1. In these standard terms and conditions the following words will have the following meanings:
1.1. “CALL CHARGES” means the price charged (if applicable) to you for calls terminating to a PSTN destination other than a UK freephone or mainland landline number (which excludes the Channel Islands and the Isle of Man) from the 03NOW number(s) allocated to you. Calls terminating to SIP addresses are not charged.
1.2. “STANDARD CONTRACT” means the contract with the Customer for the provision of the 03NOW Service. The Contract is subject to these Terms and Conditions and any applicable terms on the 03NOW website.
1.3. “CUSTOMER” (also referred to as “You” in these Terms and Conditions) means any individual or legal person to whom Nexbridge provides 03NOW Services in accordance with these Terms and Conditions.
1.4. “FORCE MAJEURE” means any circumstances beyond the control of Nexbridge or the Customer (including, without limitation, any external network failure, technical limitation, power failure, change in regulations, strike or other industrial action).
1.5. “03NOW” (also referred to as “We” and “Us” in these Terms and Conditions) is a trading name of Nexbridge Communications Limited, whose place of business is:
Unit 10, Clock Court
Campbell Way
Dinnington
Sheffield
S25 3QD
1.6. “03NOW NETWORK” means the telephone network operated by Nexbridge Communications Ltd.
1.7. “03NOW SERVICE” (also referred to as “Service”) means the telephone service which enables the Customer to route calls from an 03NOW telephone number to a PSTN or SIP destination. For details of the availability of the 03NOW Service please refer to the website at 03NOW.co.uk.
1.8 “OFCOM” means the Office of Communications or equivalent statutory body appointed to oversee the telecommunications industry.
2. Obligations of 03NOW for the provision of the 03NOW Service:
2.1. 03NOW is the provider of the 03NOW Service and shall act with good skill and care to provide the service.
2.2. The 03NOW Service allows callers to dial an 03NOW telephone number and have the call forwarded to a PSTN or SIP destination over the 03NOW Network, subject to restrictions based on the cost of the delivering calls to the destination in question.
2.3. The 03NOW Service is subject to capacity availability and 03NOW does not guarantee that the number of connections required by Customers will always be available at any given time.
2.4. We shall endeavour to make the 03NOW Service available 24 hours a day and 7 days per week, EXCEPT:
2.4.1. In the event of planned maintenance;
2.4.2. In the event of emergency maintenance;
2.4.3. In the event of circumstances beyond our control.
3. Charges for the Service
3.1. For the avoidance of doubt, we do not charge the Customer for the use of our 03NOW Service where the calls are forwarded to a UK freephone or mainland landline number (which excludes the Channel Islands and the Isle of Man), or to a SIP address. The 03NOW numbers allocated by default are done so free of charge, however charges may apply for additional services (such as calls being forwarded to other UK or overseas telephone numbers, or the allocation of specific or memorable 03NOW numbers requested by the Customer), as introduced from time to time and as stated on the 03NOW website at 03NOW.co.uk.
3.2. Each caller dialling the 03NOW number will pay the Call Charges on the telephone bill issued by their telephone network operator at the prevailing Call Charge rate for calls to the dial-in number. 03 calls are Ofcom regulated and included in bundled minutes (if available) and charged at Standard Geographic Rates (the same as calls to mainland landline numbers) for calls made out of bundle.
3.3. Callers should check with their telephone network operator to confirm the Call Charge rate for the dial-in number applicable to the Service.
4. Customer obligations
4.1. You warrant and undertake that your use of the 03NOW Service will comply with these Terms and Conditions and with any applicable legislative and regulatory provisions.
4.2. You acknowledge and agree to be bound by the terms of our privacy policy, a copy of which can be obtained from the 03NOW website.
4.3. It is the Customer’s responsibility to visit the 03NOW website regularly to check for any notices which may have been posted.
4.4. In the case of any Customer who is an individual about whom we process personal data (as defined by the Data Protection Act 1998), you agree that we may use such data for the purpose of our business and to provide you with details of our other products which may be of interest you.
4.5. You will not use the 03NOW Service for any illegal purpose and shall indemnify and keep so indemnified 03NOW in respect of any liability howsoever incurred as a result of any unlawful or illegal usage of the 03NOW Service supplied to you.
4.6. You are responsible for the security and proper use of your 03NOW number once you have been allocated it.
4.7. You may distribute or market the 03NOW number to calling parties to enable them to contact the number for the purposes of receiving calls via the 03NOW Service.
4.8. You must not resell, transfer, assign or sublet any 03NOW Service to a third party irrespective of whether you obtain any benefit in return. You shall indemnify 03NOW and shall hold 03NOW harmless against any and all claims by third parties arising directly or indirectly from the reselling, transfer, assignment, subletting or use of the 03NOW Service provided to you.
4.9. You must not do any act nor omit to do any act or allow anyone else to do any act or omit to do any act in contravention of the any of the provisions of the Communications Act 2003 or any other similar rules relating to the usage of communications systems laid down by OFCOM.
4.10. You must not use the 03NOW Service or allow any other person to use the 03NOW Service to:
4.10.1. Commit or encourage a criminal offence;
4.10.2. Send or receive any material which is or may be construed as offensive, abusive, indecent, obscene, menacing, in breach of confidence, copyright, privacy or any other rights;
4.10.3. Do anything which is contrary to the acceptable use policies of any connected networks and internet standards;
4.10.4. Deliberately, knowingly or recklessly transmit or distribute a virus;
4.10.5. Hack into or disrupt any aspect of the 03NOW Service;
4.10.6. Cause annoyance to any other users of the 03NOW Service;
4.10.7. Infringe the intellectual property rights of any other person, whether in statute or common law, whether registered or not.
4.11. You must act fairly and responsibly in your use of the 03NOW Service, and in particular you must avoid any excessive, unnecessary, wasteful, frivolous or otherwise unreasonable use of the 03NOW Service as determined by 03NOW at our sole discretion.
4.12. If you breach any of the conditions in this clause we reserve the right to terminate the 03NOW Service immediately without compensation, in addition to any other rights reserved to us in these Terms and Conditions.
4.13. We reserve the right to amend, correct or make changes to these Terms and Conditions from time to time. Any such amendments, corrections or changes will be posted on the 03NOW website from time to time.
4.14. 03NOW reserves the right to contact you by email for operational and promotional purposes. You can opt out of these messages by contacting us at our address or telephone numbers published on the 03NOW website.
4.15. When you are registering for the Service on the 03NOW website, you must provide a current valid email address, contact name, address, telephone number and any information deemed essential for the provision of the 03NOW Service. The email address and/or telephone number may be used by us to communicate service messages and for marketing purposes.
5. Cancellation and variation of the contract
5.1. Any notice under this contract must be delivered or sent by post or email as follows:
a. To us via post to Nexbridge Communications Limited at:
Unit 10, Clock Court
Campbell Way
Dinnington
Sheffield
S25 3QD
b. To us via email to info [at] 03NOW [dot] co [dot] uk.
6. Suspension and discontinuation of Service
6.1. Should an 03NOW telephone number remain unused for more than 180 days, it may be removed from the Customer’s account to ensure that our telephone numbers are used efficiently. You may re-apply for a new 03NOW number at the 03NOW website at any time.
6.2. At our sole discretion we reserve the right to suspend or disconnect services indefinitely, or cancel the Contract for the supply of the 03NOW Service at any time and without prior notice.
7. Limitation of liability
7.1. 03NOW undertakes to supply the 03NOW Service to the Customer with reasonable care and skill, but does not warrant or undertake that the 03NOW Service will operate without fault or interruption. You should only make use of the 03NOW Service if you accept that there is a risk of interruption or loss of connection.
7.2. 03NOW cannot guarantee the quality of products or services provided by third parties which affect the quality of the 03NOW Service. However, we will use reasonable endeavours to resolve any disputes.
7.3. 03NOW shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by you.
7.4. 03NOW shall have no liability to you for any failure, fault or delay in the provision of the 03NOW Service caused by circumstances beyond our control, including without limitation any failure on the part of suppliers or external networks, change in law or regulation, Force Majeure (as defined), act of god, war, catastrophe or natural disaster.
7.5. Save as required by law, we will not be liable to you or any other person for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) by reason of any breach or non-performance of our obligations under this agreement and we shall have no liability to pay any money to you by way of compensation.
7.6. You are solely responsible for ensuring compliance with all relevant regulations and legislation relating to the use of the 03NOW Service, including without limitation the Communications Act 2003, any rules laid down by Ofcom including any relevant codes of practice and statements of application. You will indemnify us and hold us harmless against any liability we suffer as a result of any act or omission by you in breach of this clause.
7.7. In no event shall we or our network service suppliers be liable for any damages, including but not limited to loss of data, loss of revenue or profits, or for any other special, incidental, indirect or consequential damages, arising out of or in connection with the use of or inability to use the 03NOW Service provided hereunder.
8. Applicable law
8.1. Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact email address at info [at] 03NOW [dot] co [dot] uk. All notices from us to you will be sent to the email address corresponding to your 03NOW account.
8.2. If any part of these terms and conditions is unenforceable (including any provision in which we exclude or limit our liability to you), the enforceability of any other part of these conditions will not be affected.
8.3. Except for our affiliates, directors, employees, or representatives, and except as provided in this Contract, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
8.4. The Contract and all rights under it may be assigned or transferred by 03NOW to any third party.
8.5. The Contract shall be governed by and interpreted in accordance with English law and the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.
8.6. These Terms and Conditions, together with our delivery details, contact details and privacy policy, set out the whole of the Contract relating to the supply of the 03NOW Service to you by us. Nothing said by any other person on our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of the 03NOW Service offered by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
8.7. Any notice required or authorised to be given may be delivered to us by post at our registered office and to you by post to the last known address which we hold, and shall be deemed to have been served 72 hours after posting.
8.8. In the event of a dispute between the parties concerning your Contract, each of the parties shall in the first instance bring the dispute at the earliest opportunity to the attention of a director or similar officer of Nexbridge Communications Limited.