms.

2.0 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 and agree to be bound by these Terms and Conditions. By purchasing age-restricted channels, you confirm you are of a legal age (18+) to access such products and services. An additional registration fee for the Service may be payable by Subscribers who are accessing the Service for the first time which will collected with the first payment due under this Agreement.

2.2 RHF may increase the Subscription Payment at any time by giving the Subscriber one month's notice. RHF may increase the Subscription Payment only once in any calendar year. The 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.

2.3 The Subscriber hereby gives RHF authority to alter the Subscriber's direct debit or credit/debit card instruction according to the Subscription Payments from time to time applicable to the Service.

2.4 Payments will be renewed automatically unless notification is received from you to terminate your subscription to the in accordance with Condition 12.


3.0 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 Service shall be kept to a minimum.


4.0 Extra Channels

4.1 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.

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 content, products and/or services provided in addition to the Service as promotional items are provided on the basis originally advertised, subject to availability, and may be removed, amended, or substituted for similar content, 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.


5.0 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 Service Limited ("SSSL") (as agent for Sky UK 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 residential address with the Sky 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 10).

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 Sky Box at all times and you will need to keep the Sky Box connected to a mains supply, a suitable satellite dish and your broadband service (or telephone line where applicable). Your Sky Box should be left in standby mode while not in use. You must allow RHF/SSSL to update the software in your Sky Box by sending additional signals via satellite or broadband (or telephone line) to your Sky Box. The software in your Sky Box remains SSSL's property.

5.6 Upon registration, your Viewing Card will be pre-authorised for RHF's pay-per-night ("PPN") service. Should your Subscription lapse, you will still be able to purchase any of the RHF PPN channels. When you purchase a PPN Buy using your Sky remote control and tune into that RHF PPN channel you will be charged in full for the PPN Buy per RHF’s PPN Terms and Conditions available online at www.tvxnow.com/terms.

5.7 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.

5.8 Information about the Service and use thereof may be passed from you Sky Box to us and vice versa via broadband (or telephone line).

6.0 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, on the internet, in the press 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 it 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. Back To top


7.0 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 purpose, subject to your consent. 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 and you have the right at all times to request a copy of the details that we hold on you subject to payment of a charge and to withdraw your consent to the use of your details for any purpose other than the performance of this Agreement. Further information regarding how we process your data can be found in our privacy policy which is published on our website https://www.tvxnow.com/privacypolicy


8.0 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 0333 440 4554, by emailing support@televisionx.com or by writing to Digibill, PO Box 74396, Cotswold House, London E14 1SX. 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.


9.0 Liability

RHF shall be under no liability under this Agreement in respect of:

9.1 any defect in a Sky Box and/or other reception 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 our 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 our 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.


10.0 Copyright

The Subscriber is prohibited from:

10.1 copying, redistributing, relaying or granting access to the Service or any part thereof other than at the Subscriber's residential address for personal domestic use only pursuant to Condition 5;

10.2 selling or making any charge to any third party for accessing the Service or any part thereof.


11.0 Variation in the Conditions

11.1 RHF may not change or add to Condition 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.


12.0 Termination

12.1 Subject to Conditions 12.2, 12.4 and 12.7 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 in the event that the Subscriber breaks any of the Conditions of this Agreement at RHF's sole discretion.

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 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 (subject to Condition 12.7 below) where the Subscriber purports to terminate this Agreement prior to the expiry of the minimum period from validation of the first Viewing Card supplied.

12.7 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 RHF confirms the Subscriber's subscription application has been successful. To exercise the right to cancel, the Subscriber must inform RHF of their decision to cancel this Agreement by a clear written statement (e.g. a letter sent by post or email using the contact details provided above). The Subscriber may use the model cancellation form available at 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.

12.8 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 subscription. 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.


13.0 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 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.


14.0 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 third clear day after the date of posting;

14.3 if sent by email, at the time of transmission by the sender to email address of the other party.


15.0 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.


16.0 Law

These Conditions and this Agreement are governed by English Law and the English courts shall have exclusive jurisdiction.


2.0 SKY RED HOT MONTHLY TERMS & CONDITIONS

1. Definitions

2. Subscription Payments

3. Programming

4. Extra Channels

5. Your Viewing Card

6. How Long is the Card Valid for?

7. Data Protection

8. Lost, Stolen or Malfunctioning Viewing Cards

9. Liability

10. Copyright

11. Variation in the Conditions

12. Termination

13. Transfer of rights and obligations

14. Notices

15. Geographical Status

16. Law


1.0 Definitions

In these Terms and Conditions:

"Channels" means the 2 adult television channels available at 903, and 904 on the Sky EPG, and the "Television X" or "TVX" branded VOD content sold by RHF under licence from PBL as may be included by RHF in the "TVX Monthly Package" from time to time during the term of this Agreement, subject to change 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.

"Expiry Date" means the date on which the Viewing Card expires.

"PBL" or "Portland" means Portland Broadcasting Limited (registered in Jersey under Company No: 77485) whose registered office is 1st Floor La Chasse Chambers, Ten La Chasse, St Helier, Jersey JE2 4UE 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 1st Floor La Chasse Chambers, Ten La Chasse, St Helier, Jersey JE2 4UE and whose principal place of business is Cotswold House, 219 Marsh Wall, London E14 9FJ.

"Service" means access to the Channels on a subscription basis subject to these Terms and Conditions.

"Sky Box" means an authorised satellite decoder using Sky UK Limited's and/or Sky Subscriber Services Limited's digital conditional access (encryption) system.

"Subscriber" or "you" means you.

"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.

"Viewing Card" means the card which will allow you, the Subscriber, to receive this Service when used with a Sky Box. You will only be entitled to one Viewing Card under this Agreement.

"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.tvxnow.com/terms.


2.0 Subscription Payments

2.1 Subscription Payments for the Service shall be paid by the Subscriber to RHF on a monthly payment basis by means of the Payment Method selected by the Subscriber. To subscribe to the Service, you must first be registered with us and agree to be bound by these Terms and Conditions. By purchasing age-restricted channels, you confirm you are of a legal age (18+) to access such products and services. An additional registration fee for the Service may be payable by Subscribers who are accessing the Service for the first time which will collected with the first payment due under this Agreement.

2.2 RHF may increase the Subscription Payment at any time by giving the Subscriber one month's notice. RHF may increase the Subscription Payment only once in any calendar year. The 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.

2.3 The Subscriber hereby gives RHF authority to alter the Subscriber's direct debit or credit/debit card instruction according to the Subscription Payments from time to time applicable to the Service.

2.4 Payments will be renewed automatically unless notification is received from you to terminate your subscription to the 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 Service shall be kept to a minimum.


4.0 Extra Channels

4.1 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.

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 content, products and/or services provided in addition to the Service as promotional items are provided on the basis originally advertised, subject to availability, and may be removed, amended, or substituted for similar content, 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.


5.0 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 Service Limited ("SSSL") (as agent for Sky UK 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 residential address with the Sky 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 10).

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 Sky Box at all times and you will need to keep the Sky Box connected to a mains supply, a suitable satellite dish and your broadband service (or telephone line where applicable). Your Sky Box should be left in standby mode while not in use. You must allow RHF/SSSL to update the software in your Sky Box by sending additional signals via satellite or broadband (or telephone line) to your Sky Box. The software in your Sky Box remains SSSL's property.

5.6 Upon registration, your Viewing Card will be pre-authorised for RHF's pay-per-night ("PPN") service. Should your Subscription lapse, you will still be able to purchase any of the RHF PPN channels. When you purchase a PPN Buy using your Sky remote control and tune into that RHF PPN channel you will be charged in full for the PPN Buy per RHF's PPN Terms and Conditions available online at www.tvxnow.com/terms.

5.7 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.

5.8 Information about the Service and use thereof may be passed from you Sky Box to us and vice versa via broadband (or telephone line).


6.0 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, on the internet, in the press 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 it 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.

7.0 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 purpose, subject to your consent. 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 and you have the right at all times to request a copy of the details that we hold on you subject to payment of a charge and to withdraw your consent to the use of your details for any purpose other than the performance of this Agreement. Further information regarding how we process your data can be found in our privacy policy which is published on our website https://www.tvxnow.com/privacypolicy


8.0 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 0333 440 4554, by emailing support@televisionx.com or by writing to Digibill, PO Box 74396, Cotswold House, London E14 1SX. 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.


9.0 Liability

RHF shall be under no liability under this Agreement in respect of:

9.1 any defect in a Sky Box and/or other reception 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 our 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 our 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.


10.0 Copyright

The Subscriber is prohibited from:

10.1 copying, redistributing, relaying or granting access to the Service or any part thereof other than at the Subscriber's residential address for personal domestic use only pursuant to Condition 5;

10.2 selling or making any charge to any third party for accessing the Service or any part thereof.


11.0 Variation in the Conditions

11.1 RHF may not change or add to Condition 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.


12.0 Termination

12.1 Subject to Conditions 12.2 and 12.6 below, this Agreement shall remain in force for a minimum period of 1 month from the first date the Service is supplied to the Subscriber.

12.2 RHF may terminate this Agreement at any time in the event that the Subscriber breaks any of the Conditions of this Agreement at RHF's sole discretion.

12.3 Both the Subscriber and RHF may terminate this Agreement by giving at least one month's written notice (in accordance with condition 14). Termination will then take effect at the end of the next subscription period after the notice period has expired. For the avoidance of doubt, the term of this Agreement will continue beyond the minimum period unless so terminated.

12.4 RHF may invalidate any Viewing Card remaining in the Subscriber's possession following termination of this Agreement.

12.5 No refund of Subscription Payments will be made to the Subscriber where RHF terminates this Agreement according to Condition 12.2 above, or (subject to Condition 12.6 below) where the Subscriber purports to terminate this Agreement prior to the expiry of the minimum period from validation of the first Viewing Card supplied.

12.6 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 RHF confirms the Subscriber's subscription application has been successful. To exercise the right to cancel, the Subscriber must inform RHF of their decision to cancel this Agreement by a clear written statement (e.g. a letter sent by post or email using the contact details provided above). The Subscriber may use the model cancellation form available at 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.

12.7 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 subscription. 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.


13.0 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 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.


14.0 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 third clear day after the date of posting;

14.3 if sent by email, at the time of transmission by the sender to email address of the other party.


15.0 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.

16.0 Law

These Conditions and this Agreement are governed by English Law and the English courts shall have exclusive jurisdiction.


3.0 SKY PAY PER NIGHT TERMS & CONDITIONS

1. Definitions

2. Payments

3. Programming

4. Extra Channels and Promotions

5. Your Viewing Card

6. How Long is the Card Valid for?

7. Data Protection

8. Lost, Stolen or Malfunctioning Viewing Cards

9. Liability

10. Copyright

11. Variation in the Conditions

12. Termination

13. Transfer of rights and obligations

14. Notices

15. Geographical Status

16. Law

Definitions


In these Terms and Conditions:

“Channels” means the Pay-Per-Night adult television channels available at 900, 904 and 905 on the Sky EPG, and the "Television X" or "TVX" branded VOD content sold by RHF under licence from PBL as may be included by RHF in the "TVX Pay-Per-Night" offering from time to time during the term of this Agreement, subject to change in accordance with these Terms and Conditions.

“Expiry Date” means the date on which the Viewing Card expires.

“PBL” or “Portland” means Portland Broadcasting Limited (registered in Jersey under Company No: 77485) whose registered office is 1st Floor, La Chasse Chambers, Ten La Chasse, St Helier, JE2 4UE 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 1st Floor, La Chasse Chambers, Ten La Chasse, St Helier, JE2 4UE and whose principal place of business is Cotswold House, 219 Marsh Wall, London E14 9FJ.

“Service” means access to the Channels on a Pay-Per-View or Pay-Per-View basis subject to these Terms and Conditions.

“Sky Box” means an authorised satellite decoder using Sky UK Limited’s and/or Sky Subscriber Services Limited’s digital conditional access (encryption) system.

“Pay-Per-Night Buy” means nightly access to the Channels from 22.00 to 05.30 the following day, or any part thereof.

“Pay-Per-Night Customer” or “you” means you.

“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.tvxnow.com/terms.

“Viewing Card” means the card which will allow you, the Pay-Per-Night Customer, to receive this Service when used with a Sky Box. You will only be entitled to one Viewing Card under this Agreement.

“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.tvxnow.com/terms.


Payments

Pay-Per Night Fees for the Service shall be paid by the Pay-Per-Night Customer to RHF. The cost of Pay-Per-Night access shall be advised to you over the phone, or on-air, in advance of your viewing as part of the purchase process. You will be billed immediately for your first Pay-Per-Night Buy.

You will normally be billed on a monthly basis for any and all PPN Buys in the corresponding 30-day period by means of the Payment Method selected by you. However, we may bill you within 30 days of being notified by Sky Subscriber Services Limited of your access to the Service and we reserve the right to bill you at any point following your access to the Service for any and all PPN Buys since the last billing cycle. Billing timeframes are subject to your Sky Box connectivity via broadband (or telephone line where applicable) and related callback data.

To access to the Service, you must first be registered with us and agree to be bound by these Terms and Conditions. By purchasing age-restricted channels, you confirm you are of a legal age (18+) to access such products and services. An additional registration fee for the Service may be payable by Pay-Per-Night Customers who are accessing the Service for the first time which will collected with the first payment due under this Agreement.

RHF may increase Pay-Per Night Fees at any time subject always to the cost being advised to you over the phone, or on-air, in advance of your viewing.

The Pay-Per-Night Customer hereby gives RHF the authority to alter the Pay-Per-Night Customer's direct debit or credit/debit card instruction according to the Pay-Per Night Fees due from time to time for access to the Service.


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 Service shall be kept to a minimum.


Extra Channels and Promotions

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.

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.

You agree and understand that any content, products and/or services provided in addition to the Service as promotional items are provided on the basis originally advertised, subject to availability, and may be removed, amended, or substituted for similar content, 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.

Your Viewing Card

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 Service Limited ("SSSL") (as agent for Sky UK 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.

Only you may use the Viewing Card which RHF/SSSL sends you. You can only use the Viewing Card at your residential address with the Sky 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 10).

If you give your Viewing Card to anyone else RHF/SSSL can make it invalid.

You must not tamper with the Viewing Card or use it for anything RHF/SSSL do not authorise.

In order to continue to receive the Service without interruption, your Viewing Card must be kept in your Sky Box at all times and you will need to keep the Sky Box connected to a mains supply, a suitable satellite dish and your broadband service (or telephone line where applicable). Your Sky Box should be left in standby mode while not in use. You must allow RHF/SSSL to update the software in your Sky Box by sending additional signals via satellite or broadband (or telephone line) to your Sky Box. The software in your Sky Box remains SSSL's property.

Upon registration, your Viewing Card will be pre-authorised for RHF’s Pay-Per-Night (“PPN”) service. Should your Subscription lapse, you will still be able to purchase any of the RHF PPN channels. When you purchase a PPN Buy using your Sky remote control and tune into that RHF PPN channel you will be charged in full for the PPN Buy per RHF’s PPN Terms and Conditions available online at www.televisionx.com/terms.

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.

Information about the Service and use thereof may be passed from you Sky Box to us and vice versa via broadband (or telephone line).


How Long is the Card Valid for?

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, on the internet, in the press or in writing) when Viewing Cards are to be replaced.

RHF may make the Viewing Card invalid if it is necessary to protect the security of the conditional access system or it 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.

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.


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 purpose, subject to your consent. 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 and you have the right at all times to request a copy of the details that we hold on you subject to payment of a charge and to withdraw your consent to the use of your details for any purpose other than the performance of this Agreement.

Lost, Stolen or Malfunctioning Viewing Cards

If your Viewing Card is lost, stolen or damaged, you must tell us immediately either by phoning 0333 440 4554, by emailing support@televisionx.com or by writing to Digibill, PO Box 74396, Cotswold House, London E14 1SX. We can charge you the cost of replacing your Viewing Card if it is lost, stolen or damaged.

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.


Liability

RHF shall be under no liability under this Agreement in respect of:

any defect in a Sky Box and/or other reception equipment used by the Pay-Per-Night Customer;

any defect in a Viewing Card attributable to any unauthorised use of or tampering with the Viewing Card, negligence by the Pay-Per-Night Customer or failure to follow RHF's user instructions;

any use of a Viewing Card with any decoding apparatus not authorised by RHF;

any failure or delay in our 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 our reasonable control;

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 Pay-Per-Night Customer 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);

termination of this Agreement in accordance with Condition 12.


Copyright

The Pay-Per-Night Customer is prohibited from:

copying, redistributing, relaying or granting access to the Service or any part thereof other than at the Pay-Per-Night Customer's residential address for personal domestic use only pursuant to Condition 5;

selling or making any charge to any third party for accessing the Service or any part thereof.


Variation in the Conditions

RHF may not change or add to Condition 2 and 12 except for legal, security or regulatory reasons.

RHF may not change or add to any other Condition unless it is reasonable for it to do so.

RHF will give the Pay-Per-Night Customer at least one month's notice of any changes or additions.


Termination

Subject to Conditions 12.2, 12.4 and 12.7 below, this Agreement shall remain in force for a minimum period of 12 months from the first date the Service is supplied to the Pay-Per-Night Customer.

RHF may terminate this Agreement at any time in the event that the Pay-Per-Night Customer breaks any of the Conditions of this Agreement at RHF’s sole discretion.

In the case of monthly subscribers only, both the Pay-Per-Night Customer 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 period unless so terminated.

In the case of Pay-Per-Night Customers paying annually both the Pay-Per-Night Customer 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.

RHF may invalidate any Viewing Card remaining in the Pay-Per-Night Customer's possession following termination of this Agreement.

No refund of Subscription Payments will be made to the Pay-Per-Night Customer where RHF terminates this Agreement according to Condition 12.2 above, or (subject to Condition 12.7 below) where the Pay-Per-Night Customer purports to terminate this Agreement prior to the expiry of the minimum period from validation of the first Viewing Card supplied.

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) the Pay-Per-Night Customer 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 RHF confirms the Pay-Per-Night Customer’s subscription application has been successful. To exercise the right to cancel, the Pay-Per-Night Customer must inform RHF of their decision to cancel this Agreement by a clear written statement (e.g. a letter sent by post or email using the contact details provided above). The Pay-Per-Night Customer may use the model cancellation form available at www.televisionx.com/cancellation but it is not obligatory. To meet the cancellation deadline, it is sufficient for the Pay-Per-Night Customer to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.

If the Pay-Per-Night Customer cancels this Agreement during the cancellation period pursuant to the Regulations, RHF will reimburse them with all payments received from the Pay-Per-Night Customer without undue delay, and not later than 14 days after the day on which RHF is informed about the Pay-Per-Night Customer’s decision to cancel their subscription. However, RHF shall retain an amount which is in proportion to the services that have been performed until the Pay-Per-Night Customer 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 Pay-Per-Night Customer used for the initial transaction, unless the Pay-Per-Night Customer has expressly agreed otherwise. In any event, the Pay-Per-Night Customer will not incur any fees as a result of the reimbursement.

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 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.


Notices

Any notice to be given in writing under this Agreement by either party shall be deemed to have been duly served:

if delivered personally, at the time of delivery;

if sent by pre-paid first or second-class post, on the third clear day after the date of posting;

if sent by email, at the time of transmission by the sender to email address of the other party.


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.


Law

These Conditions and this Agreement are governed by English Law and the English courts shall have exclusive jurisdiction.