If something goes wrong
21. What you can do when we don't keep our promises
If you've had a problem with the service or loaned equipment, you may have a few legal options. There is more information at adviceguide.org.uk.
22. What we're not responsible for and limits on our liability
(a) If our negligence causes death or personal injury, we accept responsibility and there is no limit to our liability. We also accept responsibility for our fraud or fraudulent misrepresentation and for any other liability the law does not allow us to exclude or limit.
(b) We accept responsibility for loss of or damage to your personal property arising from our negligence. We'll pay up to £100,000 in total for any one event or series of connected events arising in any 12-month period.
(c) Apart from responsibility we accept under clauses 22a and 22b, we won't pay you more than £5,000 in total in any 12-month period.
(d) Apart from responsibility we accept under clauses 22a and 22b, we’re not responsible to you for the following.
(i) Any delay or failure caused by something beyond our reasonable control. This could be things such as lightning, flood, severe weather, fire, explosion, terrorist activities, epidemic, riots, war, anything done by a government or other public authority, or strikes or other industrial action.
(ii) You breaking the agreement.
(iv) Any loss caused by you using the service in a way that breaks the agreement.
(v) Any commercial or business loss.
(vi) Any loss or damage caused by malware (for example, viruses) or the unauthorised use of the service on any of your devices.
(vii) Any loss of, corruption of or release of data or information.
(viii) You using any equipment or hardware we haven't supplied.
(ix) Losses which we couldn’t reasonably have expected or considered when entering into the agreement.
(e) Apart from buy-to-keep content, we’re not responsible for the loss of anything you've recorded (or have scheduled to record) if:
(i) you get your set-top box repaired;
(ii) we ask you to return your set-top box to be replaced;
(iii) we upgrade, update or replace any software on your set-top box; or
(iv) the recordings are automatically deleted, either to free up storage space on your set-top box or because the recordings have been on your set-top box for a long period of time.
(f) We're not responsible under the agreement if the content is suspended, interrupted or not available to you because of problems with the internet connection or network coverage. If you're having trouble with your BT Broadband, take a look at the separate agreement for that service.
23. Returning faulty loaned equipment
(a) If you think any of the loaned equipment is faulty, please tell us.
(b) You must return any loaned equipment that you tell us is faulty, or which we tell you is faulty or needs to be fixed or replaced (for example, if the loaned equipment is out of date or needs upgrading). We'll give you pre-paid packaging to do this. Legal options may be available to you (for example, you may have a right to reject the loaned equipment or the repair or replacement). For more information, visit adviceguide.org.uk.
(c) We might test any loaned equipment you tell us is faulty. If we find it isn't faulty, we may return it to you or replace it.
(d) If you haven't returned your old loaned equipment within 30 days of us sending you a replacement, we can:
(i) stop or restrict access to the service and any other BT service until you return the loaned equipment; or
(ii) recover our costs for that loaned equipment.
Changes we may make
24. How we may change the service, service features, TV package, add-ons, channels and other content, loaned equipment, charges and the terms and conditions of the agreement
We can change the service, service features, TV package, add-ons, channels and other content, loaned equipment, charges and these terms and conditions at any time for the reasons set out in clauses 26 to30.
25. How we’ll tell you about changes and your rights to leave if we do make changes
(a) If we make any of the changes set out in clauses:
(i) 26d and 26e;
(ii) 27a(ii) to 27a(xi);
(iv) 28a(i) to 28a(v); or
and these changes significantly disadvantage you, we’ll do the following.
(i) Tell you at least 30 days beforehand, unless there are reasons we can’t (for example, if a third party who provides content withdraws it without giving us enough notice). If that happens, we’ll give you as much notice as possible.
(ii) Give you the chance to end the service, or a add-on, by giving us 30 days' notice. You won't have to pay anything extra or any charges for ending your contract early.
(b) Any changes to:
third-party services, including changes to the content of such services (for example NOW TV content), or changes to any charges for those services (for example, the Netflix subscription fee); or
the charges as set out in clause 19b;
will not give you a right to end the service or a add-on.
(c) We'll tell you about any other changes in a suitable way, such as putting a notice on bt.com. Changes to content will be shown in your planner or the programme guide.
26. How we may change TV packages, add-ons, channels, content or access to third-party services
(a) As the service is a variable TV service, we don’t guarantee we’ll provide you with any particular TV package, add-on, channel or other content, or with access to any particular third-party services. We change all these things from time to time for lots of reasons, some of which are listed below.
(b) We can change, add to, replace or withdraw any TV package, add-ons, channels or other content, or access to third-party services, change or cut the hours of broadcast on any channel or encrypt or decrypt any channel or other content. We can do that for any of the following reasons.
(i) Because the content or third-party service available to us changes (for example, we gain or lose the right to show particular programmes and want to change our channels or TV packages as a result).
(ii) To introduce new TV packages, add-ons, channels or other content, or to provide access to new third-party services.
(iii) To improve, update, or add to the TV package, add-ons, channels or other content.
(iv) If broadcasters or businesses which provide channels or other content stop making them available to us, or they make changes to them.
(v) If any third-party services you get through the service change or stop being available.
(vi) To let us change the way we charge you for certain TV packages, add-ons, channels or other content (for example, when we add new channels).
(vii) If, in our opinion, it’s no longer commercially sensible for us to provide your TV package, add-ons, channels or other content (for example, because it’s become too expensive for us to buy certain content, or a channel has low viewing figures).
(viii) If we change the way we provide or structure our TV packages, add-ons, channels or other content (for example, changing the names or descriptions of our TV packages and content).
(ix) To update, upgrade, improve or alter the service.
(x) If our ability to provide the service in a particular area changes.
(xi) To help us show the service in a way that we think gives you a better viewing experience (for example, by adding extra online features or ultra HD).
(xii) To reflect changes to or developments in technology (for example, by adding extra features online or in ultra HD).
(xiii) If a paid-for channel becomes a free channel.
(xiv) To make editorial changes to the content.
(xv) Because of changes in any laws, codes of practice, regulations or guidance that applies to us.
(c) We might provide the service for a long time, not just for the minimum term. So we might need to make changes to TV packages, add-ons, channels or other content, and to the access we provide to third-party services, for a reason not listed above.
(d) A change we make to your TV package could result in a significant reduction in:
(i) the number of paid-for channels in your TV package; or
(ii) the quantity of on-demand content in your TV package.
If we can't replace it with similar or equivalent paid-for channels or on-demand content, we'll give you notice and allow you to end the service as set out in clause 25.
(e) If we withdraw or change a add-on in a way that significantly disadvantages you, we’ll tell you at least 30 days beforehand, unless we can’t reasonably do that (for example, if a third party withdraws content and doesn’t give us enough notice). In this case, we’ll give you as much notice as possible.
If we’re not withdrawing the add-on, we’ll let you cancel it by giving us 30 days’ notice, but you won't be able to end the service.
27. Changes to the service, a service feature, loaned equipment or the terms and conditions of the agreement
(a) We may change the service (other than the TV package, add-ons, channels or content, or access to third-party services), a service feature, loaned equipment and the terms of the agreement to do the following.
(i) Make the agreement clearer or easier to understand, or change it in another way that doesn’t significantly disadvantage you.
(ii) Change, improve, update or add to the service, service features or loaned equipment you get (for example, if we produce a new set-top box or improve our TV menu).
(iii) Introduce new services, service features or loaned equipment (for example, if we introduce a new security feature).
(iv) Change the way we structure our charges, service, service features or loaned equipment (for example, by changing a name).
(v) Change the way we provide you with the service, service features or loaned equipment (for example, if we introduce a new way to deliver content).
(vi) Reflect changes to or developments in technology (for example, if we develop the way we provide the service or introduce new ways to pay).
(vii) Withdraw, replace or remove all or part of the service, service features or loaned equipment.
(viii) Change technical specifications (like limits on transferring information).
(ix) Update, upgrade, improve or alter the service, service features or loaned equipment (for example, to fix bugs or faults, tackle security issues, improve software or loaned equipment, change how the service looks or improve how your loaned equipment works).
(x) Reflect a change in our ability to provide the service, service features, or loaned equipment in a particular area.
(xi) Reorganise the way we manage or run our business.
(xii) Reflect a change to any law, code of practice, regulation, guidance or obligation that applies to us.
28. Other changes to the service, a service feature, loaned equipment or the terms and conditions of the agreement
We might provide the service for a long time, not just for the minimum term. In the future we might need to make changes to the service (other than the TV package, add-ons, channels, other content or access to third-party services), a service feature, loaned equipment or the terms and conditions of the agreement for a reason not listed in clause 27. If we do, and the change significantly disadvantages you, we'll give you notice and you’ll be able to end the service in line with clause 24a.
29. Changes to the charges
(a) We may change the charges if any of the following applies.
(i) We make any of the changes described in clause 26, clauses 27a(ii) to 27a(x) or clause 28.
(ii) We launch a new TV package that we want to charge for, or a channel we want to charge for separately.
(iii) The cost of providing the service goes up (for example, if we get rights to show different content which costs us more, or the price of the content goes up).
(iv) The cost of running our business goes up.
(v) We reorganise the way we manage or run our business.
(vi) There’s a change in a law, code of practice, regulation, guidance or obligation that applies to us (for example, if there’s a VAT increase).
30. Other changes to the charges
We can’t always predict what will happen in the future, so we might need to change the charges for a reason not listed in clause 29. If we do, and the change significantly disadvantages you, we’ll give you notice and you’ll be able to end the service in line with clause 24a.
Moving between TV packages
31. Moving you between TV packages
(a) If we withdraw your TV package, we'll move you onto our nearest equivalent, or better, package. If we can, we'll tell you at least 30 days before we do this. If we can’t, we’ll give you as much notice as we can. If the TV package we move you to costs more than your current TV package, we'll either:
(i) let you end the service without paying a fee for ending it early; or
(ii) not charge you the higher amount for the rest of the minimum term.
We'll tell you beforehand what we are going to do.
After the end of the minimum term, we'll charge you the full price for the TV package we’ve moved you to.
(b) We may move you to a better service, service feature, TV package, add-on or loaned equipment at no extra charge for a trial period. We'll tell you at least 30 days before we do this. At the end of the trial period, we’ll either keep you on the better service, service feature, TV package, add-on or loaned equipment at no extra cost, or move you back to what you had before. We'll tell you beforehand which we’re going to do. You can tell us to end the trial period and move you back to what you had before whenever you like.
(c) Sometimes we might give you extra add-ons, channels or content at no extra cost as part of the service. We can change, charge for or withdraw the extra add-ons, channels or content at any time. If we plan to charge for any extra add-ons, channels or other content you’re getting at no extra cost, we'll tell you beforehand. Then you’ll need to tell us if you don’t want to pay for them.
32. If you’re not on a Flexible TV service, you can choose to change your service, TV package and service features
(a) You can choose to upgrade or change your service. If you do, there might be a new minimum term. If there is, we’ll tell you before you confirm your upgrade or the change to the service.
(b) If you took the service alongside other BT services (like BT Phone or BT Broadband), you might not be able to change your current service, TV package or service features until the end of the minimum term for all of the BT services.