TERMS & CONDITIONS
The terms and conditions of this second agreement with AllPayTV.com must be agreed to so that AllPayTV.com is entitled to legally act on your behalf with Sky and send the Viewing Card to you. These conditions are meant to protect the subscriber as Sky can, and will, cancel the subscription if the following terms are not met. (In other words certain basic conditions follow and must be strictly observed).
All AllPayTV.com Sky Cards ship pre-activated. Your service agreement and your Sky subscription start when we ship the Sky Viewing Card. You will receive a confirmation email of your order with a link to update your credit card information with us. Once this was updated, we can ship your Sky Viewing Card.
A) In case of problems, questions or anything else, ALWAYS contact AllPayTV.com. You pay us, AllPayTV.com, for providing customer service.
B) Do not call Sky numbers that appear on your screen. Calling such numbers may result in card cancellation by Sky. It will also result in the penalty being charged as explained under section S)
C) AllPayTV.com cannot be held liable for payments taken from your credit card unless taken by AllPayTV.com itself
D) For all transactions, questions or problems concerning your subscription you agree to contact AllPayTV.com only so that AllPayTV.com can assist you with all problems and questions concerning your subscription(s)
E) The subscription contract and payment for the card is made between yourself and Sky or other Pay-TV channels as ordered under section “optional channels” on page 3 of this agreement/order form (OHTERS). Sky (and OTHERS if applicable) will receive payments from your credit card to serve your subscription.
F) Subscription to Sky is for a minimum period of 12 months.
G) the minimum subscription period of OTHERS varies and is laid out under “min. subscription in months” on page 3 of your subscription
H) Cancellation of subscriptions is not permitted within the minimum subscription period. 45 daysâ€™ notice for cancellation must be given to AllPayTV.com, 30 daysâ€™ notice to downgrade your subscription must be given to AllPayTV.com
I) payments to AllPayTV.com are not refundable
J) A renewal fee of â‚¬ 249.00 is payable for each successive year thereafter, from date of issue of your Viewing Card. The renewal fee is not refundable.
K) You already have a satellite reception system capable of receiving ASTRA 2 on 28.2Â° or have contacted your landlord (and/or all other institutions whose consent for using and installing such a satellite reception system is necessary) and have obtained permission to install and use such a satellite reception system.
L) all products and services you order from AllPayTV.com automatically bind you to the terms and conditions of this contract and to the terms and conditions as published on our website www.AllPayTV.com . You cannot return any of the products ordered from AllPayTV.com nor can you cancel your order once it has been placed.
M) You have been explicitly made aware of the risks involved in using a Sky Viewing Card outside the UK (especially the risk of totally losing access to channels encoded by BSkyB). AllPayTV.com would like to express that in this case AllPayTV.com will send you a new Sky Viewing Card free of charge if possible
N) If you send in a contract which has been replaced by a newer one, the newest version automatically applies. Download the latest version from www.AllPayTV.com or ask if this is the current version of the contract
O) (only applies if you order Sky Plus or SkyHD) You know that you must run two coaxial cables from your dish to your Sky Plus/SkyHD box, not one. This can be done by using a so-called “Twin-LNB” or “Quad-LNB”. Sky+ is available at no extra monthly cost to your Sky TV subscription
P) in many European countries, by law, products must have a warranty of 24 months – in the UK this is otherwise! All products sold by AllPayTV.com, are from the UK and for the UK and have only 12 months’ warranty.
Q) The first time fee of â‚¬ 249 is not refundableÂ
R) The viewing card received remains the property of AllPayTV.com at all times. To cancel your subscription, you need to contact AllPayTV.com to receive further instructions on how to return the viewing card to AllPayTV.com.Â
S) each viewing card has a deposit of â‚¬ 120 – this deposit will not be charged upfront but it will be charged if you fail to return the viewing card at the end of your subscription and/or your viewing card becomes invalid because you have outstanding payments on the subscription assigned to it and/or your viewing card becomes invalid due to your fault, especially when you have contacted sky directly.Â
T) All credit card information provided to AllPayTV.com is provided as payment security as well. AllPayTV.com is in good faith assuming the credit card is in your name and/or you have the right to use it (if you provide details of a family member for example). If AllPayTV.com has to make payments on your behalf (i.e. unpaid subscription charges with sky or others that AllPayTV.com has to clear for you), AllPayTV.com reserves the right to charge your credit card with the same amount and a service charge if applicable. This also goes for the â‚¬ 120 deposit as explained under section S).
U) All subscription services and services we provide renew automatically unless cancelled in time. As time frames and conditions for cancellation vary from service and product, we ask you be in touch with us to inquire the details for your services and subscriptions. All Sky TV services & BT Sports require 30 days notice to cancel – all other services on request. Sky TV annual service fee â‚¬ 249 per Viewing Card, VPN on Demand Router annual service â‚¬ 99 per VPN Router, BT Sports renews at the same rate and period you ordered it for (i.e. you ordered for â‚¬ 400 for 6 months, it will renew every 6 months automatically for â‚¬ 400 // this is just an example). We will notify you of price increases of our prices but aim to not increase our rates.
V) Our prepaid conversion table is the following:
– current conversion rate (this can vary – please email us for the current rate)
– 30% service surcharge
– 19% German VAT charged where applicable
W) from time to time Sky UK or other third party providers may offer discounts if you agree to a new minimum subscription period. For example, Sky may offer you 30% discount, if you accept a new 18 month subscription. We are happy to provide these offers to you, but you need to understand that you will then AUTOMATICALLY have to pay our annual fee every time it becomes due during this new extended minimum subscription period
AllPayTV.com (hereafter AllPayTV.com), brokers subscriptions for British Pay-TV, supports subscribers, sells articles and supplies services relating to digital television. The brokering activities of AllPayTV.com are limited to brokering addresses in the United Kingdom to those ordering such services (hereafter the Purchaser) and, during the period of validity of the subscription, to act as a supporting agency between the Purchaser and the Pay-TV supplier. To guarantee correct fulfillment of contracted services by AllPayTV.com, it is important that the Purchaser under all circumstances communicates exclusively with AllPayTV.com and not with the British Pay-TV supplier, since the corresponding access data is known to, and is maintained by, AllPayTV.com only.
In the course of setting up a contract, the Purchaser will enter a separate contractual arrangement with a Pay-TV supplier which will commit him to pay the monthly fee to the Pay-TV supplier (or suppliers) in pounds Sterling via his credit card. For supply of its own services, AllPayTV.com will charge an additional fee based on the type and the scope of the service. The Purchaser is asked to note that these Pay-TV services may only be used within the United Kingdom . If the Purchaser uses these services elsewhere, the Pay-TV supplier(s) may deny access to individual services for any or all purchasers of services from AllPayTV.com. AllPayTV.com makes all customers, existing and potential, aware that knowledge of these risks is a precondition of business. AllPayTV.com accepts no liability whatsoever in such a case, providing that this has not been occasioned deliberately by AllPayTV.com, or through gross negligence on the part of AllPayTV.com.
Please note that according to BSkyB’s terms and conditions to subscribe to sky you require a residential address in the UK and reception outside the UK is not permitted. As we cannot exclude BSkyB cancelling individual subscription contracts with reference to their terms and conditions yet against our expectations, we have to express our warning in regard to that. In case of a cancellation we certainly will do all to ensure continuation of your subscription.
§ 1 Scope
These conditions of contract apply to all contracts offered or closed with AllPayTV.com (AllPayTV.com) or companies associated with AllPayTV.com. After first notification, they also apply to all future contractual relationships with the Purchaser up until notification of an amendment to these conditions of contract by AllPayTV.com. These conditions determine the relationship with the Purchaser unless other arrangements have been explicitly agreed in written form between the parties in an individual case, or regulatory provisions of a mandatory nature are in effect. Different conditions of business on the part of the Purchaser only apply if AllPayTV.com has explicitly agreed to these in written form.
§ 2 Offer and contract closure
Offers from AllPayTV.com are subject to confirmation and are non-binding. A contract is deemed to be in effect upon a written order confirmation by AllPayTV.com or with the commencement of fulfillment of the order. Supplementary agreements and changes require written confirmation by AllPayTV.com. Fulfillment of the contract will be carried out on condition of correct and timely provision by the supplier to AllPayTV.com. This only applies when non-delivery cannot be attributed to AllPayTV.com, even when backed up by closure of covering business with a supplier. The Purchaser will be informed immediately on the non-availability of the service. Any payments will be immediately refunded.
AllPayTV.com retains the right to rescind the contract if conditions should arise after contract closure as a result of which the financial situation of the Purchaser is deemed unsuitable for provision of credit, or should such conditions have been in existence at the time of contract closure but unknown to AllPayTV.com.
§ 3 Delivery
Unless otherwise agreed, the delivery times and dates given are subject to confirmation. If times and dates given are not met, liability claims on the part of the Purchaser will therefore not be accepted by AllPayTV.com. Delays in delivery and provision of service due to Acts of God and events that hinder delivery by AllPayTV.com or even make this impossible, for example strikes, lock-outs, measures taken by authorities, etc. – even when these apply to suppliers or sub-contractors – exempt AllPayTV.com even if times and dates are binding. Such conditions give AllPayTV.com the right to delay the delivery of the goods or service by the amount of time of the duration of the hindrance plus a commensurate run-up time, or due to the unfulfilled part, to partially or completely rescind the contract. If the hindrance lasts for more than three months, the Purchaser has the right, after commensurate appointment of a date, to cancellation with regard to the unfulfilled part of the contract. If delivery time is longer, or if AllPayTV.com has freed itself of its obligations, The Purchaser cannot derive any right to liability claims from this. AllPayTV.com may only invoke the named conditions when the customer has been promptly informed thereof.
AllPayTV.com is at all times entitled to partial delivery.
§ 4 Shipment and transfer of perils
In general, shipment is carried out by one of our contractors. Supply is generally from our dispatch office in Hamburg, Germany.
The danger of accidental loss and accidental deterioration of the goods is transferred upon hand-over to the Purchaser. For mail order purchase, transfer of perils takes place upon delivery of the goods to the transport company, goods transport driver or any other person or instance responsible for transport and delivery, independently of whether transport is undertaken from the place of performance and who bears the cost of transport. Goods are sent uninsured, insurance is upon request by, and at the cost of, the Purchaser.
Hand-over will still be made even if the Purchaser delays acceptance.
§ 5 Prices and payment conditions
All prices are subject to confirmation and are understood to be from the delivery plant or from warehouse. Transport costs, taxes, import duties, other charges, and special expenditures by AllPayTV.com will be separately billed.
The Purchaser should in principle pay by credit card. Should this not be possible, payment in advance will be required.
Cheques and drafts will only be accepted as direct payment, the latter only on special agreement. They are first accepted as payment upon encashment. Currency conversion costs and expenses are charged to the Purchaser. AllPayTV.com retains the right to return drafts already taken and to demand immediate payment if the bank refuses encashment or should circumstances become known at a later date from which credit unworthiness of the Purchaser can be concluded.
Should the Purchaser fall behind with a payment or fulfillment of an obligation, all demands resulting from the business connection are due immediately.
For the period of non-fulfillment, the Purchaser must pay interest on the amount due at a rate of 5% per annum above the basic interest rate. However, AllPayTV.com retains the right, upon proof of a greater degree of loss due to non-payment, to demand appropriate payment. If the Purchaser is himself a dealer, non-fulfillment interest is 8% per annum above the basic interest rate. AllPayTV.com has the right to charge a fee of EUR 10 per dunning letter.
The Purchase only has the right of off-setting charges if his counterclaims have been determined to be legally binding and are recognized by AllPayTV.com.
Upon delay in payment or deterioration in the economic situation of the Purchaser, AllPayTV.com is entitled to demand advance payment or collateral security for claims both due and pending on all existing contracts and to refuse fulfillment until advance payment or collateral security has been rendered. If the Purchaser does not accede to the AllPayTV.com claims within a period of four days, AllPayTV.com is entitled to rescind the contract and claim damages instead of the supply of service. This also applies should circumstances arise before or during closure of contract that bring creditworthiness into doubt and which only become known to AllPayTV.com after closure of contract.
Payments to employees or representatives of AllPayTV.com are only accepted as release of debt when said persons have been given authority to collect by AllPayTV.com.
A delay in delivery due to request by the Purchaser has no effect upon the due date of payment.
If, after closure of the delivery contract, new obligations of any kind are laid on AllPayTV.com by regulatory authorities that affect the contract closed, then changes or extensions resulting from said obligations are deemed as having been agreed by the parties. Any new taxes, expenses, and other charges or increases, including changes to import and customs duties are always charged to the Purchaser.
§ 6 Retention of title
AllPayTV.com retains ownership of the goods until all outstanding claims relating to a current business relationship have been settled. The AllPayTV.com claims are not invalidated by inclusion in an open business account even if recognized by AllPayTV.com. Payment of the entire remaining debt is due immediately should the Purchaser fall behind in payment, or due to behavior contrary to the contract on the part of the Purchaser, or opening of insolvency proceedings concerning assets, or if a court has refused to open proceedings due to insufficient assets. In such cases, AllPayTV.com can, without prejudicing its other rights, demand the goods concerned back and also claim for any damages to AllPayTV.com which have resulted. Should AllPayTV.com apply its right to retain title or lengthen the delivery time due to impending regulations, this is not deemed to be a withdrawal from the contract if the Purchaser is a dealer. Any ensuing costs are borne by the Purchaser.
The Purchaser commits to handle the goods carefully. The Purchaser has the obligation to store the goods in correct fashion, to ensure these properly at his own cost and provide proof of this to AllPayTV.com on demand.
The Purchaser is not entitled to frustrate or hamper any rights concerning the goods under retention of title by AllPayTV.com, in particular he is not permitted to sign over or pledge such goods to third parties as security. The Purchaser is required to inform AllPayTV.com immediately by registered letter should access to the goods have been given to a third party, for example in the case of distraint. The Purchaser is required to immediately inform the third party in writing of the AllPayTV.com ownership rights. Change in ownership of the goods or change of the Purchaser’s address must be immediately communicated to AllPayTV.com. Should the Purchaser not comply with these requirements to inform AllPayTV.com and third parties, and if the third party is subsequently unable to reimburse AllPayTV.com for the ensuing legal and other costs incurred in asserting its rights, the Purchaser is held liable for the losses incurred by AllPayTV.com.
§ 7 Warranty
AllPayTV.com will in the first instance offer warranty on an exchange or repair basis at the discretion of AllPayTV.com.
If this subsequent fulfillment miscarries twice, the Purchaser can, at his discretion, demand either a reduction in payment (compensation) or annulment of the contract. The Purchaser does not, however, have the right to demand withdrawal from the contract for small contractual non-compliances, in particular for small defects. Inability to remedy defects or effect an exchange on the part of AllPayTV.com is equivalent to non-fulfillment of performance by AllPayTV.com due to the disproportionate effort of such performance and unacceptability to the Purchaser (Paragraph 439, Section 1, German Federal Statutes).
The Purchaser must examine the goods immediately upon their receipt. Defects visible or recognizable upon correct examination must be communicated to AllPayTV.com by email – support@AllPayTV.com within two days after receipt of the goods and simultaneously in written form. Defects which are not visible or recognizable upon correct examination must be communicated in written form within seven days after their discovery, otherwise warranty claims will be deemed invalid. Timely sending of the complaint is sufficient to meet such deadlines. The burden of proof for any and all claim requirements falls entirely on the Purchaser, in particular for the defect itself, for the time when the defect was determined and for timely notification of the defect.
If the Purchaser chooses to annul his contract due to a defect and subsequent non-performance on the part of AllPayTV.com, no additional claims for damages due to the defect will be recognized.
If, after subsequent non-performance the Purchaser chooses compensation, the goods will, at the wish of AllPayTV.com, remain with the Purchaser assuming this is acceptable to him. Compensation is limited to the difference between the purchase price and the value of the defective goods. This does not apply should AllPayTV.com face accusations of malicious intent.
Claims are limited to a period of one year after delivery of the goods. Possible counterclaims on the part of AllPayTV.com following Paragraph 478 of the German Federal Statutes remain unaffected by this.
Withdrawal from contract and compensation claims becomes invalid after the claim period has ended.
Should ex-contract claims concerning delivery of defective goods be in competition with defect claims, the previously stated claim periods apply also to the ex-contract claims.
Guarantees in a legal sense are not given to the Purchaser by the seller. Manufacturers’ guarantees are unaffected by this.
AllPayTV.com is also entitled, for commercial dealers, to limit the warranty to relinquishment of its own warranty claims on manufacturers and suppliers. Any and all warranty claims expire immediately if the Purchaser uses the product improperly and contrary to use or operating instructions, modifies it, when any improvement or other work is carried out on defective products without permission to do so by AllPayTV.com, or if the Purchaser bypasses AllPayTV.com and communicates directly with the Pay-TV supplier.
§ 8 Liability
AllPayTV.com is not liable for any minor infractions of lesser contractual and non-contractual responsibilities due to negligence. AllPayTV.com is liable for minor infractions of major responsibilities as well as deliberate or major infractions of its responsibilities through factotums, limited to typical and predictable risks which may occur. This also applies to non-contractual liabilities. The preceding liability limitations do not affect possible claims by the Purchaser resulting from product liability. The liability carried by AllPayTV.com due to personal injury to life, the body or health due to negligent infraction on the part of AllPayTV.com and its representatives or factotums, is not affected. Claims for damages by the Purchaser due to a defect are limited in validity to a period of one year after delivery of the goods. This does not apply if AllPayTV.com faces accusations of malicious intent.
§ 9 Interdiction on withdrawal from contract
The Purchaser may only withdraw from his rights and responsibilities resulting from this contract after previous written agreement on the part of AllPayTV.com.
§ 10 Contractual relationship between Purchaser and Pay-TV supplier
Through the agency of AllPayTV.com, the Purchaser enters a contractual relationship with the Pay-TV supplier(s). The period of validity of this/these contract(s) are set by the Pay-TV supplier but communicated to the Purchaser before ordering. In general, this period has a duration of 12 months.
Within this period, the Purchaser commits to fulfill his responsibilities resulting from this contract, including those toward AllPayTV.com. In particular he commits to regular payment of the contracted amounts to the Pay-TV supplier(s) via his credit card and to inform the Pay-TV supplier(s) immediately of any possible delay in payment. Should any losses be incurred due to delay in payment to the Pay-TV supplier, AllPayTV.com is entitled, on behalf of the indebted Purchaser, to clear these losses. The corresponding costs incurred by AllPayTV.com must be immediately reimbursed by the Purchaser. These demands remain in force until payment is made. Furthermore, AllPayTV.com retains the right in such cases to block access to the Pay-TV supplier(s) for this Purchaser. Warranty or liability claims on the part of the Purchaser do not arise in this case. AllPayTV.com retains the right to clear any outstanding demands through use of the credit card which the Purchaser used to order. The Purchaser has accepted this proviso and given the corresponding credit card authorization by naming his credit card data and signing the order form. AllPayTV.com also retains the right to charge a commensurate fee for such transactions.
AllPayTV.com is not liable for damages (in particular incorrect account withdrawals) due to third parties such as Pay-TV suppliers, for example BSkyB. The Purchaser understands that AllPayTV.com only provides agency services for a subscription, for example with BSkyB, Livingston , United Kingdom . Such as subscription results in payment responsibilities by, and provision of services to, the customer. AllPayTV.com offers aid but cannot be held to account for possible liabilities.
In particularly difficult individual cases, where AllPayTV.com may be held responsible for gross negligence or malicious intent, the liability of AllPayTV.com is limited to the amount of the last BSkyB or other supplier’s monthly charge (depends on package selected).
§ 11 Information protection
Purchaser data relating to order or person are only stored electronically and processed by AllPayTV.com in accordance with the statutory requirements of the National Data Protection Legislature (BDSG) and the Telecommunication Services Protection Legislature (TDDSG). This information is used and passed on by AllPayTV.com exclusively for order processing purposes. Except for order processing, no information is given to third parties without the express permission of the Purchaser. Upon request, the Purchaser will receive the data stored by AllPayTV.com. The Purchaser may revoke his given permission to store this information at any time and terminate the customer relationship with AllPayTV.com. Should the Purchaser so desire, AllPayTV.com will immediately delete all person-related information.
§ 12 Court of jurisdiction
Court of law is Palma de Mallorca, Spain
§ 13 Disclaimer
Should any individual provisions in the above options terms be or become invalid, either in part or in full, or impracticable, this will not affect the validity of the other provisions. The parties agree to replace an invalid or impracticable provision will be replaced by a ruling that is as close as possible in economic purpose to the invalid or impracticable provision in a legally effective and practicable form.