Terms & Conditions
Thank you for using the Simplifydigital website (www.simplifydigital.co.uk) (the "Website") and/or for
contacting Simplifydigital to help you make the right choice about
which digital services are best suited to you. Please note we
sometimes record telephone calls to make sure we give you the best
service possible.
Our Website is owned and maintained by Simplifydigital Limited
(referred to in this document as "Us", "We" or "Simplifydigital").
Any purchase by you of products or services from us and/or use of
our Website is conditional upon your acceptance of these terms and
conditions which incorporate the information directly accessed via
links included below ("Terms and Conditions") and our Privacy Statement.
If you do not accept any of these Terms and Conditions or our
Privacy Statement, please do not proceed with the purchase of
products or services from us, or continue to use our Website. We
will take your continued use of the Website after reading these
Terms and Conditions as an indication that you have accepted them.
Our products and services and the use of our Website is only
intended for individuals who are resident in the UK and who are
over 18 years of age.
If you do not live in the UK permanently or are not 18, then you
should not purchase our products and services or use our Website.
Simplifydigital may need to update these Terms and Conditions from
time to time. We recommend that you visit our Website regularly to
make sure that you are up to date with our latest version.
1. Who are we?
Simplifydigital Limited is a company registered with Companies
House (with registered number 6095563) and having its registered
office at 2 Temple Back East, Temple Quay, Bristol, BS1 6EG. Our
registered VAT number is 898781928. All queries, complaints and
questions should be referred to Compliance Officer at
Simplifydigital, 1 Lyric Square, Hammersmith, London, W6 ONB (the
"Contact Address"). Alternatively, you may wish to send us an email
at contactus@simplifydigital.co.uk
or pick up the phone to speak to one of our advisors on
0800 542 4704
. All calls are charged at local rate. You can also call this
number to request a printed copy of our terms and conditions.
2. What goods and services does Simplifydigital offer?
Simplifydigital supplies customers the following goods and
services (together the "Services"). We reserve the right to accept
of reject you application to purchase any or all of these Services
at our discretion:
- Website and Call Centre Advice - We provide customers with
impartial advice regarding digital service providers in the UK (the
"Service Provider"), their services and identify which Service
Providers are best suited to a customers' specific needs ("Website
and Call Centre Advice");
- Service Provider Subscriptions - We offer advice with regards
to which digital TV, broadband and other digital services our
customers can choose from. For the purpose of these Terms and
Conditions the term
"Service Provider" means the supplier of digital TV and/or
broadband and/or telephone services about who we offer advice. If
customers decide to sign up with certain Service Providers, we are
able to assist them, process their application and help them to
sign up to receive a service from the Service Provider ("Service
Provider Subscriptions").
3. Service Providers
Simplifydigital may at any time stop assisting its customers
with regards to the offering of a particular Service Provider (or
any product or service offered by a Service Provider) and/or add a
new Service Provider to its Service Provider Subscription Service.
We recommend that you visit our Website regularly to keep up to
date with details of our Service Provider Subscription
Services.
4. Prices & Payment
Prices for our Services are set out on the Website. They are set
out in £ sterling and include VAT at the current rate.
Simplifydigital may change the prices at which it offers goods or
services at any time before individual purchases are made. In
respect of subscription prices and other goods or services provided
by Service Providers with whom you contract with or without our
assistance, these Service Providers set and are responsible for
their prices. You should check with the Service Provider that the
relevant prices are accurate at any time that you enter into an
agreement with them.
5. Charges
For details of our charges for our services see our Website. The
price of individual purchases will be confirmed by you. There is
currently no charge made for our Website and Call Centre Advice
services or use of the Website (including advice and application
processes) provided by Simplifydigital. If Simplifydigital
processes your application to sign up for a service from a Service
Provider, we may take your payment details in order to complete
your application. Please note that the sole responsibility for
making any payments to the Service Provider lies with you and you
will be subject to the terms and conditions of that Service
Provider in respect of its services. Simplifydigital shall be under
no obligation for the transmission of such payments.
Simplifydigital may introduce additional or new charges for the
Services and any additional services which it might introduce in
the future. If such charges are introduced, you will be advised as
to what these charges might be prior to you being charged for the
Service or being allowed to access any new services.
Service Provider Subscriptions
Please note that when we process your application to sign up to
receive a service from a Service Provider we are acting as an agent
for the Service Provider. All Services are supplied in accordance
with the Service Provider's specific terms and conditions. You will
need to look at their terms and conditions to find out what your
rights are. Simplifydigital accepts no responsibility for the acts
or failures of a Service Provider.
6. Intellectual Property Rights
All materials, including images, illustrations, designs, site
layout, photographs, written and other text or script that are part
of this Website or other promotional materials of Simplifydigital
together with all software compilations, underlying source code and
software in the site are protected by copyright, trade mark, design
right and/or other worldwide intellectual property rights and are
owned or controlled by or licensed to Simplifydigital. You are
granted a non-exclusive and non-transferable licence to use the
software contained in this Website and the other above mentioned
intellectual property rights or for the purposes of using the
Website or Call Centre and the Services and no other services. You
are not allowed to store or reproduce any part of the Website in
any other website or include it in any public or private electronic
retrieval system or service without Simplifydigital 's express
prior written permission. Additionally, you may not publish,
transmit, publicly perform, distribute, display, sell or
participate in any sale of or exploit in any way, any of the
contents, the site, or any related software in whole or in part
without our express prior written permission. All rights that we
have not mentioned above to be granted to you are reserved by
Simplifydigital.
7. Links to Third Parties
We may provide links to third party websites that we believe may
be of interest to you. We do not control or vet these websites and
therefore we cannot accept liability in respect of either their
contents or your use of these sites.
8. Disclaimer
Although Simplifydigital will do all that it reasonably can to
ensure that the information provided by Our suppliers is accurate
and up-to-date in respect of Service Providers and other third
parties whom We introduce you to, the responsibility for accuracy,
completeness, fitness for purpose and legality lies solely with the
suppliers of such products and services. You recognise that such
information may not be updated every day and that the
responsibility for checking the accuracy of such information with
suppliers prior to application or acceptance of any offer made lies
solely with you.
9. Warranties or liabilities
We do our best to keep our Website up to date and safe to use
but cannot guarantee that the Website and its contents are
completely free of technical errors, viruses or anything else that
may have a harmful effect on your computer or any technology. We
will do our best to allow you uninterrupted access to the Website
24 hours per day, but please note that access may be suspended,
restricted or terminated at any time including to undertake
maintenance services.
Save in respect of personal injury or death caused by our or our
employee's negligence or for fraudulent acts, Simplifydigital will
also have no liability to you for any loss, expense or damage
arising which is not directly caused by Our or our employees' acts
or omission including (without limit) loss of income, goodwill,
data, contracts or profit or any other indirect or consequential
loss suffered as a result of your use of the Website or our
Services, even if we are aware of the possibility of such loss.
Additionally, neither of us shall be liable to the other for a
breach of these terms and conditions or an act or omission to the
extent that the delay or failure is due to a cause beyond our
reasonable control (such as, without limitation, flood, fire, third
party strikes or terrorist act). Simplifydigital's total liability
in respect of any individual claim made by an individual arising in
connection with these Terms and Conditions and the use of the
Website or our Services shall not exceed five hundred pounds (£500)
Sterling [or £10,000 Sterling in the case of damage to physical
property].
Simplifydigital does not however exclude or limit our liability
in respect of death or personal injury caused by our negligence or
for fraud or fraudulent misrepresentation. Any defective equipment,
software or other product not supplied by Simplifydigital or its
agents or principals. No part of these Terms and Conditions are
enforceable by anyone who is not a party to them in accordance with
the Contracts (Rights of Third Parties) Act 1999.
10. Your obligations
You agree that any material transmitted by you whilst using the
Website or our Services (other than by way of private
correspondence or material which amounts to Personal Data under the
Data Protection Act 1998) becomes available for all commercial and
non-commercial use by Simplifydigital in connection with its and
its sub-contractors provision of the Services without royalty for
copy, modification, adaptation, translation and world-wide
distribution. You agree without limitation not to use (or allow
another party to use) the Services or the Website to:
- Transmit or receive any material which could reasonably be
regarded as fraudulent, grossly offensive, indecent, unlawful,
libellous, obscene, pornographic, blasphemous, defamatory,
threatening, abusive, in contempt of court, in breach of copyright
or any other objectionable or inappropriate material; or
- Restrict, inhibit, interfere with or prevent any other persons
from utilising the Service; or
- Transmit or display in any manner anything which is intended to
adversely impact on any individual, group, ethnic orientation or
entity; or
- Display or transmit any solicitations, advertisements, chain
letters, pyramid marketing schemes, investment propositions or any
unsolicited commercial messages whatsoever; or
- Transmit to or from the Website any material which constitutes
or encourages conduct that would be considered a criminal offence,
give rise to civil liability, or otherwise be contrary to the law
or infringe the rights of any third party, in the UK or any other
country in the world; or
- Transmit to or from the Website any material for which you have
not obtained all necessary licences and/or approvals; or
- Transmit to or from the Website, any material which is
technically harmful (including without limitation, computer
viruses, corrupted data or other malicious software or harmful
data).
11. Restrictions of Use
You shall not re-use or resell the Services or the Website:
- to sell or otherwise offer for sale any products, goods or
services without the written consent of Simplifydigital and/or its
suppliers, partners or providers; or
- to provide false data including names, addresses, credit card
details and similar data in a fraudulent manner; or
- to access data not intended for the general public by hacking,
cracking or by any other means of circumventing the Simplifydigital
security system or logging in to any area not designated for
customer access.
12. Termination
Either We or you may immediately terminate or suspend any or all
the Services that we provide or receive by sending written notice
to the other (including by e-mail) if the other:
- Fails to comply with a material provision of these Terms and
Conditions and fails to remedy the breach within 30 days of written
notice from the other (where the breach is remediable); or
- Becomes insolvent, bankrupt or any analogous event or is unable
to pay debts as they fall due.
Simplifydigital may also immediately terminate or suspend these
Terms and Conditions if it has reasonable grounds to suspect
fraudulent activity by you or on your behalf. Should the Service be
suspended by it Simplifydigital may decide not to restore any or
all the Services to you.
13. Data Protection
For full details of the Simplifydigital data protection policy,
please visit www.simplifydigital.co.uk/corporate/privacy-policy
14. Severability
If any provision of these Terms and Conditions is found to be
void or unenforceable for any reason by any court of any competent
jurisdiction, the provision in question shall be ineffective. This
does not affect the rest of the Terms and Conditions which shall
still remain effective and enforceable.
15. Assignment
This agreement is personal to the Simplifydigital and you.
Neither Simplifydigital or you shall assign, transfer or delegate
any of your rights or obligations under these Terms and Conditions
to any other person or entity without the written consent of the
other (such consent not to be unreasonably withheld or delayed)
EXCEPT THAT Simplifydigital may assign its rights and obligations
under these Terms and Conditions to a third party in the event of a
trade sale or group re-organisation so long as it promptly notifies
this fact to you.
16. Governing law and jurisdiction
These Terms and Conditions are governed by the laws of England
and Wales. By using this Website you agree to be bound by the
exclusive jurisdiction of the courts of England and Wales.