# TiVo Service Agreement for BSKYB customers



## spitfires (Dec 19, 2006)

> Anyone got the full text (or a link to same) of the original agreements?


TiVo Service Agreement for BSKYB customers
http://www.tivo.com/abouttivo/policies/BSKYB-tivoserviceagreement.html

From Clause 15:


> TiVo reserves the right to terminate your account and this Agreement for any other reason or no reason if TiVo gives you at least 30 days advance notice of such termination.


"Lifetime" means (and always has meant) a rolling 30-day period. Note especially the phrase "no reason".

From Clause 14:


> A "Product Lifetime Subscription" to the TiVo service covers the life of the TiVo DVR you buy - not the life of the subscriber.


From Clause 14:


> The subscription remains in effect if the TiVo DVR needs to be repaired or replaced due to a malfunction (see manufacturer or retailer warranty details) or even if you upgrade your TiVo DVR to increase storage capacity (though such upgrades, if not performed by TiVo or a TiVo-authorized third party, will void the warranty on your TiVo DVR and constitute a breach of this Agreement).


In other words if you modify your TiVo in any way you are in breach of the Agreement and so TiVo may not have to honour it.

From Clause 6:


> TiVo may at its discretion and from time to time change, add, or remove features and functionality of the TiVo service or the TiVo DVR without notice. TiVo reserves the right to discontinue one, some, or all of the features of the TiVo service you receive at any time at its discretion.


From Clause 21:


> This Agreement will be governed by the laws of the State of California as such laws apply to agreements between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.


Codicil:


> BY USING THE TIVO SERVICE, I REPRESENT THAT I HAVE READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND I AGREE TO ALL THE TERMS OF THIS AGREEMENT AS STATED ABOVE.


(written to inform not support or decry)


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## Steve_K (May 5, 2001)

Thanks :up:

(if anyone had the energy to take this to court) I reckon that 30 day clause would be deemed unfair *.

Section 21 is as you say less good


> You and TiVo agree to submit to the exclusive personal jurisdiction of the courts located within the county of Santa Clara, California. . .


Maybe could be ruled out as unfair *

Would also be interesting to see what the original agreement was before the Dec 2010 changes. That's what they are contracted to.

Problem is TiVo know full well most of us have either modified the equipment or are just too damn busy to go to the effort of claiming back £199 for terminating the service.

* it's the _Unfair Terms in Consumer Contracts Regulations 1999 _ that apply


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## TCM2007 (Dec 25, 2006)

The older service agreement was the same in all those clauses.

Even if you won such an action, the compensation would be the cost of the lifetime sub (&#163;199) less the value you have received from the contract to date (&#163;10 for each month). Which would be zero of course.


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## spitfires (Dec 19, 2006)

> Would also be interesting to see what the original agreement was before the Dec 2010 changes. That's what they are contracted to.


Until such time as they are replaced.

Clause 1:


> TiVo may at its discretion change the terms of this Agreement. Such changes are effective upon notification by TiVo.


Therefore whatever words were written when you took up the service in 2000-2 are irrelevant and replaced by the December 2010 Terms. Tivo notified everyone via system message of the revised terms. Your continued use of the Service implies acceptance of those terms. (Whether you read them or not).

(That's "You" in the royal sense not meaning you personally Steve_K  )


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## okonski_uk (Dec 28, 2000)

What of the fact the tuner doesn't work? They have a silver bullet of a defence by saying the closure is in line with the technology change and the boxes are now not fit for the originally designed purpose. The fact the former problem was not under the control of TiVo themselves, any potential legal action would be not only risky, but ill-advised.


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## steveroe (Oct 29, 2002)

okonski_uk said:


> What of the fact the tuner doesn't work? They have a silver bullet of a defence by saying the closure is in line with the technology change and the boxes are now not fit for the originally designed purpose.


I have never used the internal tuner on my Tivo - one of originally designed purposes was to work with external digital sources.

Besides, the analogue switch off is over a year away.


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## Trinitron (Jan 20, 2003)

steveroe said:


> I have never used the internal tuner on my Tivo - one of originally designed purposes was to work with external digital sources.
> 
> Besides, the analogue switch off is over a year away.


For some. The internal tuner in my TiVo became redundant at the end of 2009 (Granada).


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