NL-IM IX LLHOST Inc :: DAILY TRAFFIC

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General Terms and Conditions

Article 1. Definitions

For the purpose of these LL-IX General Terms and Conditions, the following terms shall have the following meanings:

  1. LL-IX : LL Internet Exchange, having its registered office in Bucuresti, Romania;
  2. LL-IX Company: the party with whom Customer has executed the LL-IX Connection Agreement, i.e. either LL-IX  or a third party appointed as a designated reseller by LL-IX ;
  3. LL-IX Connection Agreement: the agreement between Customer and the LL-IX Company, providing for Customer’s connection to the LL-IX Infrastructure for the location as specified therein, including any attachments thereto and including these LL-IX General Terms and Conditions;
  4. LL-IX Infrastructure: the Internet Exchange Infrastructure operated by LL-IX  consisting of metro networks that facilitate peering and IP traffic exchange between parties connected thereto for the location as specified in the LL-IX Connection Agreement;
  5. LL-IX IP-address: one or more IP-addresses, received by Customer for its own router per connection Customer has applied for, out of a dedicated address range reserved for the LL-IX Infrastructure;
  6. LL-IX General Terms and Conditions: these general terms and conditions, governing Customer’s connection to the LL-IX Infrastructure;
  7. Assignment Date: the date when LL-IX Company communicates the connection details to Customer;
  8. Co-location: any physical location in which the LL-IX Infrastructure is present;
  9. Connection: the physical connection of the router of Customer (directly or via a third party network) to the LL-IX Infrastructure, also referred to as “Port”;
  10. Customer: the party who has obtained connection to the LL-IX Infrastructure through an LL-IX Connection Agreement;
  11. Production Date: the date LL-IX Company defines the connection in production in consultation with Customer.

Article 2. Applicability, Appendices

These LL-IX General Terms and Conditions shall apply to all offers, agreements or other legal relationships pursuant to which the LL-IX Company is providing, or offering to provide, a connection to the LL-IX Infrastructure and/or related services or goods of whatever nature to the Customer, in particular the LL-IX Connection Agreement. Amendments or supplements to the LL-IX Connection Agreement are valid only if agreed in writing, signed by both parties. In the absence of written agreement to the contrary between the parties, LL-IX  rejects the applicability of all general conditions other than its own.

Article 3. Object

3.1 LL-IX Company will make and keep the Connection available to Customer, and Customer agrees to pay the price therefore, under the terms of the LL-IX Connection Agreement. The obligations and responsibilities of the LL-IX Company with regard to the Connection will not apply beyond the Service Demarcation point or patch at the Co-location as referred to in article 7.4 below.

3.2 Customer is responsible for arranging cross- connects between its equipment or that of a used third party transport network and the designated LL-IX Infrastructure termination point (patch panel) in the co- location of choice. This responsibility may be carried out by a designated third party assigned by Customer.

3.3 Peering arrangements are not covered by these LL-IX General Terms and Conditions or the LL-IX Connection Agreement. The Customer is responsible for the negotiation, conclusion and implementation of peering arrangements with other users of the LL-IX Infrastructure.

Article 4. Organizational Set-Up

4.1 Customer will appoint a Contractual Contact Person (CCP), a Customer authorized signatory.

4.2 Customer will appoint a Technical Contact Person (TCP) who will function as contact person with respect to all technical matters relating to the Connection.

4.3 Customer will appoint a Network Operations Contact (NOC) with respect to operational and emergency matters relating to the Connection. Customer warrants that the NOC can be reached 24 hours per day, 7 days per week through one point of contact.

4.4 Customer will appoint an Administrative Contact Person (ACP) who will function as contact person with respect to all administrative and financial matters relating to the Connection.

4.5 Customer is obliged to keep the contact information under this article 4 up to date.

Article 5. Rates and Payment

5.1 Customer agrees to pay the price for the Connection or other services rendered as specified in the LL-IX Connection Agreement (including additional future order-forms) or as otherwise agreed with the LL-IX Company.

5.2 The price shall be periodically invoiced to Customer and shall be due as of the Production Date, with a maximum of 30 days after Assignment Date or as otherwise agreed in writing between Customer and the LL-IX Company.

5.3 Invoices shall be sent either monthly in arrears, or annually in advance.

5.4 Payment must be made within 30 days of the invoice date or as otherwise agreed in writing between Customer and the LL-IX Company.

5.5 The LL-IX Company reserves the right to periodically re-assess and re-establish the price of the Connection. Upward price changes shall be made public at least three (3) months prior to a change. Downward price-changes may be applied instantly.

Article 6. Term and Termination

6.1 The LL-IX Connection Agreement shall come into force on the date of its signing by both parties and shall remain in force until its termination in accordance with this article 6.

6.2 The LL-IX Connection Agreement can be terminated at any time by any of the parties by means of a written notice by a registered contact (as set out in article 4.1 or 4.4 above) to the other party. The termination is effective as of the end of the calendar quarter in which the other party received said written notice.

6.3 Each of the parties is at any time entitled to terminate the LL-IX Connection Agreement by means of a written notice to the other party:

6.4 Any termination is effective only for the future and entails no obligation for the parties to return or refund any benefits received until the moment of termination. Upon termination of the LL-IX Connection Agreement LL-IX Company will immediately terminate the availability for Customer of the LL-IX IP-address(es) Customer was assigned under the agreement.

Article 7. Use and Limitations

7.1 Customer is entitled to use the Connection for its normal business purposes. Customer’s rights under the LL-IX Connection Agreement are non-exclusive. Customer is not entitled to assign and/or sublicense any of its rights under the LL-IX Connection Agreement, or make the Connection available, to any third party unless it has signed a reseller or reseller plus agreement or other type of contract with LL-IX  which allows it to do so.

7.2 LL-IX Company is not obliged to make or keep the Connection available for Customer if:

7.3 Customer agrees to exchange traffic through the LL-IX Infrastructure only when there is a bilateral agreement to exchange traffic between Customer and the other individual Customers on the LL-IX Infrastructure.

7.4 LL-IX Company shall provide all reasonable care, skill and diligence to ensure that the Connection functions in accordance with the operational and functional specifications in the Service Description, available on the website of that Co-location as established and adapted from time-to-time by LL-IX , provided that Customer warrants a 24 hours per day reachability and has appointed a NOC as set forth in article 4.3 above.

7.5 Customer is solely responsible that its use of the Connection does not cause or is likely to cause any damage, or is in any other way harmful, to the LL-IX Infrastructure, to LL-IX Company, to the LL-IX Association or to the normal operation, availability or functionality of the Connection and/or the Co-location or to the traffic exchanged. Specifically, the Customer will adhere to the restrictions relating to Allowed Traffic.

7.6. Customer agrees to implement any reasonable measurements that LL-IX Company may propose in order to prevent or repair such damage or harm as described in article 7.5.

7.7 LL-IX Company is entitled to (a) suspend or (b) discontinue the Connection, in whole or in part, and/or (c) to require that certain conditions be met before continuation thereof, if:

Article 8. Liability

8.1 Parties will not be liable towards one another for compensation of indirect or consequential damage, including lost profits and damage consisting of or resulting from loss of data or information.

8.2 Any liability of LL-IX Company towards Customer for compensation of damages resulting from LL-IX Company’s performance or non-performance of the LL-IX Connection Agreement is at all times limited to the total amount of fees paid by Customer to LL-IX Company under that agreement over the twelve (12) months, preceding the event (or, in case of a series of events: the occurrence of the first events of such a series) that caused such damages.

8.3 Any liability of Customer towards LL-IX Company for compensation of material damage to the physical components belonging to the Connection resulting from Customer performance or non- performance of the LL-IX Connection Agreement, is limited to the total amount of fees paid by Customer to LL-IX Company under that agreement over the twelve (12) months, preceding the event (or, in case of a series of events: the occurrence of the first event of such a series) that caused such damages.

8.4 The limitations as set forth in article 8.2 and 8.3 above do not apply to damage that is caused by gross negligence or by harmful or criminal intent of a party or its senior management.

Article 9. Confidentiality and privacy

9.1 LL-IX Company shall treat as confidential all information classified as such by Customer of which it has learned by virtue of the performance of activities under the LL-IX Connection Agreement.

9.2 Customer shall treat as confidential all information classified as such by LL-IX Company of which it has learned by virtue of the performance of activities under the LL-IX Connection Agreement.

9.3 Parties undertake to include in contracts with third parties the obligation to take such measures to maintain confidentiality with respect to confidential information in the above-mentioned sense of the other party.

9.4 LL-IX Company will comply with applicable data protection legislation when it comes to the processing of personal data as provided by Customer.

9.5 By agreeing with these LL-IX General Terms and Conditions, Customer confirms that details with regard to contact persons appointed following article 4 are correct and up to date, and that these contact persons are aware that their personal data are shared with and processed by LL-IX Company in order to perform the LL-IX Connection Agreement. Customer indemnifies LL-IX for any consequences if that is not the case. Customer also explicitly consents to personal data relating to Customer’s employees being recorded in the LL-IX customer portal LL-IX, which system is necessary to manage the Connection Agreement between the Customer and LL-IX Company.

Article 10. Governing Law, Disputes

10.1 All contracts between LL-IX Company and Customer, including the Connection Agreement, shall be governed by the laws of the Romania. Any dispute with regard thereto will be brought exclusively before the competent court of law of Bucuresti, Romania.

10.2 The LL-IX Connection Agreement contains all the terms which the parties have agreed in relation to the subject matter thereof and supersedes any prior written or oral agreements, representations or understandings between the parties relating to such subject matter.

10.3 The English text of the LL-IX Connection Agreement and of these LL-IX General Terms and Conditions is the only valid and legally binding text thereof. Any translation of such documents, whether or not made or provided by the LL-IX Company, is solely for the convenience of Customer.

Article 11. Amendment to these conditions

LL-IX  is authorized to make modifications and/or additions to these LL-IX General Terms and Conditions. The amended conditions will come into effect on the stipulated commencement date. If no commencement date has been communicated, the amendments will come into effect in relation to the contracting party as soon as the contracting party is notified of the amended conditions. Such notification may be done by posting the amended conditions on the website of LL-IX.