Conditions for Mobile Infill Infrastructure Solution
Schedule 1 – Definitions
1.
DEFINITIONS
1.1
In this Contract:
“Applicable Laws” means all and any statutes, regulations, byelaws or subordinate legislation in force from
time to time to which a party is subject, guidelines, notifications, determinations, directions, court orders,
judgements or decree decisions governing or affecting the conduct of either party’s business;
“BT” means British Telecommunications plc of 81 Newgate Street, London EC1A 7AJ registered in England
No. 1800000;
“BT Equipment” means equipment (including any software) placed by BT at or in connection with a Site to
provide the Service;
“BT Network” means BT’s Public Electronic Communications Network;
“BT Website” means the website located at URL http://www.openreach.co.uk/orpg/home/home.do or such
other website or URL as BT may notify the Communications Provider from time to time;
“Cabinet” means the BT owned street cabinet provided for the purpose of allowing CPs to install and maintain
CP Equipment;
“Code Powers” means the right to provide communications networks, to install and maintain apparatus in,
over and under land as set out in the Electronic Communications Code set out in schedule 2 to the
Telecommunications Act 1984 as amended by schedule 3 to the Communications Act 2003;
“Communications Provider or CP” means the person who signs this Contract with BT and is a person who
provides a Public Electronic Communications Network;
“Connection Charge” is the sum payable by the Communications Provider in accordance with the Openreach
Price List for provisioning of the Service;
“Contract” means the Conditions, Schedule 1, Schedule 2 and Schedule 3, the relevant sections of the
Openreach Price List, the Contract Form and an order;
“Contract Form” means the form signed by the Communications Provider and BT to enter into this Contract;
“Corporate Marks” means the registered or unregistered trade marks and service marks, house marks and
marks of ownership, trading names, brand names, domain names, distinctive colour schemes, devices, styles,
emblems and other manifestations associated with BT and/or the Communications Provider and in the case of
BT including the logotype comprising the letters BT and the piper device and/or the letters BT and the
connected world device and/or any elements of these marks;
“CP Customer” means customers taking the CP Service from the Communications Provider or the
Communications Provider’s resellers;
“CP Equipment” means the radio equipment to provide radio coverage at a Site and any ancillary equipment
for that purpose and any CP equipment ancillary to network connectivity for that radio coverage and any CP
alarm equipment;
“CP Personnel” means the employees of the CP and the subcontractors and agents (and each of their
employees, subcontractors and agents) of the CP;
“CP Service” means the service provided to the CP Customer comprising the Service provided by BT under
this Contract;
“Customer Service Plan” means a document containing details of the contacts for the support of the Service;
MiiS Contract Schedule 1 (Definitions)
© British Telecommunications plc
Page 1 of 3
Issue: 2
Dated: 29 October 2014
Conditions for Mobile Infill Infrastructure Solution
Schedule 1 – Definitions
“Emergency” means a serious situation or occurrence that happens unexpectedly and demands immediate
action;
“Force Majeure” means a matter beyond a party’s reasonable control including, but not limited to, act of God,
lightning, flood, exceptionally severe weather, subsidence, fire, explosion, war, civil disorder, national or local
emergency, statutory obligation, industrial disputes (including industrial disputes involving that party’s own
employees provided that such party has taken all reasonable steps to prevent and or resolve such industrial
disputes from arising), acts or omissions of local or of central government or of other competent authorities or
of persons for whom a party is not responsible or any other cause whether similar or dissimilar outside its
reasonable control;
“Good Industry Practice” means in relation to any undertaking and any circumstances, the exercise of that
degree of skill, care, prudence and foresight which could reasonably be expected of a highly skilled and
experienced professional;
“Group Company” means any direct or indirect subsidiary or any direct or indirect holding company or any
such subsidiary of any such holding company or any such holding company of such subsidiary, “subsidiary”
and “holding company” having the meanings defined in Section 1159 of the Companies Act 2006 as amended;
“ICNIRP” means the Guidelines issued by the International Commission on Non-Ionizing Radiation Protection
for limiting exposure to time-varying electric, magnetic and electromagnetic fields (up to 300GHz);
“Intellectual Property Rights” means any patent, petty patent, copyright, design right, community design right,
database right, semiconductor topography right, registered design, rights in know-how, or any similar right in
any part of the world and shall include any application for the registration of any patents or registered designs or
similar rights capable of registration in any part of the world;
“Interest Rate” means four percent above the base lending rate from time to time in force of HSBC PLC or
such other bank which is a member of CHAPS Limited as BT may from time to time nominate in writing;
“KCI” means the ‘keep customer informed’ messages received at various stages in the processing of an order
by BT;
“Network Information” means information about or related to BT’s network, whether written or oral, including
documentation, specifications, reports, data, notes, text, drawings, diagrams, images or sound or other
computer outputs, designs, circuit diagrams, inventions (whether patentable or not) and know-how and the
media (if any) on which such information is supplied excluding all Software;
“Ofcom” means the Office of Communications or its competent successor body or authority;
“Openreach Price List or Price List” means the document containing a list of BT’s charges and charging
terms for Service and which is available upon request;
“Order” means an order for the Service received from the Communications Provider as set out in the
Handbook;
“Public Electronic Communications Network” means a “Public Electronic Communications Network” as
defined in part 1 of the Schedule to the notification setting the general conditions under section 45 of the
Communications Act 2003;
“Relevant Notice Period” has the meaning given to it in clause 22.5;
“Service” means the supply of the mobile infill infrastructure service as described in more detail in Schedule 2
(Service);
“Site” means a place at which BT agrees to provide the Service;
MiiS Contract Schedule 1 (Definitions)
© British Telecommunications plc
Page 2 of 3
Issue: 2
Dated: 29 October 2014
Conditions for Mobile Infill Infrastructure Solution
Schedule 1 – Definitions
“Territory” means mainland United Kingdom but not including the Hull Area as set out in the pole catalogue
from time to time;
“Working Day” means any day other than Saturdays, Sundays, public or bank holidays in the United Kingdom
and in respect of certain parts of the Service, has the separate meaning attributed to it in the product
documentation describing that part of the Service.
MiiS Contract Schedule 1 (Definitions)
© British Telecommunications plc
Page 3 of 3
Issue: 2
Dated: 29 October 2014