1. In these standard terms and conditions the following words will have the following meanings:
1.1. "CALL CHARGES" means the price charged to each participant by the participants own network operator.
1.2. "STANDARD CONTRACT" means the contract between 03TALK and the Customer for the provision of 03TALK Services. The Contract is subject to these Terms and Conditions and any applicable terms on the 03TALK website.
1.3. "CUSTOMER" (also referred to as "You" in these Terms and Conditions) means any individual or legal person to whom 03TALK provides 03TALK Services in accordance with these Terms and Conditions.
1.4. "03TALK PLANS" means the services set out in the 03TALK Plans to which the STANDARD CONTRACT Plan charges apply.
1.5. "OPERATIONAL SERVICE DATE" means the date specified by 03TALK to the Customer as the date on which the services are operational and if applicable it will commence applying the 03TALK PLANS STANDARD CONTRACT charges - this is the date that conference rooms are issued and or registration is complete for 03TALK PLAN services.
1.6. "CONTRACT PERIOD(s)" means a period of 12 months excluding the REGISTRATION PERIOD commencing on the Operational Service Date or an anniversary of the Operational Service Date.
1.7. "CONTRACT TERMS(s)" the contract begins on the OPERATIONAL START DATE with the 1st contract payment due on the 1st of each Calendar month and running for the CONTRACT PERIOD. Payment is taken in advance for services with the customer eligible for a non-chargeable period i.e. the month of their registration.
1.8. "FORCE MAJEURE" means any circumstances beyond the control of 03TALK or the Customer (including, without limitation, any external network failure, technical limitation, power failure, change in regulations, strike or other industrial action).
1.9. "03TALK" (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 Metropolitan House, Station Road, Cheadle Hulme, Cheshire SK8 7AZ.
1.10. "03TALK NETWORK" means the telephone network operated by 03TALK Ltd.
1.11. "03TALK PIN CODE" (also referred to as "03TALK PIN" and "PIN") means the Personal Identification Number allocated to the Customer for access to 03TALK Services.
1.12. "03TALK SERVICES" means telephone conferencing services which enable the Customer and/or other Participants to engage in simultaneous telephone calls involving two or more linked telephone connections. For details of the availability of 03TALK Services please refer to the 03TALK website.
1.13 "OFCOM" means the Office of Communications or equivalent statutory body appointed to oversee the telecommunications industry.
1.14. "PARTICIPANT" means any person using the 03TALK Services.
1.15. " REGISTRATION PERIOD" - 03TALK offer the number of days still remaining in a month from date of registration as a FREE of Charge period.
2.1. 03TALK is the provider of 03TALK Services and shall act with good skill and care to provide the service.
2.2. 03TALK Service allows multiple participants to connect simultaneously over the 03TALK Network.
2.3. The 03TALK Service is subject to capacity availability and 03TALK do 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 03TALK 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.
3.1. For the avoidance of doubt we do not charge the Customer or other Participants directly for the use of TALKNOW Plan or "Generate your conference" Services.
3.2. Each participant 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 typically included in bundled minutes (if available).
3.3. Participants should check with their telephone network operator to confirm the Call Charge rate for the dial-in number applicable to the Service.
3.4. We do not charge any cancellation or booking fees for use of the 03TALK TALKNOW or Generate Your Conference Service.
4.1. The Standard Charges payable for the TALKMORE & TALKFOREVER PLANS are set out in the 03TALK Website. All prices exclude Value Added Tax unless otherwise indicated.
4.2. Subject to any special terms agreed, the Customer shall pay 03TALK's Standard Charges and any agreed additional sums, including VAT and any applicable bank charges as they fall due, for the provision of the required 03TALK PLAN Services.
4.3. 03TALK shall be entitled to vary its Standard Charges from time to time by giving not less than one month's written notice to the Customer.
4.4. If payment as defined under the CONTRACT TERMS for 03TALK PLANS are not made on the due date, 03TALK shall be entitled, without limiting any other rights it may have:
To charge interest on the outstanding amount (both before and after any judgment) at the rate of 5% above the Bank of England base rate from time to time from the due date until the outstanding amount is paid in full; and/or To suspend or disconnect the 03TALK PLAN Services for which payment is overdue, and/or cancel your contract.
4.5. If we do suspend or disconnect any 03TALK PLAN Service as a result of a Customer's failure to pay on the due date, we reserve the right to make a resumption of service and/or reconnection charge, and such suspension or disconnection shall be without limitation or reduction of your obligations under your contract.
4.6. Each participant 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.
4.7. Participants should check with their telephone network operator to confirm the Call Charge rate for the dial-in number applicable to the Service.
4.8. For the avoidance of doubt the 1st charge due for payment will occur on the 1st of the calendar month after registration this will be a payment in advance for that months services. The remaining time period of the registration month is Free of Charge.
4.9. Acceptance of your order will be confirmed by an email sent to the address you have provided. Your 03TALK Services will then be activated, normally on the same working day.
4.10. Our written confirmation of acceptance of your order creates a legally binding Contract between us.
4.11. If within 14 days of placing an order for 03TALK Services you are for any reason not entirely satisfied with your decision, you may cancel the order and we will return the fee paid by you (if any) - see CONTRACT PERIOD & REGISTRATION PERIOD.
5.1. In addition to agreeing to pay 03TALK Standard Contract Charges and any other applicable charges, you warrant and undertake that your use of the 03TALK Services will comply with these Terms and Conditions and with any applicable legislative and regulatory provisions.
5.2. You acknowledge and agree to be bound by the terms of our privacy policy, a copy of which can be obtained from the 03TALK Website.
5.3. It is the Customer's responsibility to visit the 03TALK Website regularly to check for any notices which may have been posted.
5.4. 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.
5.5. You will not use 03TALK Services for any illegal purpose and shall indemnify and keep so indemnified 03TALK in respect of any liability howsoever incurred as a result of any unlawful or illegal usage of the 03TALK Services supplied to you.
5.6. You are responsible for the security and proper use of your 03TALK Conference Room once you have received it.
5.7. You may distribute the 03TALK Conference Room to other participants for the purpose of them participating in the Service.
5.8. You must not resell, transfer, assign or sublet any 03TALK Service to a third party irrespective of whether you obtain any benefit in return. You shall indemnify 03TALK and shall hold 03TALK harmless against any and all claims by third parties arising directly or indirectly from the reselling, transfer, assignment, subletting or use of any 03TALK Services that were provided to you.
5.9. 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 provisions of the Communications Act 2003 or any other similar rules relating to usage of communications systems laid down by OFCOM.
5.10. You must not use any 03TALK Service or allow any other person to use any 03TALK Service to:
5.10.1. Commit or encourage a criminal offence
5.10.2. 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;
5.10.3. Do anything which is contrary to the acceptable use policies of any connected networks and internet standards;
5.10.4. Deliberately knowingly or recklessly transmit or distribute a virus;
5.10.5. Hack into or disrupt any aspect of 03TALK Services;
5.10.6. Cause annoyance to any other users of 03TALK Services;
5.10.7. Infringe the intellectual property rights of any other person whether in statute or common law, whether registered or not;
5.11. You must act fairly and responsibly in your use of 03TALK Services, and in particular you must avoid any excessive, unnecessary, wasteful, frivolous or otherwise unreasonable use of 03TALK Services as determined by 03TALK at our sole discretion.
5.12. If you breach any of the conditions in this clause we reserve the right to terminate your 03TALK Services immediately without compensation, in addition to any other rights reserved to us in these Terms and Conditions.
5.13. 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 03TALK website from time to time.
5.14. To be removed from the 03TALK mailing lists your Conference Rooms and Access Pins must be removed from the system and you will no longer be able to use the conference call service.
5.15. 03TALK reserve the right to contact you by SMS for operational and promotional purposes, you can opt out of these messages by contacting us at our address or telephone numbers published on the 03TALK website.
5.16. When you register for the service of either TALKNOW, Generate your Conference, TALKMORE or TALKFOREVER you must provide a current valid email address. This email address will be used by us to communicate service messages and for marketing purposes.
5.17. 03TALK also collects email addresses from participants and reserves the right to send singular service / marketing announcements such as date / time of conference that they have been invited to.
6.1. The Contract Period begins on the Operational Service Date and will continue thereafter for a further Contract Period(s) until terminated by either party in accordance with the provisions of this contract. The Contract Period applies to all 03TALK PLAN Standard Contracts subject to this Contract and excludes the REGISTRATION PERIOD.
7.1. We reserve the right to suspend or disconnect services indefinitely, or cancel the Contract for the supply of 03TALK PLAN Services, if:
You have placed an order for an 03TALK PLAN with customer details which upon investigation in our opinion is incomplete, inaccurate, false or fraudulent;
Any part of the 03TALK services you have ordered was listed on the 03TALK Website at an incorrect price due to a typographical error or an error in the pricing information received by us from our supplier;
You fail to pay our Standard Charges or any other agreed charges;
In our reasonable opinion you are in breach of any of the condition in clauses 4 to 5.17 above;
For reasons outside our control we cannot continue to provide the 03TALK Service(s) in question.
7.2. If we do cancel your contract we will notify you by email and if appropriate we will credit to you any sum deducted by us from your credit or debit card or taken by any other payment methods (direct debit,invoice) as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation. We reserve the right to charge you a higher price for the Number or Number Service in the event of reactivation of your account, or creation of a new account, following termination of your Contract for any reason.
7.3. Any notice under this contract must be delivered or sent by email, post or fax as follows:
a. To us at Nexbridge Communications Limited, Metropolitan House, Station Road, Cheadle Hulme, SK8 7AZ
b. To us via fax to +44 (0) 330 330 3367
c. To us via email to info@03TALK.com
8.1. Should a Conference Room remain unused for more than 180 days, it will automatically expire. You may reapply for a new 03TALK Conference Room at the 03TALK website.
8.2. At our sole discretion we reserve the right to suspend or disconnect services indefinitely, or cancel the Contract for the supply of 03TALK Services at anytime and without prior notice.
9.1. 03TALK undertakes to supply 03TALK Services to the Customer with reasonable care and skill, but does not warrant or undertake that the 03TALK Services will operate without fault or interruption. You should only make use of 03TALK Services if you accept that there is a risk of interruption or loss of connection.
9.2. 03TALK cannot guarantee the quality of products or services provided by third parties which affect the quality of 03TALK Services. However, we will use reasonable endeavours to resolve any disputes.
9.3. 03TALK shall use all reasonable endeavours to correct as soon as is reasonably practicable any fault notified by you.
9.4. 03TALK shall have no liability to you for any failure, fault or delay in the provision of any 03TALK 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.
9.5. Save as required by law, we will not be liable to you or any other Participant 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.
9.6. You are solely responsible for ensuring compliance with all relevant regulations and legislation relating to the use of 03TALK Services 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.
9.7. 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 03TALK Services provided hereunder.
10.1. Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at info@03TALK.com All notices from us to you will be sent to the email address provided or displayed on the 03TALK Website from time to time.
10.2. 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.
10.3. Except for our affiliates, directors, employees, or representatives and except as provided in this agreement, 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.
10.4. The Contract and all rights under it may be assigned or transferred by 03TALK to any third party.
10.5. 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.
10.6. 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 03TALK Services 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 any 03TALK Service offered by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
10.7. 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.
10.8. 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 03TALK.
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