1.      Customer Obligations

(a)         The Customer shall provide all technical information required by Console Connect, including its AS number, which is registered with RIPE-NCC or another equivalent body depending on their relevant geographical area, to Console Connect.

(b)       The Customer shall carefully follow the instructions given by Console Connect and/or France-IX in order to access the Exchange Point and the instructions relating in particular to configuration of their ports and hardware.

(c)       The Customer agrees that it is willing to exchange traffic with other customer(s) in relation to the Service.

(d)       Provision of IP transit by the Customer is not allowed in the Public Peering LAN.

(e)       By using the Service, the Customer authorizes Console Connect and/or France-IX to make references to its name, brand and /or logo, on the France-IX website and in its sales literature, unless the Customer indicates to Console Connect in writing otherwise.

2.      Console Connect Rights

(a)        Console Connect may rate-limit the Customer in its absolute discretion.

(b)        Console Connect may change the Committed Rate of the Customer at any time. The price change shall come into effect on the effective date of the change and shall be applied on a pro rata temporis basis on the first invoice following the effective date of the Upgrade or Downgrade. The price change shall come into effect on the effective date of the change and shall be applied on a pro rata temporis basis on the first invoice following the effective date of the Upgrade or Downgrade.

3.      Suspension and Termination

(a)        Console Connect may, in its sole direction, immediately suspend the Service to the Customer or terminate the relevant Order Form or the Agreement without any liability whatsoever in any of the following events:

1. 1. 1. failure by the Customer to respect the filtering of unauthorised flows or protocols on its Connection affecting the technical platform and/or the quality of the Service (for example, in the event of detection of a loop or illegitimate traffic);
      2. a security issue arising from the Customer’s Connection, generating abnormal flows or attacks on the platform;
      3. a hardware or physical issue on the Reseller’s port or on the Customer’s equipment connected to the platform, generating instability of the platform;
      4. a security issue (such as a fire or air conditioning failure in the data center) which would jeopardise the integrity of the Equipment;
      5. If a Customer’s traffic on the France-IX Public Peering platform, measured over a period of 30 calendar days using the 95° Percentile Method, exceeds the Committed Rate subscribed to by the Customer;
      6. if the Customer fails to perform its obligations or breaches any applicable material terms under these Terms and Conditions and fails to remedy the non-performance or breach within thirty (30) days after receipt of a written notice from the Company and/or Console Connect to do so;
      7. the Customer uses the Service illegally or in a manner obviously against public policy and fails to cease such use of the Service within thirty (30) days after receipt of a written notice from the Company and/or Console Connect to do so;
      8. if there is a saturation of the Ethernet ports; or;
      9. if the Customers are unable to prove active traffic on the Exchange Point for a period of six (6) months.

Console Connect will not be liable for any and all damage caused to the Customer due to suspension for any events set forth above, and in the event of suspension due to (v) above, Console Connect reserves the right to charge the Customer for any penalty charged by France-IX to Console Connect as a result of such event(s).
(b)          If the relevant Order Form or the Agreement is terminated by Console Connect pursuant to clause 3(a) before the Minimum Contract Period, the Customer is liable to Console Connect for liable for all charges payable to Console Connect for the unexpired months of the Minimum Contract Period, as specified in the relevant Order Form (the “Cancellation Charge”). The Parties agree that the Cancellation Charge is an agreed reasonable pre-estimate of the anticipated losses suffered by Console Connect if the Service is terminated before the Minimum Contract Period ends.

(c)           Nothing shall prevent Console Connect to terminate these Terms and Conditions or the Agreement without any liability if there is any suspension of the Service.

(d)           The Customer shall indemnify and keep Console Connect fully indemnified for any and all losses suffered by Console Connect resulting from all claims and actions brought by third parties.

(e)           Notwithstanding anything contrary in the Agreement, the amount of the financial reparation that each party may have to pay to the other party during one contractual year, taking into account all damages combined, is limited to the total amount of the costs paid by the Customer in consideration for the Service in the immediately preceding contractual year but so that any claims arising in the first contractual year shall be subject in the aggregate to a maximum financial reparation calculated as the average monthly charges in that first contractual year x the number of months in that contractual year starting from the date on which the first services were provided hereunder. This compensation cap shall not apply in cases of fraudulent or grossly negligent acts or omissions or in case of infringement committed by either Party under these Terms and Conditions and/or the Agreement.

(f)           Nothing in these Terms and Conditions shall be construed as limiting or restricting a Party’s liability for death, or personal injury resulting from its negligence, breach of confidentiality, fraud, or the obligation to indemnify the other Party hereunder.

 

4.      Definition

Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Agreement.

1. 1. 1. “Agreement” means the master services agreement and/or other general terms and conditions agreed between the Customer and Console Connect, including the Specific Terms and Order Form relating to the Service.
      2. AS (Autonomous System): the AS number refers to the identifier enabling a Customer to establish a peering on the Exchange Point.
      3. Committed Rate: refers to the level of the guaranteed flow commitment subscribed by the Customer(s) within the limit of the physical capacity of the port.
      4. “Company” means DE-CIX International GmBH, located at Lichtstr, 43i, 50825 Koln (Cologne), Germany.
      5. “Customer” means any person, firm or company to whom Console Connect provides the Service.
      6. “Downgrade” refers to the fact that the Console Connect reduces a Customer’s Committed Rate.
      7. “Exchange Point” refers to the physical infrastructure enabling different customers to exchange Internet traffic between their autonomous systems networks through mutual “peering” agreements.
      8. “France-IX” means FRANCE IX SERVICES, a simplified joint stock company organised and existing under French law.
      9. “Minimum Contract Period” means the fixed period during which the Customer agrees to pay for the Service and as used herein, refers to both the initial term of an Order Form and any renewal term of the same Order Form.
      10. “Public Peering / Peering” refers to the principle of two Customers exchanging traffic on the public peering VLAN via the BGP routing protocol (Border Gateway Protocol) through their Connection.
      11. “RIPE-NCC” means Réseaux IP Européens [European IP networks] – Network Coordination Center.
      12. “Upgrade” refers to the fact that the Console Connect increases a Customer’s Committed Rate.
      13. “95° Percentile Method” refers to a measurement method consisting of measuring the inbound traffic and outbound traffic of a Customer on the Service interface. The resulting measurements are sorted in ascending order for each direction over a one-month period. The highest 5% of samples are ignored in the calculation of the 95th percentile.