Effective date: April 20, 2022
By placing an Order with us you agree to the following Conditions of your Subscription Contract.
Your Order sets out the Equipment and Services you have ordered and the amount we will charge you and includes all connection fees, line rental charges, and service charges together with any call bundles you may have ordered.
This contract is between eCable | E-CABLE SUBSCRIPTIONS LTD detailed in the Application Form (“eCable | eCable TV”) and you as detailed in the Application Form (the “Customer”). In order to receive the Pay TV and internet services as detailed in the Application Form you agree to abide by the following Conditions. Reference in this Contract to “we” or “us” shall be read as reference to “eCable ”
In this contract
Address: means the address of your private residence in the Territory which you have notified to us in the Application Form.
Application Form: means the application form accompanying this Contract and which shall be deemed to form part of the Conditions.
Cancellation Fee: means the amount specified on the Application Form.
Channel(s): the television channels we may include in any of the eCable program packages and the a la carte and PPV channels we may offer during the Term.
Commencement Date: means the date eCable enable you to receive the Service.
Conditions: the terms and conditions of this Contract as we may amend from time to time or as otherwise varied or added to by the terms of any special offer we may grant to you or any additional service you may elect to take from eCable and as otherwise set out below and in the Application Form.
Contract: this contract incorporating the Conditions, made between you and us authorizing you to receive the Service for private viewing at your Address.
Equipment: means the Set Top Box and related equipment (or any of them) supplied to you by eCable.
PPV: means movies offered to you by eCable on a pay per view basis.
Minimum Term: means the period from the Commencement Date which is applicable to your Payment Option as set out in the Application Form.
Cooling-off period – the period from the date the agreement is made until 14 days after:
the loaned equipment (if any ) is delivered; the service date or the day you received your order confirmation.
Package: the program package and other services you have selected in the Subscription Services section of the Application Form.
Payment Option: the payment option elected by you in the Application Form.
Reconnection Fee: the charge specified on the Application Form charged for re-subscription in the event that you are disconnected further to 3(d) below.
Replacement Cost: the cost to replace a Set Top Box as specified in the Application Form.
Service: the Package elected by you. If you elect to change your Package and we permit this, the Service is the new Package you elect.
Set Top Box: the specific hardware provided to you by eCable under your Package to receive the Service (including the remote control, manual and associated TV cables) and additional DVR technology where included.
Subscription Payments: the payments you must pay us in order to receive the Service as set out in the Application Form or as otherwise notified by eCable to you.
Term: means the Minimum Term together with any additional periods in accordance with clause 2(b) below
Territory: means the Country named in the Application Form.
Total Subscription Payments: means the total Subscription Payments payable by you under this Contract for the Term.
2. The Service
(a) We shall provide and you shall use the Service and/or the Equipment subject to the Conditions of this Contract. We will provide the Service to you from the Commencement Date and will continue to do so during the Term unless this Contract is terminated as set out below.
(b) This Contract shall only entitle you to use the Service and/or the Equipment at the Address in the Territory and for residential usage only.
3. Subscription Payments
(a) You agree to pay us the full Subscription Payments in accordance with the Payment Option you have chosen.
(b) If you have elected the credit card or direct debit Payment Option we will collect the amount due automatically from your account monthly from the Commencement Date. You agree to pay us the full amount of the Total Subscription Payments during the Term (including the Minimum Term).
(c) We may change your Subscription Payments at any time by giving you a minimum of one (1) months’ notice. We may also change your Subscription Payments (i) if required by law or if any regulatory authority requires us to change any aspect of our pricing which affects your Subscription Payments or (ii) if you change your Package as provided in clause 8 below.
(d) If you have failed to pay any of the payments you owe to us we can immediately suspend and/or disconnect the Service and terminate the Contract.
(e) You authorize us to alter your credit card or direct debit instructions if your Subscription Payments change for any reason. Additionally, you authorize us to charge any other payments due under this Contract (including any Cancellation Fee, Reconnection Fee or amounts due under clause 6(d) below) under your credit card or direct debit instruction together with any other payments which you agree that we may charge under that instruction from time to time during the Term.
(f) We may make special promotional offers from time to time during the Term. These special promotional offers may not be used in conjunction with any other offer from eCable.
eCable reserves the right to amend/cancel any special promotional offers for any reason. eCable is not obligated to offer the same special promotional offers at the time of renewal in accordance with clause 2(b).
(g) Where your Payment Option is credit card you undertake and agree to maintain at all times throughout the Term the validity of such credit card and the authority for eCable to collect the payments due hereunder. You agree to notify us immediately if the credit card provided to eCable expires, terminates or otherwise becomes invalid where upon you shall immediately provide us with a valid and authorized replacement credit card number, together with expiry date and issuing bank name from which we shall be authorized to collect the Subscription Payments due hereunder.
(h) If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
(i) Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
(j) If you have elected the credit card or debit card Payment Option then you (Cardholder) must retain a copy of transaction records and Merchant policies and rules.
(a) To purchase a movie via PPV, you must be a current Customer under the Application Form to a Package that includes PPV.
(b) You hereby authorize us to charge any payment for these services under the credit card or direct debit authorization instructions that you have provided to us in the Application Form.
(c) eCable will not be liable for any failure to provide the movie because of reasons outside our reasonable control or because of anything for which we have excluded liability under clause 9 of this Contract.
5. Failed payment charges
We may restrict your service if you do not pay your bill or reach your credit threshold. We will charge you £5.76 to apply and lift any of these restrictions.
If you fail to make a payment we will apply a £5 administration fee to cover our costs of recovering payment, or if we try to take your payment and the payment method fails (for example your Direct Debit fails) we will apply a £5 administration fee to cover our administration costs associated with this failed payment. These charges are not subject to Value Added Tax.
Please note: If we have to engage our debt-collection agency to collect any payments on our behalf, you’ll also have to pay the reasonable costs we have to pay the agency in addition to any of the charges above.
6. The Set Top Box and Wireless Router
(a) Where we have supplied you with a Set Top Box and wireless router under this Contract, the Set Top Box shall and the wireless router remain the property of eCable at all times and subject to you complying with your obligations hereunder shall be loaned to you during the term of this Contract.
(b) You shall not insert any unauthorized Apps into the Set Top Box or attempt to dismantle the Set Top Box. Any such unauthorized use of the Set Top Box shall entitle us to terminate this Contract and/or charge you the cost of a replacement Set Top Box in the event that the Set Top Box is damaged.
(c) You agree to keep the Set Top Box and wireless router in a clean, safe environment at your Address free from any dust, dirt and moisture and operate the Set Top Box in accordance with the manual provided.
(d) In the event you cancel the Contract or the Contract otherwise expires or is terminated by us, you agree to immediately return the Set Top Box and any other Equipment to eCable. If you do not return the Set Top Box and any other Equipment within thirty (30) days of cancellation, expiry or termination of this Contract in good working condition and free from damage (fair wear and tear excepted) you agree to pay us the Replacement Cost
(e) eCable shall be entitled to up-date the software in your Set Top Box by downloading additional signals via website to the Set Top Box with/without prior notification. The Software in the Set Top Box remains eCable property. The downloading of the software may disrupt the appearance and operation of the Service. You agree to co-operate with any instructions issued by eCable to you in respect of the up-dating of the software.
7. Engineer visits
(a) We’ll agree an estimated appointment date for engineer visits and will contact you a minimum of two working days in advance if this changes. You can change or cancel any appointment date but you must give us at least two working days’ notice.
(b) We may charge you, as set out in the Price Guide, for any engineer visit if:
(c) You provide an incorrect address;
(d) Entry is refused to the premises, or access cannot be gained by the engineer;
(e) We agreed with you that the premises had to meet certain requirements so we could carry out the work, and it doesn’t meet these requirements;
(f) You report a fault, an engineer attends your premises and discovers the fault was not due to our services or equipment or, the reported fault was not present;
(g) There is no responsible adult present who is authorised by you to make decisions or answer questions necessary to fix the faults;
(h) When you cancel a request for an engineering visit later than two working days’ before the appointment date;
(I) if we could have fixed the issue without sending an engineer if you’d had the ability to connect to the router with wired (Ethernet) connection; or
(J) An engineer arrives at the premises to carry out the work you requested, but you no longer wish the work to be carried out.
8. Your Package
(a) The programs that we provide as part of your Package are primarily supplied by third parties and their availability is outside our control. Consequently eCable |accepts no responsibility for the content of such programs or the Channels and we reserve the right to withdraw or replace any Channel or advertised programs, or reduce or change the number of hours of any Channel’s broadcast.
(b) If you elect to change your Package, for instance to add an additional a la carte Channel or service (e.g. PPV) and we permit you to do so, you agree to immediately pay the then current price for such new Package.
(c) We can charge you a reasonable administration fee if you change your Package and we permit you to do so. You must continue and pay for your chosen Package for at least one month before we will allow any changes to your Package. You can only choose one of the Packages listed and you can only choose the a la carte Channels and/or other services we may offer as part of the Service that you receive. You cannot choose any individual channels within any Package.
(d) We will carry out upgrade services within forty eight (48) hours of receipt of such request, provided the payment terms are met by you.
(e) Downgrade services will be carried out at the time of the next payment date and are only allowed once and provided the Minimum Term of your Package has expired. Downgrade to certain program packages which are cheaper than the Package is only allowed if you pay for any previous subsidy or promotional offer given to you.
9. Our Liability
eCable will not be liable under this Contract for:
(a) Any fault in any of the Equipment caused by your tampering with it, your negligence or failure to follow our instructions;
(b) Use of the application in any Set Top Box which we do not supply;
(c) Any fault in a Set Top Box or other receiving equipment you use which we do not supply;
(d) Our failure to provide the Services caused by events outside our reasonable control;
(e) Any loss or damage caused by our employees or agents in circumstances where:
(i) There is no breach of a legal duty of care owed to you by us or any of our employees or agents;
(ii) Such loss or damage is not a direct or reasonably foreseeable result of such breach; or
(iii) Any increase in loss or damage results from a breach by you of any terms of this Contract.
(a) You must not copy, distribute copies, show in public, rebroadcast or relay any part of the programs or Channels provided to you as part of the Service. You may only use the Service for private use and it must not be accessible by the general public or in a communal viewing area.
(b) We may disable or alter some functions of the Equipment to stop you from copying certain channels or programs in order to prevent the unauthorized copying of such Services. If the Equipment allows copying of these materials, which we are bound by copyright to prevent then we may prevent you receiving the Service.
(c) Any breach of this clause 8 may infringe the copyright of third parties in the programs and Channels provided as part of the Service. You will be responsible for any claims made against us for losses we may suffer as a result of actual or claimed copyright infringement committed by you or any other person using the Equipment in relation to the Service, for which you hereby indemnify eCable.
(e) We hereby reserve all rights we have at law and under the terms of this Contract in respect of any copyright infringement specified in this clause 8.
We may vary this Contract where it is reasonable to do so.
12. Transfer of Agreement
(a) eCable reserves the right to partly or wholly transfer the rights under this Contract to a third party. You may not transfer your rights or obligations under this Contract to any third party.
(b) This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to clause 10(a) above.
(a) This Contract is valid for the Term subject to our right to terminate due to your breach. If you decide to cancel the Contract prior to the expiry of the Term, you must write to us at the eCable contact address specified in the website Form giving your name, address and eCable customer number. eCable shall contact you regarding any amounts you must pay us as set out below.
(b) If this Contract is terminated by you, or by us due to your breach of the Conditions prior to the expiry of the Term we shall be entitled to charge you the Cancellation Fee as specified on your Application Form in addition to any other amounts you may owe us hereunder , including, for the avoidance of doubt.
(c) The Cancellation Fee may be waived by eCable at its sole discretion.
(d) Upon termination of this Contract your subscription shall be made invalid and you shall not be entitled to receive the Service. We shall not refund any Subscription Payments or other payments made under this contract if this Contract is terminated by us due to your breach of any of the Conditions.
We may record calls (including marketing calls) to help us with training and to prevent identity fraud. We also record all 999 and 112 emergency calls.
You will indemnify us against any loss, liability, cost, expense or damage (including reasonable legal fees) arising directly or indirectly out of any claim, suit action or judgment brought against us by any third party relating to any content submitted, posted, or transmitted by you via the Services, or to your use of the Services, or to your connection to the Services, or to any act or omission by you in breach of this Contract or to any breach by you of any applicable laws or regulations or of any rights of another person or entity.
15. Entire Agreement
The Contract represents the entire understanding between you and us in relation to the subject matter hereof and supersedes all other Contracts and representations made by either you or us, whether oral or written. No statement, description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement, or communication or made verbally by any of our agents or employees shall be construed to enlarge, vary or override in any way any of these conditions. We may revise these terms and conditions at any time in order to comply with regulatory or business requirements or otherwise. Any such changes will be published on the Website and your continued use such Equipment and / or Services after such change shall signify your irrevocable acceptance to any such change.
The agreement is made under English and Welsh law. Any disputes you and we cannot settle can only be decided in English and Welsh courts, unless:
(a) you live in Scotland, in which case Scottish law applies and Scottish courts will settle disputes; or
(b) you live in Northern Ireland, in which case the law of Northern Ireland applies and the courts of Northern Ireland will settle disputes.