LINX Remote Peering Service
1 The Service
a. Console Connect will provide the LINX Remote Peering Service (“Service”) in accordance with the specifications set out in the Console Connect IX Remote Peering Application Form accepted by Console Connect and the terms set out in these Terms and Conditions.
b. The scope of the Service includes the provision of (i) LINX Products and Services and (ii) Connectivity.
2 Customer Obligations
a. The Customer warrants that the Customer shall be a LINX member in order to use the Service. The Customer further warrants that the Customer shall abide by the terms and conditions laid out in the MoU in addition to the requirements set out in the LINX Memorandum and Articles of Association, and to continue to do so for as long as the Customer is a LINX member.
b. The Customer warrants that the Customer meets, and will continue to meet, the following requirements: (i) the Customer is a recognised legal entity or incorporated association, (ii) the Customer has an ASN (Autonomous System Number) assigned by one of the Regional Internet Registries (or their predecessors) or an alternative agreed by the LINX members, (iii) the Customer presents to LINX an Autonomous System that is visible from the LINX transit router; the Customer uses BGP-4 for peerings.
c. The Customer shall achieve operational peering within three months of becoming a LINX member which is achieved by (i) connecting to at least one of the LINX Peering LANs, (ii) peering with the LINX collector router, and (iii) peering with at least one existing LINX member or the LINX route servers. The Customer shall aos maintain operational peering for more than twenty-one days continuously subsequent to the three months.
d. The Customer shall appoint one or more people to be the Customer’s Corporate Representatives. The Customer shall advise LINX of the identity of the Customer’s Corporate Representative(s) upon request. The Customer agrees to be bound by any decision confirmed by the Customer’s Corporate Representatives. Such decisions may include the appointment of further Corporate Representatives and the removal of Corporate Representatives.
e. The Customer shall maintain at least one member of operations personnel who understands the MoU. They should be able to speak and understand spoken and written English, or have immediate access to in-‐house or outsourced personnel who are able to speak and understand spoken and written English to translate and communicate for them.
f. The Customer will make sure that all contact information that is held by LINX to do with the Customer’s membership is correct and kept up-‐to-‐date. The contact information will include:
(i) details of how to contact the Customer’s operations staff twenty-‐four hours a day every day of the year for the use of LINX staff and other members,
(ii) an email address for which requests for peering should be sent,
(iii) an email address for each of the Customer’s Corporate Representatives, which should be personal to each representative, not to a group or role, and (if the Customer is an individual) the Customer’s e-‐mail address for the purposes of receiving notices and communications under the MoU, and
(iv) the postal address specified in the Membership Agreement or Associate Membership Agreement (as applicable) to which written notices under the MoU may be sent.
g.The Customer will confirm receipt of a peering request made to the email address specified in 2(f)(ii) above by any LINX Member within two working days of the request. An auto-‐responder is considered acceptable.
h. The Customer will not refer the Customer’s customers, or any agent of the Customer’s customers, directly to LINX support staff unless specifically sanctioned by a member of LINX staff by email.
i. The Customer will make sure that at least one member of the Customer’s staff is subscribed to the following mailing lists:
(i)ops-‐[email protected] mailing list, which is intended to carry announcements of an urgent operational nature;
(ii)mou-‐[email protected] mailing list, which is intended to notify relevant and authorised personnel of any changes to the MoU in accordance with the relevant clause therein;
(iii)[email protected] mailing list, which is intended to carry announcements relating to the administration and corporate matters of LINX.
j.The Customer undertakes that the Customer’s usage of LINX and its LINX Products and Services will not be harmful to the LINX network and the LINX members at any time.. “Harmful” means usage which, in the reasonable opinion of LINX Council, adversely affects other LINX members or the entire exchange, and either:
(i) does not conform to the requirements stated in Appendix 1 of the MoU; or
(ii) causes undesirable load or traffic patterns.
k. The Customer shall resp o nd directly to a c o mmunicati o n by email by the representative o f another LINX member and which relates to matters contained in the MoU, if requested to do so by LINX.
l. The Customer shall comply with the technical requirements as set out in Appendix 1 to the MoU.
m. The Customer shall ensure its connection to the LINX peering LANs is maintained as long as it remains members of LINX.
3 Suspension and Termination
- 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:
(i) if the Customer violates any Relevant Law or Regulation;
(ii) if the Customer is in material breach of the MoU and/or these Terms and Conditions or the Customer has repeatedly breached the terms of the MoU and/or these Terms and Conditions in such a way as to (in aggregate) constitute a material breach; or
(iii) if it is found out that the Customer is not a LINX member.
If the relevant Order Form or the Agreement is terminated by Console Connect pursuant to this clause before the Minmium 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.
b. 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.
c. The Customer shall indemnify and keep Console Connect fully indemnified for any and all losses suffered by Console Connect resulting from the Customer’s breach of (i) any Relevant Law or Regulation and/or (ii) the MoU and/or these Terms and Conditions.
d. Notwithstanding anything to the contrary in the Agreement, the Customer’s liability to Console Connect for any and all damages arising out of the Customer’s breach of the Agreement, the MoU and/or these Terms and Conditions, regardless of the cause of action, shall be limited to direct, proven damages and shall not exceed one million pounds sterling.
e. 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 Definitions
Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the Agreement.
a. “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.
b. “Customer” means any person, firm or company to whom Console Connect provides the Service.
c. “ Connectivity ” means the process of being connected via a VLAN to the Exchange.
d. “ Exchange ” means the LINX peering LANs, as defined in the MoU, which is owned and operated by LINX.
e. “ LINX ” means the London Internet Exchange Limited, a company incorporated in England and Wales (registration number 3137929) whose registered office is at Trinity Court, Trinity Street, Peterborough, PE11DA, UK.
f. “ LINX Memorandum and Articles of Association” means the memorandum and articles of association for` LINX which is documented at
https://www.linx.net/govern/manda.html
.
g. “ LINX Products and Services ” means the products and services as set out in Schedule A together with any other products and/or services from time to time offered by PCCW Global and/or LINX.
h. “ 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.
i.“MoU” means the terms set out in the LINX Memorandum of Understanding, encompassing the LINX Memorandum and Articles of Association, which is availiable on
http://www.linx.net/goverance/mou/ , as mended by LINX from time to time.
j. “ Regional Internet Registries” means the bodies appointed by the Internet Assigned Numbers Authority to be responsible for the allocation of Internet Number Resources in a specific geographic region to their members.
k. “Regulations” mean any legislation, regulations or other administrative orders governing the provision of telecommunications services applicable in the jurisdiction in which the Service is being provided.
l. “Relevant Law” means any ordinance, law, rule or regulation applicable in and outside of Hong Kong which are applicable to LINX, PCCW Global, the Customer in relation to the Service.
m. “VLAN ” shall mean a virtual LAN on a port that is connected to LINX.
Schedule A
LINX Products and Services
Console Connect may provide up to the maximum of 100GE capacity per 100GE port, or 10GE capacity per 10GE port, or any individual VLAN amount of capacity from the following:
- 100mb
- 250mb
- 500mb
- 1GE
- 2GE
- 3GE
- 4GE
- 5GE
- 10GE
- 20GE
or multiples thereof.
