about provision of access services to Internet Exchange Network
City of
Kyiv “____”____________ 200_
The Subsidiary “Ukrainian Internet Exchange Network “UA-IX”, hereinafter the Subsidiary “UA-IN”, being the resident of Ukraine and having the status of the income taxpayer on a common basis, according to clause 2.1.1 of article 2 and clause 10.1 of article 10 of Law of Ukraine “On profit taxation of corporation” in the name of the Director Parkhomenko S.V., acting according to the Charter, from one side and _________
___________________________, hereinafter “Party”, in the name __________________________, acting according to______________________________, from another side entered this Agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1 UA-IX provides Internet Exchange services to the Party .
2. ROOLS OF CONNECTION
2.1 Connection of the Party to Internet Exchange Network UA-IX, hereinafter the Network, is made by adding to the nearest switchboard port of the Subsidiary UA-IX. The Party is to provide galvanic separation of his connection or to use foiled twisted pair combined with obligatory connection to ground of it on the Party`s side.
2.2 Interface of the Party, with bit rate of 10 or 100 Mbps is to have fixed (not automatic) bit rate and duotones configuration.
2.3 It is assumed following types of Ethernet frames on the Party`s ports: 0x0800 - IPv4, 0x0806 – ARP.
2.4 Excluding ARP, it is forbidden to use link-local protocols in particular: IRDP; ICMP redirects; IEEE 802 Spanning Tree; Vendor proprietary discovery protocols(т.е. CDP, EDP); Interior routing protocol broadcasts (т.е. OSPF, ISIS, IGRP, EIGRP); BOOTP/DHCP; PIM-SM; PIM-DM; DVMRP; ICMPv6 ND-RA; IPv6 ND.
2.5 IP-packages, addressed to 195.35.65.0 and 195.35.65.255 shouldn`t to redirect to all UA-IX ports (on ip directed-broadcast).
2.6 Party`s hardware must meet IEEE 802.3 standards.
2.7 For participation in the point of traffic exchange it is necessary to confirm:
2.7.1 Existence of its own autonomous system (hereinafter AS), registered in the RIPE and properly executed in the database RIPE (hereinafter - RIPEdb).
2.7.2 Existence of addresses block connected with that AS by appropriate records in the database RIPE.
2.7.3 Existence of at least one already established BGP peering and, accordingly, at least one stable active path "a block of addresses on behalf of its AS " in the global routing table. Stability criterion is the statistic of the Routing Information Service project (http://www.ris.ripe.net/), as well as flap-statistics on the block addresses of the Party. Test points of meeting the Party to requirements of this clause are selected by Subsidiary UA-IX accidentally.
2.8 Interaction between Parties is carried out through a protocol BGPv4 by sharing routing tables between the Party`s router and UA-IX router (hereinafter - RS). In this case, the traffic between the Parties passes directly across the switch ports, bypassing the RS. Two interchangeable with each other routers are used as the RS, the Party is required to maintain identical BGP-session with each router.
2.9 The Party is obliged to give routing tables of their AS to the RS and has the right to give the AS routing tables of its customers and partners with compulsory admission of UA-IX routing table.
2.10 Participant must register in RIPEdb its policy of engagement with the UA-IX. RS receives from the Participant only those AS announcements, which are described in RIPEdb as announced to UA-IX (AS15645). RS does not accept announcements of private networks, private AS announces, announcements by default.
2.11 Party is prohibited to announce a network dedicated to the work of UA-IX (195.35.65.0/24).
2.12 Within the Party autonomous system the priority announcements received from the UA-IX, should be higher than the priority of the same announcements, obtained by other means (except events of explicit agreement between the Parties).
2.13 Ethernet frames arrived from the participation port in the direction to other UA-IX Parties, are required to have a single fixed MAC-address in the source field
2.14 The Party must use on router interface connected to the UA-IX, only the IP-address and network mask, which are pointed out by Subsidiary UA-IX. Only this address can be used as a next-hop parameter for all Parties.
2.15 Ethernet frames should not use the broadcast MAC-addresses except the ARP-packets. It is not allowed to use proxy ARP on router interface connected to the UA-IX.
2.16 While connection a new participant, the Participant port is in quarantine. Quarantine is an isolated LAN segment, in which except the Participant there is only a monitoring system. If the monitoring system confirms full compliance of new
Participant
Port to requirements set out in clauses 2.2-2.15, port leave from quarantine state Party shall timely and fully pay for the DP UA-IX.
3. SUBSIDIARY UA-IX OBLIGATIONS
3.1 UA-IX provides uninterrupted network equipment operation of Internet exchange.
3.2 Subsidiary UA-IX accepts from potential Participants applications for their connection to the Internet exchange network in accordance to the rules of the connection, described in Section 2 of this Agreement, and procedures, prescribed in the Subsidiary UA-IX Charter.
3.3 Subsidiary UA-IX informs Participants about connection every new Participant not later than 24 hours after a new participant was connected.
3.4 If the Participant doesn`t meet the requirements set out in clauses 2.1 - 2.15 of this Agreement, Subsidiary UA-IX must send a message about it to the address of technical contact person.
3.5 Network administration is obliged to provide to the Participant port to connect and to point out a single IP-address.
4. PARTY OBLIGATIONS
4.1 The Party is obliged to comply strictly with the rules of the connection, described in section 2 of this Agreement.
4.2 The Party organizes independently the communication line from their hardware to the switch
port of
Internet exchange network.
4.3 The Party shall pay for the Subsidiary UA-IX service timely and fully.
4.4 The Party shall inform promptly the Administration of Subsidiary UA-IX about activities that may affect the cooperation between the Party and Network or the network functionment, particularly in the case of changing the parameters described in clauses 2.2 and 2.13. Informing can be done by sending a letter to the e-mail of Subsidiary UA-IX Administration.
4.5 The Party is obliged to rectify a breach of Agreement conditions and inform the network administration.
5. PARTIES RIGHTS
5.1 The Party has right:
5.1.1 to obtain Internet exchange service, as well as other rights provided for the Party according to the Agreement and Suubsidiary UA-IX Charter.
5.2. The Subsidiary UA-IX has right:
5.2.1 to receive payment from the Party in accordance with the approved tariffs, as well as other rights provided for the Subsidiary UA-IX in this Agreement and the Subsidiary UA-IX Charter.
5.2.2 in the event of breach of Agreement conditions by the Party, network Administration is entitled to transfer the Participant in quarantine mode or to disconnect from the network, which is not the termination of this Agreement.
6. LIABILITY OF THE PARTIES
6.1 In case, the Party damaged others Party hardware, the Party at fault is obliged within 24 hours to renew damaged hardware or to compensate for the value in double costs.
6.2 In case, the Party failed to meet the conditions prescribed in clauses 2.1-2.15 of this Agreement, which leaded to disorganization of network performance, the Party at fault is obliged to pay penalty in the amount of 5500 UAH.
6.3 In case, the Party failed to meet the conditions of this Agreement, the Subsidiary UA-IX has a right to disconnect the Party from the network or to transfer in quarantine state. Connecting or leaving from quarantine state is performed within two working hours after Authority of Subsidiary UA-IX receive a report that confirmed cancellation of defaults, and receive a document, which confirmed the payment of penalty, if, failing to meet the conditions of this Agreement produced to disorganization of performance of network.
6.4 In case, the Party failed to meet the conditions of this Agreement, Subsidiary UA-IX have a right to cancel the Agreement with the member of internet exchange network irrevocably connection charge and servicing.
6.5 Responsibility of the Subsidiary UA-IX before the Party on any claims, excepting experience prescripted in clause 6.1, is limited with the amount, which the Party has paid for connecting to internet exchange network of Subsidiary UA-IX, that is equal to difference between costs for first and second months of servicing.
6.6 In case, the Party failed to pay consideration (fee) before 15 day of current month, the Party has a penalty tax to the extent of discount rate of National Bank of Ukraine from the outstanding amount for each day of the delay.
6.7 In case of delaying the payment, according to the clauses 8.5 and 6.2, the Authority of Subsidiary UA-IX has a right to disconnect the Party until he discharges the debt in full.
7. SETTLEMENT OF DISPUTES
7.1 All disputes and disagreements between the Parties should be settled in an amicable way.
7.2 In case the negotiations failed to resolve disputes, they referred to the
Arbitration Court
at the Ukrainian Internet Association.
8. RATE AND PROCEDURE OF SETTLEMENTS
8.1 Settlements for servicing are provided according to the tariffs confirmed by the Subsidiary UA-IX.
8.2 Tariffs, being in force for the time of signing this Agreement are in the supplement №1.
8.3 If tariffs are supposed to be changed, the Subsidiary UA-IX informs about this Parties not less than 15 (fifteen) days before.
8.4 Payment for the first month of using UA-IX is produced on current account of Subsidiary UA-IX within ten days from the signing by the Parties.
8.5 Payment for the second and every following month is made before 15 day of current month by wire transfer advanced preliminary payment on current account of Subsidiary UA-IX.
9. FORCE MAJEURE
9.1 The Parties are released from the responsibility for complete or partial default of obligation according to this Agreement, if this default caused by the force majeure circumstances, happened after the execution of an Agreement, which Parties couldn’t foresee. Force majeure circumstances are circumstances beyond one's reasonable control, such as distress caused by the elements, fires, cataclysms, emergency’s, which directly prevent one of the Parties to fulfill their obligations or lead to spoilage (loss) of assets, directly related with execution of their obligations under this Agreement.
9.2 Additional force majeure circumstances of this Agreement are follows: issuing acts by government authority, and also changing prices, conditions on provision of services of backbone service provider, such as “Ukrtelekom” and others, having direct influence on performance of obligations, and all others events and circumstances, which are beyond the control of Parties and can have direct power on its due performance.
9.3 The Party, force majeure happens to, is to inform about this immediately other Party in registered letter.
10. Validity
10.1 This Agreement is executed in two copies; each copy has equal power, one for each Party.
10.2 This Agreement shall come into force when signed.
10.3 The validity of Agreement is one calendar year from the signing by the Parties. If within 30 calendar days before the end of the Agreement`s validity the Party hold in abeyance about intentions to cancel the Agreement, it deems to be extended for next one year on the same conditions. Such extension is possible without limitation as to time.
10.4 Amendments and additions to this Agreement are valid if they were signed and sealed by both Parties.
10.5 This Agreement can be cancelled on mutual consent or by one Party in the cases provided by this Agreement and UA-IX Charter, the Party-initiator is to inform other Party about this not later, than 10 (ten) days before the expected moment of cancellation of an Agreement.
11. Transfer rights
11.1 The Parties can transfer its own rights according to this Agreement to its successors, branches or subcontractors, the Party is to inform about this other Party not later, than 10 (ten) days before the date of transfer. The Parties are obliged to provide copies of necessary documents, confirming the legal succession, subcontracting or subsidiary creation.
12. Legal address and banking instructions
From Subsidiary UA-IX: From Parties:
Subsidiary “Ukrainian Internet Exchange Network “UA-IX”
Kyiv-01023, Mechnikova str. 8, of.22
a/c 260033010197
LLC “Commercial bank “Aktiv-bank”
MFO 300852, GCEO 31453395
TIN 314533926106
Registration certificate 37567676
/Parhomenko S.V./ /________________________/
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