Customer terms & conditions

YOU HAVE EXPRESSED AN INTEREST IN OBTAINING GOODS OR SERVICES FROM VIRGIN DIGITAL HELP LIMITED (“VIRGIN DIGITAL HELP”, “WE” or “US”) THROUGH USING OUR WEBSITE LOCATED AT http://www.virgindigitalhelp.com (THE “SITE”), BY CONTACTING US OVER THE TELEPHONE OR BY USING OUR PC MATE. “YOU”, “YOUR” or “CUSTOMER” REFERS TO THE CONSUMER OR CORPORATE WHO IS UTILISING THE SERVICES.

In these Terms “Consumer” means an individual or group of individuals requesting our goods or services principally for home use.

In these Terms “Corporate” means ANY SMALL OR MEDIUM-SIZED business, enterprise or company (including, without limitation, any partnership or sole trader) THAT EMPLOYS LESS THAN 25 staff.

IMPORTANT!

BY CLICKING ON THE “I ACCEPT,” OR “CONTINUE” BUTTON OR BY YOUR PAYMENT FOR OR USE OF THE GOODS OR SERVICES OR BY COMMENCING A DOWNLOAD, YOU ARE DEEMED TO HAVE (1) ACCEPTED AND CONSENTED TO BE BOUND BY THESE TERMS (THE “TERMS”), WHICH WILL THEN FORM A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND US AND (2) CONFIRMED THAT YOU ARE RESIDING (IN THE CASE OF A CONSUMER) OR REGISTERED AND OPERATING (IN THE CASE OF A CORPORATE) IN THE UNITED STATES OF AMERICA AND THAT YOU ARE EITHER A CONSUMER OR CORPORATE AS DEFINED ABOVE.

SO IT IS IMPORTANT THAT YOU READ THESE TERMS AND THE POLICIES AND MATERIALS SPECIFICALLY REFERRED TO BELOW CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS, THEN VIRGIN DIGITAL HELP IS NOT WILLING TO PROVIDE THE GOODS OR SERVICES TO YOU, IN WHICH CASE YOU SHOULD CLICK THE “CANCEL” OR OTHER SIMILAR BUTTON, REFUSE TO PAY FOR THE GOODS OR SERVICES OR OTHERWISE INDICATE REFUSAL AND NOT USE THE GOODS OR SERVICES.

THE POLICIES AND MATERIALS SPECIFICALLY REFERRED TO IN THESE TERMS (SUCH AS THE PRIVACY POLICY AND THE DETAILS OF OUR PRODUCTS, SERVICES AND PRICES) ARE INCORPORATED INTO THESE TERMS BY REFERENCE SO THESE SHOULD ALSO BE READ CAREFULLY. SUCH POLICIES AND MATERIALS TOGETHER WITH THESE TERMS, SHALL SET OUT THE WHOLE OF THE AGREEMENT BETWEEN YOU AND US IN RESPECT OF THE GOODS OR SERVICES. IF THERE IS ANY INCONSISTENCY BETWEEN THESE TERMS AND THE POLICIES AND MATERIALS INCORPORATED INTO THEM, THESE TERMS SHALL PREVAIL.

What Services Can We Provide?

In these Terms, “Services” means the services available through our Remote Service (including Phone Support, Pay Per Fix,  and our PC Mate), full details of each of which are available at http://www.virgindigitalhelp.com (the “details of our products, services and prices”). A summary of the Services is set out below. All our Services (subject to these Terms) are available to both Consumers and Businesses.

Please note that, from time to time, we may make changes to the descriptions, features or elements of any of the Services. This may include, for example, where we add a new feature to Remote Service packages which we hope will improve the service we provide to our customers. Except where the changes are intended to improve our service to you, if you have already purchased the relevant Service from us and such Service to you is ongoing, we will inform you if we make any such changes and, if are not happy to continue to receive the relevant Service, you may cancel your contract with us for the relevant Service. To do this you must give us at least 30 days notice by phone to 1 866 805 2449 or in writing by post to the postal address set out at the bottom of these Terms or by email to theteam@virgindigitalhelp.com. If you give us this notice but you have paid in advance for the relevant Service, we will refund you in respect of any future period during which you will no longer receive the Service. In addition, we may decide to withdraw any of our Services from all or specific of our customers. To the extent that we remove a Service from you and you have paid in advance for the relevant Service, we will refund you in respect of any future period during which you will no longer receive the Service.

After entering into the Terms you may wish to purchase an additional Service from us. Please note that we may have changed or updated the descriptions, features or elements of any of the Services since you originally entered into the Terms. You should consult the latest details of our products, services and prices which are available at http://www.virgindigitalhelp.com or by calling us on 1 866 805 2449, before purchasing these Services.

1.1 Remote Service (including our PC Mate)

If you select our Remote Service, we may provide it using our PC Mate (which you can access at http://www.virgindigitalhelp.com) and/or over the telephone, through remote control sessions, through live and automated chat sessions, through email using the internet or by a combination of such mediums.

When providing our Remote Service, we may ask for your permission to use the remote control tools to enable us to access remotely and take control of your personal computer and selected other equipment such as smartphones. The remote control tools, any other applications and any knowledge and articles are owned by us or by third party licensors and suppliers and may be collectively referred to as the “Support Tools” in these Terms. The Support Tools will be used to analyse, diagnose and/or resolve problems and/or provide system optimisation functions. You may use the Support Tools only as part of, or for use with, the Service and for no other purpose.

By electing to receive our Remote Service, you agree to allow us to use whatever Support Tools we may deem necessary to solve your problem, including remote control. You understand that if remote control is used, we will not provide you with any residual software from the remote session, however a report may be created by xml or flash.

In the case where you use and/or purchase our PC Mate, your right to use the software is granted for 12 months from the date that the relevant version you are using was released. We may extend your right to use this software beyond this 12 month period, on a month by month basis, without any notice to you.

1.3 Service Limitations

We will NOT provide support to any customer for complex firewall configurations, wide area networks or virtual private networks, multi-subnet networks, VLAN set-up and configuration, enterprise routers, domain or active directory based networks, file servers or file server operating systems or any server support or other complex systems.

What Are We Undertaking To Do For You?

If you purchase a Service from us in accordance with these Terms, please note that:

2.1 We shall provide the Service using reasonable skill and care. We will use reasonable efforts to meet the response and completion times which we publish but actual timings may vary depending, among other factors, on the complexity of problems, availability of staff, remoteness or accessibility of your location, weather conditions and availability of components.

2.2 We will use reasonable efforts to diagnose and solve problems but may not be able to advise you on all issues or solve all problems that you refer to us. If we cannot resolve your problem or address your need, you will still be liable for fees for time spent by our service representatives in attempting to correct a problem and/or (as applicable) for the download you have made. In the course of providing a Service, we may determine that the issue is beyond the scope of the Service. We may use reasonable efforts to refer you to the appropriate alternative resource, however we may not be able to transfer you directly to an alternate resource.

2.3 There may be a situation where we have quoted a fixed price for a Pay Per Fix service but can’t advise on or solve a problem, or provide the service, that we had agreed would be included within the fixed price. To the extent this happens, we’ll reimburse you for any applicable fee which you have already paid to us. If we have been unable to fulfil requests which are outside the fixed price services, we won’t provide any refund.

2.5 If you purchase a paid-for Remote Service and we fix your problem but that problem recurs within 48 hours, then we’ll attempt to fix the problem again with no additional fee. However, this paragraph 2.5 is subject to a number of limitations as follows: 2.5 is subject to a number of limitations as follows:

• it does not apply in respect of any hardware or equipment which is faulty;
• if the initial fix was required as a result of spyware or a virus, this paragraph 2.5 does not apply unless you had current anti-spyware and anti-virus protection updated or installed during the fix or immediately following the fix;
• it does not apply unless the recurring problem was directly caused by the same issue we identified when we carried out the previous fix;
• it does not apply unless you have complied in full with the recommendations we made to you and with these Terms; and
• it covers only one further attempt to fix the problem.
• 3. What Are The Basic Requirements for Receiving our Services?
• 3.1 If you wish to receive any of the Services, it is essential that you have:
EITHER (in the case of a computer) a computer in fully working order which is appropriately licensed and at least:
• Windows® Internet Explorer® 6.0 or higher
• High Speed Internet Connection (Recommended). However, such services can also be provided on a dial-up connection and the customer agrees that the Service and Support Tools will be more time-consuming
• 800MHz CPU
• 256 MB RAM
• 500MB available hard disk space
• A compatible modem or, as appropriate, wireless router
• Microsoft® Windows® XP operating system and upwards (Recommended). However, some of the Services can also be provided on Microsoft® Windows® 98 operating system and upwards
• An available USB, wireless or ethernet port
• All valid software licences relevant to your operating system
• All valid software licences relevant to all applications on your computer
• All relevant licences keys (which must be provided to us if we request them from you)

OR (in the case of other relevant equipment) another equivalent item of equipment which is without mechanical failure and has all valid software licences relevant to the equipment and to all applications on the equipment.

3.2 For wireless networking the following are also essential:

• All relevant passwords, disk and key codes (as appropriate) for operating systems and the customer's internet service provider
• If any computers or peripherals are to be networked then they must all be installed and operational (including connection to any broadband modem) before the Service is requested and all such computers need to have at least 10MB available hard drive space and 32 MB RAM

What Else Do We Expect From You?

If you request a Service from us, please note that our provision of the Service to you will be subject to you complying with the following provisions of this paragraph 4. If you don't fulfil any of these conditions, Virgin Digital Help may choose not to (or be unable to) provide the Service to you, may suspend or cancel the provision of the Service to you or may cancel its agreement with you under these Terms. Please note that you may not be entitled to a refund and that we may be entitled to charge a cancellation fee to compensate us for any reasonable costs and losses caused by your breach of this paragraph 4.

4.1 You must pay the relevant fees promptly as and when they fall due (see paragraph 7 below, 'Prices and Payment').

4.2 You must comply with paragraph 3 above ('What Are The Basic Requirements for Receiving our Services?').

4.3 You must provide us with all reasonable courtesy, information and cooperation to enable us to deliver the Services and you will be responsible for all telephone and postal charges in contacting us. It is also essential that you comply with those instructions reasonably provided by us in connection with our Service. This includes instructions regarding, for example, use of security software.

4.4 All information that you provide to us must be accurate, including names, addresses, email addresses, credit, debit or other card numbers, expiration dates or any other payment information required by us. You further represent that you authorise us to bill the fees to the credit, debit or other card that you provide to us.

4.6 If you select our Remote Service, one of our service representatives may request your consent to use our remote control tools to access your computer (or other relevant equipment such as smartphones). If you do not provide such consent, we are unlikely to be able to provide you with the Service.

4.7 IMPORTANT! PLEASE ALSO REMEMBER THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT IN YOUR COMPUTERS AND IN ANY OTHER HARDWARE DEVICES. YOU MUST BACK UP ALL THE FILES, DATA AND SOFTWARE ON YOUR COMPUTER AND OTHER EQUIPMENT BEFORE REQUESTING ANY SERVICES FROM US.

IN ADDITION, IF WE WORK WITH YOU ON ANY PROBLEMS WHICH RELATE TO PASSWORD OR OTHER ACCESS CONTROL, WE STRONGLY RECOMMEND THAT YOU RESET SUCH PASSWORD(S) IMMEDIATELY FOLLOWING COMPLETION OR CANCELLATION OF THE SERVICES.

4.8  Indemnity : You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

5. Limitation of Liability

5.1 We will use reasonable care and skill in providing the Services within a reasonable time and substantially as described in the Terms. However, in providing the Services, we may not be able to resolve all difficulties, issues and problems that you are suffering. If this occurs we will act in accordance with paragraph 2.2 above but we give no warranty as to the outcome of the Services.

5.2 In relation to any hardware or other equipment that we supply to you in the course of providing the Services, we agree that they will be of satisfactory quality and fit for purpose.

5.3 We do not give any warranty that (i) the Services, the PC Mate, the Site or any goods that we supply will meet your requirements, (ii) the Services, the PC Mate or the Site will be uninterrupted, secure or error-free, (iii) the results that may be obtained from the use of the Services, the PC Mate, the Site or any goods that we supply will be accurate or reliable, or (iv) any errors in the Services, the PC Mate and/or the Site will be corrected.

5.4 We shall not be liable to you for:

• (a) any acts or omissions of a telecoms service provider;
• (b) fixing or replacing equipment that we diagnose as faulty;
• (c) any service which is outside the scope of these Terms;
• (d) any failure by us caused by matters outside our reasonable control as set out in paragraph 12 below;
• (e) any failure by us which results from any material breach by you of the Terms or from your failure to implement our reasonable recommendations or instructions communicated to you;
• (f) any loss which is not reasonably foreseeable to both parties at the time of entry into these Terms;
• (g) any impact our goods or Services may have on any warranty or guarantee you may have in respect of your own equipment;
• (h) any loss of profits, income or revenue;
• (i) loss of business or goodwill
• (j) wasted time or loss of anticipated savings;
• (k) damage to hardware or other equipment (so far as permitted by law); or
• (l) any loss, destruction or corruption of data.

5.5 Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence (or that of our technicians, sub-contractors or agents), for fraud or fraudulent misrepresentation, (to the extent that you are a Consumer customer) for any liability arising under Part I of the Consumer Protection Act 1987 or for any other matter in respect of which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

5.6 Virgin Digital Help's aggregate liability to you and any other person (whether in contract, tort, for breach of statutory duty or otherwise) shall not exceed an amount equal to the fee paid by you for the relevant Service or, in respect of a Service purchased on a subscription basis, the total fees paid by you for that Service during the preceding 12 months.

6. Here’s How To Request (Or Cancel) Our Services

6.1 To request our Remote Service, or to make a booking for our Local Service, call us on 1 866 805 2449  . We try to ensure that this line is available 24/7.

6.2 As an alternative, you can seek help using our PC Mate by going to http://www.virgindigitalhelp.com.

6.5 To the extent that you are a Consumer customer, you have a right pursuant to the Consumer Protection (Distance Selling) Regulations 2000 to cancel your agreement with us at any time up to the expiry of a period of seven working days beginning on the day the agreement is made. However, this right will not be available if:

• (a) you make an appointment for our Local Service for a time which falls within this seven working day period; or
• (b) you request our Remote Service and we have commenced providing you with that Service (whether over the phone, through a chat session, through your downloading the PC Mate or otherwise) within this seven working day period.

To exercise this right you must contact us by phone on 1 866 805 2449 or in writing by post to the postal address set out at the bottom of these Terms or by email to theteam@virgindigitalhelp.com.

6.6 You may also cancel your agreement with us relating to:

• (a) the PC Mate service at your discretion as set out in paragraph 7.6(i) below; and/or
• (b) the Phone Support service at your discretion as set out in paragraph 7.6(iv).

To do so you should contact us by phone on 1 866 805 2449 or in writing by post to the postal address set out at the bottom of these Terms or by email to theteam@virgindigitalhelp.com. Please note that the rights set out in this paragraph 6.6 apply to both Consumers and Corporate.

7. Prices and Payment

7.1 The fee due from you for each of our Services is set out in the details of our products, services and prices at http://www.virgindigitalhelp.com. These prices include applicable sales tax.

Please note that our fees may change over time so you should always check the Site or call us on 1 866 805 2449 . We will inform you if we change the fees for any of our Services which you have already ordered from us. If the fees have increased and if you are not happy to continue to receive the relevant Service with the revised fee, you may cancel your agreement with us for that Service. To do this you must give us at least 30 days notice by phone to 1 866 805 2449 or in writing by post to the postal address set out at the bottom of these Terms or by email to theteam@virgindigitalhelp.com. If you give us this notice but you have paid in advance for the relevant Service, we will refund you in respect of any future period during which you will no longer receive the Service.

After entering into the Terms you may wish to purchase an additional Service from us. Please note that we may have made changes to the fees for our Services since you originally entered into the Terms. You should consult the latest details of our products, services and prices at http://www.virgindigitalhelp.com or by calling us on 1 866 805 2449, before purchasing these Services.

From time to time we may also offer our Services at promotional prices to customers who meet certain criteria. Such promotions will only be available to those who meet the specific criteria and each such customer may only use a given Service once at the promotional price.

If you take up our Local Service and, during our technician's visit to your home or office (as appropriate), he or she arranges for you to purchase any equipment, parts or other hardware from us, then he or she will advise you of the applicable price at the time.

7.2 By providing us with your debit or credit card details (or other payment details accepted by us) you are (i) authorising us to take payment of all amounts due and owing to us for the goods or Services and (ii) warranting and representing that you are 18 or older. Except in relation to the PC Mate or Phone Support service, or as otherwise agreed by us in writing, all payments for the goods or Services must be made at the time of purchase prior to receiving the goods or Services from us. If we need to recover any outstanding payment, recovery costs shall be payable by you and interest at a rate of 4% above the base rate of the Bank of England from time to time shall also be payable from the due date for payment until payment is made (whether before or after judgement).

7.3 Once payment has been received we will send an invoice to you by email. Invoices are not available in paper or other forms.

7.4 If you do not pay the relevant fees when they are due in accordance with the Terms, we may cancel or suspend any further Services, cancel our agreement with you and/or refuse to provide you with any goods or Services in the future. This does not limit any other rights or remedies that we may have.

7.5 Any refund which may be payable under these Terms will be limited to the price actually paid by you on a per Service/item basis.

7.6 Remote Service

For our Remote Services, we will charge you as follows. For further details, see the details of our products, services and prices at http://www.virgindigitalhelp.com.

• (i) PC Mate. Certain uses of our PC Mate are available without charge, as provided at http://www.virgindigitalhelp.com. Please not that we may change the scope of the uses of the PC Mate that are provided free of charge from time to time without notice to you. However, for use of certain software packages available via the PC Mate, we charge a fixed fee payable each month in advance (again see http://www.virgindigitalhelp.com or call us on 1 866 805 2449 for fee details). This fee covers only the specific scope of the service available through those software packages. We will determine on which day of each month you will be charged and will make you aware of this. In order to access these software packages through our PC Mate, you must pay to us the first month's fee upfront and thereafter your PC Mate subscription will continue indefinitely (and you will continue to be charged the fixed monthly fee) unless and until cancelled. You may cancel your subscription at any time by giving us notice by phone to  1 866 805 2449 or in writing by post to the postal address set out at the bottom of these Terms or by email to theteam@virgindigitalhelp.com. If you cancel your subscription part way through a contract month and have paid in advance for that month's service, your service will continue to the end of that contract month. For further details of our PC Mate and those functions available through it on a paid-for or free basis, please see http://www.virgindigitalhelp.com or call us on 1 866 805 2449 .
• 12-Month Packages: Please note that we may offer certain software packages via the PC Mate at a discounted rate for customers who choose to pay for a 12 month subscription up-front (call us on 1 866 805 2449 for more details). If you choose to pay up-front for 12 months' subscription, please note that notwithstanding any provisions to the contrary set out above in this paragraph 7.6(i):
• (a) your total fee for the full period of the subscription will be due and payable in advance and will not be payable on a monthly basis;
• (b) you commit to a 12 month fixed term subscription and if you want to cancel your subscription before the expiry of this fixed term, you may not be refunded any of the fees you have paid to compensate us for the reasonable costs and losses we suffer as a result of your cancellation;
• (c) on the expiry of the 12 month fixed term, your subscription will terminate and may not continue indefinitely or be automatically renewed.
• (ii) Pay Per Fix. If, when you contact us we agree to provide you with a fixed scope of service for a fixed price per computer or piece of relevant equipment (in accordance with the Schedule of Prices), you will be charged this fixed price regardless of the time taken to complete the agreed scope of service.
• (iv) Phone Support. For a Phone Support subscription, we charge a fixed fee which is payable each month in advance. This fee covers only the specific scope of the service available through the relevant Phone Support package and is payable whether or not the customer actually makes use of the service in any given month. We will determine on which day of each month you will be charged and will make you aware of this.

• If you are a new customer, you must commit to a 12 month minimum term ("Minimum Term") for the Phone Support service. If you an existing customer, meaning that you have purchased Services in the preceding 12 months, you must commit to a 6 month minimum term. If you want to cancel your Phone Support subscription before the expiry of the Minimum Term we may charge you any outstanding amount of the fixed fees payable for the Minimum Term to compensate us for the reasonable costs and losses we suffer as a result of your cancellation. On expiry of the Minimum Term, your Phone Support subscription will continue indefinitely (and you will continue to be charged the fixed monthly fee) unless and until your Phone Support subscription is cancelled.
• You may cancel your Phone Support subscription any time after the expiry of the Minimum Term as long as you give us at least 30 days notice. Your notice of cancellation must be given by phone to 1 866 805 2449 or in writing by post to the postal address set out at the bottom of these Terms or by email to theteam@virgindigitalhelp.com
• We may cancel your Phone Support subscription any time after the expiry of the Minimum Term as long as we given you at least 30 days notice. If we cancel your subscription in this way with effect from part way through a contract month, and you have already paid in advance for that month's service, we will refund you in respect of the balance of that month.

You may also:

• (a) upgrade your Phone Support subscription to any available higher value package at any time;
   (c) downgrade your Phone Support subscription to any available lower value Phone Support package at any time.
  No additional minimum term will apply if you change your Phone Support subscription to a higher or lower value package at any time.
• Your Phone Support subscription is subject to the following fair usage policy. This fair usage policy is based on an annual allowance of minutes of telephone and/or remote support over a year ('Annual Allowance') and you must not exceed the relevant Annual Allowance. The following annual allowances apply, HOWEVER please note that we will monitor usage against this allowance on a pro rated rolling 3-month basis as outlined in further detail below:
• Monthly Fee Annual Allowance Scope of Service $15 240 minutes This allowance can be used with respect to any technical issue which falls within the overall scope of our Remote Service.
• Please note that the Annual Allowance limits set out above are an aggregate allowance in respect of all computer(s) and any other relevant equipment which may be covered under each package.
• If you are in any doubt about the connected digital devices which may be covered by your Phone Support package, see http://www.virgindigitalhelp.com or call us on  1 866 805 2449 , before you purchase any Services.
• Please note that these are fair usage allowances and not an entitlement to a fixed allocation of support time. Therefore, any minutes of your Annual Allowance remaining at the end of the year will not be 'rolled-over' for use in the following year.
• We monitor usage against the Annual Allowance and if you are approaching or have exceeded a pro-rated level of your Annual Allowance in any 3 month period we will discuss with you whether you would like to upgrade to a higher value Phone Support subscription with an increased Annual Allowance or purchase Pay As You Go support. The pro rated Annual Allowance for $15 packages for any 3 month period will be 60 minutes.
• If you have exceeded the pro-rated level of your Annual Allowance in any 3 month period and do not elect to upgrade your Phone Support subscription, we may cancel your Phone Support subscription and/or our agreement with you. If this occurs:,

• (a) during the Minimum Term, we may charge you any outstanding amount of the fixed fees payable for the three month subscription; or
• (b) after the expiry of the Minimum Term, we will retain all fees you have paid for your Phone Support subscription to date;
• to compensate us for the reasonable costs and losses we suffer as a result of you exceeding your Annual Allowance.
• Please note that we may charge you additional fees if we believe you are not taking the necessary measures to protect and maintain your digital system (for example, through regularly running our PC Mate or using appropriate security software).
• 12-Month Packages: Please note that for certain of our Phone Support services, we may offer a discounted rate for customers who choose to pay for a 12 month subscription up-front (call us on 1 866 805 2449 for more details). If you choose to pay up-front for 12 months' subscription to such a Phone Support service, please note that notwithstanding any provisions to the contrary set out above in this paragraph 7.6(iv):

• (a) your total fee for the full period of the subscription will be due and payable in advance and will not be payable on a monthly basis;
• (b) you commit to a 12 month fixed term subscription and if you want to cancel your Phone Support subscription before the expiry of this fixed term, you may not be refunded any of the fees you have paid to compensate us for the reasonable costs and losses we suffer as a result of your cancellation;
• (c) on the expiry of the 12 month fixed term, your subscription will automatically be renewed and we will notify you 1 month prior to your subscription expiring offering you the option to cancel the service if do not want the subscription to automatically renew;
• (d) if at any time during the 12 month fixed term you exceed the relevant Annual Allowance, we may cancel your subscription or may cancel our agreement with you and we will retain all fees you have paid for the subscription to date to compensate us for the reasonable costs and losses we suffer as a result of you exceeding your Annual Allowance; and
• (e) save as inconsistent with items (a) to (d) above, all other provisions set out in this paragraph 7.6(iv) will apply to you and your subscription.

• Calls to our 1 866 805 2449 number are, as at the date when these Terms were produced, free from landlines. However, charges from other service providers and mobiles may vary so please check with your service provider for details.
• 8. Purchase of Third Party Goods and Equipment
• 8.2 As part of the Services, we may suggest that you acquire, install and use certain third party software (such as AVG anti-virus software). If you do so, such third party software will be licensed to you by the respective owner or licensee of the software. You must agree directly to the terms and conditions provided by such third party before installing this software. You should read carefully such third party's own terms and conditions.
• Even where we assist you with the acquisition, installation and/or use of the software, Virgin Digital Help makes no representation or warranty to you regarding any such third party software. If you suffer any issues or problems with this software you should contact the relevant third party directly.
• 9. Your Information What Will We Collect and How Will We Use It?
• 9.1 Personal Data and Payment Details

When a Consumer requests goods or Services from us, we will collect certain personal data (as defined in the Data Protection Act 1998) in order to help us provide the goods or Service. This may include, for example, your first and last names, email address, phone numbers, home address, postal address and billing address. Similarly, when a Corporate requests goods or Services from us, we will request certain data, which may include, for example, the first and last name of a representative, an email address for the representative, phone numbers, office address, postal address and billing address.

We will also need to collect your payment details such as credit or debit card details and we may ask you to create a password. We will treat all of this data with respect and will ensure that we store it securely and use it in accordance with all applicable data protection and privacy laws and consistently with our Privacy Policy.

It is very important that you read carefully our privacy policy, which you can find on our website at http://www.virgindigitalhelp.com/privacy-policy ('Privacy Policy'). The Privacy Policy sets out in the detail of what we may do with your data and who we may share it with. For example, the Privacy Policy explains the circumstances in which we may use your data for the purposes of marketing products and services to you and allowing other Virgin companies to do so (as well as how you can opt out of being contacted by us for marketing purposes). The Privacy Policy also explains that Virgin Digital Help may share your data (for strictly limited purposes only) with our employees, agents and third party service providers who are involved in providing our Services to you (including, for example, Sutherland Global Services Inc. and its group companies and sub-contractors in the Philippines, India and the United States). This may involve us transferring your personal data to persons located outside the European Economic Area, in which case Virgin Digital Help will require that those persons have in place adequate protections to safeguard your data. You hereby consent to the processing of your data in accordance with these Terms and our Privacy Policy. This paragraph only sets out examples of how your data will be used. It is very important that you read our full Privacy Policy carefully and regularly; we may need to make changes to it from time to time.

9.2 Other Information

If, in receiving a Service from us, you have given us your permission to use our remote control tools to access remotely and take control of your personal computer or other digital equipment, information may be collected and sent from your digital equipment to Virgin Digital Help via an internet connection, including for example:

• The information entered by you into our online interface when requesting Services
• The type and version of operating system and internet browser used by your personal computer and/or other equipment
• The hardware that you have connected with your personal computer
• The application, software and tools that you have on your personal computer and/or other equipment.

During your Service session, the following information may also be collected and sent to us via a secured connection or from the digital equipment on which the Support Tool or software is installed:

• Installed hardware and peripherals
• Installed operating system
• Installed programs and active processes information
• Application log file information and registry data
• Browser information including security and temporary file settings
• System information related to the operating system, memory and disk space, proxy configuration, and directory listings for the Support Tool or software
• The security status (good/fair/poor) of the computer as determined by the Support Tool or software
• The number of files scanned, threats found and threats fixed by the Support Tool or software
• The type of threats found
• The number and type of threats remaining that have not been fixed by the Support Tool or software
• Whether a firewall is active
• Whether anti-virus software is installed, running and up to date.

The collected information as set out in this paragraph 9.2 above (the 'Collected Information') is necessary for the purpose of analysing, diagnosing and resolving the problem you have encountered and optimising the functionality of our Services. For the purposes of providing the Services, Virgin Digital Help may share the Collected Information with its employees, agents and/or third party service providers who are involved in providing our Services to you. As outlined above, this may involve us transferring the Collected Information outside of the European Economic Area to countries which may have less protective data protection and privacy laws than the region in which you are situated (including, for example, transfers to Sutherland Global Services Inc and its group companies and sub-contractors in the Philippines, India and the United States). Where this is the case, Virgin Digital Help will require that those persons to have in place adequate protections to safeguard the Collected Information. You hereby consent to the transfer of the Collected Information in accordance with the above.

We may also disclose the Collected Information if asked to do so by a law enforcement official, as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of internet security risks, we may share certain information with research organisations and other security software vendors (on an anonymised basis only). We may also use anonymised statistics derived from the information to track and publish reports on security risk trends.

9.3 Customer Access Details You hereby agree to keep any password created by or provided to you confidential and not to share it with any other person.

Customers may purchase certain of our Phone Support services for the benefit of other individuals nominated by that customer ('Customer Nominees'). This may be the case where either the customer is a Consumer purchasing services for other individual Consumers (such as a family) or where the customer is a Business with multiple employees. Where this is the case, the following additional provisions shall apply:

10. Packages Purchased for the Benefit of Others

10.1 for the avoidance of doubt, the customer whose payment details are provided shall be liable for payment of all fees and other amounts in accordance with these Terms and we are not obliged to (and may refuse to) engage in any communications regarding fees, cancellations or other account matters with any Customer Nominee;

10.2 the customer hereby warrants and represents that each of his/its Customer Nominees is residing in the UNITED STATES OF AMERICA;

10.3 where the customer is a Consumer, the customer hereby warrants and represents that each of his Customer Nominees is requesting the relevant goods and services principally for home use;

10.4 the customer acknowledges that he/it may be required to provide certain details of each of his/its Customer Nominees including, for example, first name, surname, email address and whether that Customer Nominee is under 18 years old ('Customer Nominee Information');

10.5 the customer hereby warrants and represents that he/it has obtained the prior consent of all Customer Nominees to provide the Customer Nominee Information to us for this purpose and agrees to indemnify us and hold us harmless (and continue to keep us indemnified and held harmless) against all losses we may suffer as a result of any failure to obtain such consent;

10.6 the customer hereby acknowledges and agrees that certain provisions set out in these Terms will also apply in respect of his/its Customer Nominees and the customer warrants and agrees that (i) he/it has brought them to the attention of his Customer Nominees and (ii) each of his/its Customer Nominees agrees to be bound by such provisions as if he were a party to these Terms; such provisions include the following:

• (a) paragraph 1.1 (Remote Service (including our PC Mate));
• (b) paragraph 1.3 (Service Limitations);
• (c) paragraphs 2.2 and 2.5 (What Are We Undertaking To Do For You?);
• (d) paragraph 3 (What Are The Basic Requirements for Receiving our Services?);
• (e) paragraphs 4.3, 4.6 and 4.7 (What Else Do We Expect From You?);
• (f) paragraph 5 (Limitation of Liability);
• (g) paragraph 8.2 (Purchase of Third Party Goods and Equipment);
• (h) paragraph 9 (Your Information ' What Will We Collect and How Will We Use It?);
• (i) paragraphs 11 (Proprietary Rights), 12 (Circumstances Beyond Our Control) and 13 (Complaints and Disputes); and
• (j) as applicable, paragraph 14 (Miscellaneous); and
• 10.7 We would remind you that you (rather than any Customer Nominees) shall remain our customer at all times and paragraph 14.6 shall apply.

11. Proprietary Rights

Virgin Digital Help (or its suppliers or licensors, as the case may be) retains ownership of all intellectual property and other proprietary rights in the Services, in all goods provided to you and in all trade names, trademarks, logos, designs, creative works and service marks associated or displayed with such goods and Services. You shall not remove, deface or obscure any copyright or trademark notices and/or legends or other proprietary notices associated such goods or Services. You shall not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Tool associated with the Services.

12. Circumstances Beyond Our Control

Occasionally we may fail to do (or be delayed in doing) what we have said we will do due to matters beyond our reasonable control (including, for example, fire, flooding, earthquake, epidemic or other natural disaster, acts of God, accidents, strikes, lockouts or other industrial action, terrorist activity, war, riot, civil commotion, embargoes, acts of civil or military authorities, shortages of transportation, telecommunications networks, facilities, fuel, energy, labour or materials). If this happens we shall not be responsible for any such failure or delay.

13. Complaints and Disputes

In relation to any queries or complaints regarding our Services or these Terms, please call us on 1 866 805 2449, write to us at the postal address set out at the bottom of these Terms or email us at theteam@virgindigitalhelp.com, quoting your full name, the name of the business (if you are a Corporate), address, phone number and any relevant reference number. Our goal is to seek to resolve all emailed and telephone complaints within 5 working days of receipt and all written complaints within 7 working days of receipt.

Please note that all your calls, emails, internet chat or other electronic correspondence with us may be monitored and recorded for training, security, compliance, quality control and other business purposes, as well as to seek to identify and prevent criminal activity.

14. Miscellaneous

14.1 Paragraph headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms in any way.

14.2 A reference in these Terms to any other terms, policy, schedule or other document is a reference to them as amended or supplemented from time to time.

14.3 References to a 'person' include a firm, partnership, company, corporation, individual and any other legal entity.

14.4 The words 'include(s)' and 'including' shall be construed as being by way of illustration only and shall not limit the generality of any preceding words.

14.5 You may not transfer any of your rights or obligations under these Terms to another person. We may transfer all or any of our rights and obligations under these Terms to another suitable or reputable organisation but this will not affect your rights under these Terms.

14.6 Save in the case of an assignment of the Terms by Virgin Digital Help, no provision of these Terms shall be enforceable by or confer any rights on a person other than the customer and Virgin Digital Help under the applicable law.

14.7 The Services are not transferable. You may not use the Services on behalf of any third party or, if you are a Consumer, with respect to any hardware or software not personally owned by you.

14.8 Any failure by either you or us to enforce or exercise any right or remedy under these Terms or by law does not constitute a waiver of the right or remedy or any other rights or remedies. Partial exercise of any right under these Terms shall not preclude any further or other exercise of that right or other right under these Terms. Our rights under these Terms may only be waived expressly in writing.

14.9 If any provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of these Terms, which shall continue in full force and effect in accordance with these Terms to the fullest extent permitted by law.

14.10 Other than expressly set out elsewhere in the Terms, any notice to be given under these Terms shall be given in writing signed by or on behalf of the party giving it and shall be served by delivering it by hand or sending it by first class post (i) to you at the postal address which you provide us for correspondence from time to time, or (ii) to us at the address given below, (as the case may be). Any such notice shall be deemed to have been received (i) immediately if delivered by hand (or, if not between 9 a.m. and 5 p.m. on a working day, at 9 a.m. on the next following working day) or (ii) 72 hours after posting if sent by first class post (or, if not between 9 a.m. and 5 p.m. on a working day, at 9 a.m. on the next following working day).

• Virgin Digital Help's address for notices is:
• Virgin Digital Help Limited
• 30 St Mary Axe
• 33rd Floor
• London EC3A 8EP
• UK
• For the attention of: The Team

Please note that where these Terms refer to us giving you notice 'in writing', this shall also include SMS sent to the mobile phone number you have provided for correspondence from time to time and/or email to the email address you have provided for correspondence from time to time. Any such notice given by us by SMS or email shall be deemed to have been received one day after the day on which the SMS or email was sent to the aforementioned mobile phone number or email address (as the case may be). No notices in connection with these Terms may be served by the customer by SMS, fax or email unless these Terms explicitly state otherwise.

Important! We may send you emails or SMS messages occasionally but we will never send you an email or SMS which asks for your username or password or directs you to a web page which asks for this information. If you receive any email or SMS which appears to be from Virgin Digital Help or which you suspect is fraudulent, do not click on any links contained in it and do not provide any credit or debit card details or your username or password. Please contact us at 1 866 805 2449 or at theteam@virgindigitalhelp.com.

14.11 'Working day' shall mean Monday to Friday excluding public holidays in the United States.

14.12 References to the masculine gender shall include the feminine and vice versa.

14.13 These Terms and any non-contractual obligations arising in connection with them shall be governed by and construed in accordance with the laws of the State of New York. All disputes and claims relating thereto shall be subject to the exclusive jurisdiction of the Courts in New York only.