Brogan Business Services Ltd. Terms & Conditions for the Provision of Equipment and/or Mobile Network Services.

1.         DEFINITIONS 

In these Conditions, the following expressions shall have the following meanings: 

“Anti-Bribery Laws” means any and all statutes, statutory instruments, byelaws, orders, directives, treaties, decrees and laws which relate to the antibribery and/or anti-corruption, including (without limitation) the Bribery Act. 

“Bribery Act” means the Bribery Act 2010. 

“Bar” and “Barring” means the act of barring the Customer from making or receiving certain services on the Equipment. 

“Business Day” means any and all days between Monday and Friday in any week but excluding English bank holidays or public holidays. 

"Charges" means the charges payable by the Customer for Equipment and Mobile Network Services as described and at the rates (appropriate to the chosen Tariff) as set out in the Tariff, including without limitation any call charge, access charge, connection charge, minimum charge, value added service charge and/or early termination charge. 

“Company” means Brogan Business Services Ltd with company registration number 11523165 and registered office: 10 Brooklands Court, Kettering Venture PArk, Kettering NN15 6FD

“Connection" and “Connected” means the connection of the Equipment or SIM Card to the selected tariffs and Systems. 

“Contract” means this agreement between the Customer and the Company for the provision of the Mobile Network Services incorporating these Conditions, the Order Form, any Service Specific Conditions and/or Promotional Terms and any other document incorporated by reference into the Contract. 

"Customer" means the person, firm or company specified on the Order Form and any other person appearing to act within that person’s, firm’s or company’s authority and includes where relevant the Customer’s permitted assigns. 

“Director” means a director of the Company authorised to sign any Order Form; 

"End User" means a user of the Mobile Network Services. 

“Equipment" means the approved device and SIM Card connected to the System and/or any accessories and/or equipment supplied without any connectivity. 

“General Conditions” means the general conditions of entitlement set by OFCOM, in accordance with section 45 of the Communications Act 2003, as may be amended, modified or replaced from time to time; 

“Group” means together a person, its Parent Undertakings, its Subsidiary Undertakings and the Subsidiary Undertakings of any of its Parent Undertakings from time to time; 

“Migration” means the transfer of a mobile number to any alternative service provider on the same network. 

"Minimum Term” has the meaning given to it in condition 3.2. “Mobile Network Service(s)" means the provision of airtime, SMS, MMS and/or data, together with any other services identified in this Contract, by means of the Systems offered by the Company. 

“Normal Working Hours” means 9.00am to 5.00pm on any Business Day. 

“OFCOM” means the Office of Communications and/or any successor body; 

“Order Form” means the order form to which these Conditions are attached or which is expressed to be subject to these Conditions which sets out the detail of the order, including (without limitation) the Customer’s details and the Equipment and/or Mobile Network Services to be supplied under the Contract. 

“Parent Undertaking” has the meaning given to it in section 1162 of the Companies Act 2006. 

“Party" means the Company or the Customer, and "Parties" shall refer to both of them. 

“Payment Date" means the date determined by the Company on which the Company's invoices fall due for payment. 

“Personal Data" has the meaning given to it in the Data Protection Act 1998. 

“Portability" means the transfer of a mobile number or Mobile Network Service to any alternative mobile service provider and/or mobile service operator. 

“Promotional Terms” means any additional terms which are to apply in relation to the charges payable by the Customer under the Contract (for any particular goods or services to be provided thereunder) and which may be specified on the Order Form and/or notified by the Company in writing to the Customer in relation to the relevant goods and/or services, at the time the relevant Order Form was submitted; 

“Rate of RPI” means the retail price index percentage change over 12 months announced by the Office for National Statistics (or successor body) in the month preceding an RPI Increase. 

"Relevant Laws" means any statute, regulation, bylaw, ordinance or subordinate legislation which is in force for the time being to which a party is subject; the common law as applicable to the parties (or any one of them); any binding court order, judgment or decree applicable to the parties (or any one of them); and any applicable industry code, policy, guidance, standard or accreditation terms (i) enforceable by law which is in force for the time being, and/or (ii) stipulated by any regulatory authority to which a party is subject, in each case, for the time being. “RPI Increase” means an increase in the monthly subscription charges pursuant to condition 6.3. 

“Service Operator” means any mobile network operator. 

“SIM Card" means a module which contains Customer Information and which, when used with Equipment, enables access to the Mobile Network Services. 

“Small Business Customer” means a Customer who has been identified on the Order Form as being a Customer who: (i) is not a communications provider; and (ii) has 10 or less workers (whether as employees or volunteers or otherwise); 

“Service Specific Conditions” means any additional terms and conditions which are to apply to the Contract as specified on the Order Form or these Conditions in respect of specific Services; 

“Software” means software provided by the Company to the Customer to enable the Customer to use the Mobile Network Services.   

“Subsidiary Undertaking” has the meaning given to it in section 1162 of the Companies Act 2006. 

"System(s)” means the public telecommunications systems that the Company makes available to the Customer.  

“Tariff” means the Company’s tariff for each of the Mobile Network Services which is provided to the Customer and/or set out at www.broganandco.co.uk or at such other web address as is notified to the Customer by the Company from time to time and/or used by the Company to calculate the Charges. 

“Upgrade” means any supply of a new handset or mobile device.  

“User Instructions” has the meaning given to it in condition 8.1.7


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©2019 Brogan & Co.