THE JNT ASSOCIATION (trading as JANET(UK)) with its registered office
at Lumen House
Library Avenue, Harwell Science and Innovation Campus, OXON, OX11 0SG, UK, and [Other Party] (“[abbr.]”)
with its registered office at [address] have entered into this Peering
Agreement (“Agreement”).
a) “Autonomous System” shall mean a connected group
of one or more IP prefixes run by one or more Network operators and
that has a single and clearly defined routing policy; the specifications
of the relevant Autonomous Systems for this Agreement are set forth
in Annex 2; up-dates to the Autonomous Systems may be separately
agreed from time to time.
b) “BGP-4” shall mean Border Gateway Protocol-4 which
is the industry standard as at the date of this Agreement or as subsequently
modified for an inter-Autonomous System routing protocol.
c) “Interconnection Point” shall mean any interconnection
point at which the Parties agree to connect the Routed Networks under
this Agreement, whether (i) through a point where more than three internet
service providers connect their networks or (ii) directly by the Parties;
a description of the relevant Interconnection Points and parameters
are set forth in Annex 2.
d) “Network” shall mean a communications network
running the TCP/IP and other internet protocols.
e) “Peering” shall mean the exchange of Traffic,
howsoever carried out, excluding Transit Traffic, between the Routed
Networks at the Interconnection Point using BGP-4.
f) “Routed Network” shall mean the respective parties’
Autonomous System and the “AS Macro Announced in the peering”
as set forth in Annex 2.
g) “Third Party Network” shall mean any Network that
is not a Routed Network.
h) “Traffic” shall mean IP data moving through any
Network.
i) “Transit Traffic” shall mean any Traffic sent
by each Party to a Third Party Network.
In consideration of the performance by each Party of its obligations under this Agreement, the Parties agree to Peering in accordance with the terms and conditions of this Agreement. The Parties explicitly agree that neither Party may exchange Transit Traffic under this Agreement.
Both Parties agree that no fees or other charges of any kind for the Peering will be payable under this Agreement.
Each Party shall provide, at its own expense, a connection from its Routed Network to the Interconnection Points. In case the Parties have agreed to direct interconnection, the cost for establishing such connection shall be allocated as set forth in Annex 2. Unless otherwise is specifically agreed under this Agreement, all other costs and expenses shall be borne by the incurring Party.
The parties will work together during the term of this Agreement to establish mutually acceptable performance objectives and operational procedures to enable each Party to provide high-quality, cost-effective service over its Routed Network and the Interconnection Points. The Parties undertake the following:
a) Unless required by court order or applicable law, neither Party shall monitor the contents of any data which passes through the Interconnection Points, except for control traffic data and as required for its own operational needs. Each Party may monitor and use IP headers, transport headers, and packet characteristics only for its own operational needs.
b) Neither Party shall restrict traffic flowing through the Interconnection Points to and from the other Party based on the subject matter of the Traffic unless required to do so by court order or applicable law; provided, however, that each Party shall be free to block Traffic that the Party determines violates the terms of the Acceptable Conduct Policy as set out in clause 5, or which it may otherwise determine in its sole discretion from time to time. Each Party shall retain its rights to impose usage restrictions on its own customers or to assist its customers in imposing customer requested usage restrictions on traffic flowing from the requesting customer.
c) Each Party shall register the routes, routing domains and routing policies of its public Internet subscribers in a public Internet Routing Registry. Whenever either Party revises the information it has registered with the Internet Routing Registry, both parties shall, as soon as reasonably possible, make any configuration changes that are necessary to match the revised information.
d) Neither Party shall route any Traffic to the other Party except to those destinations contained in the explicit routes that the other Party advertises across the Interconnection Points. Neither Party shall establish a route of last resort (default route) directed toward the other Party’s Routed Network or institute any practice to direct third-party traffic to the other Party’s Routed Network, e.g. rewriting next-hops or modifying third-party routing information. Traffic exchanged under this Agreement will only be accepted from the routers indicated in Annex 2.
e) Neither Party shall regularly advertise prefixes that are more specific than a /24. All advertised prefixes must be registered in the Internet Routing Registry.f) The Parties shall not advertise default, reserved networks or unassigned networks. Each Party shall use reasonable efforts to generate routing announcements that are consistent with the policy it has registered with the Internet Routing Registry, except in the case of temporary network partitions.
g) Both Parties shall perform explicit prefix filtering of all routes announced for or accepted from transit customers.
h) Each Party will use reasonable endeavours at its own expense to provide NOC support in cooperation with the other Party so as to maintain the smooth operation of the Peering using the contact information set forth in Annex 1.
i) Each Party shall use reasonable endeavours to secure its Routed Network and Traffic through the Interconnection Points from unauthorized access, transmission or use. The Parties shall work together to address security issues and develop security procedures. Whenever one Party becomes aware of a security event that may affect the other Party’s Routed Network, the Party shall notify the other Party’s NOC and request a security escalation. A breach of the Acceptable Conduct Policy as described in section 5 below shall be considered a security event.
j) The Parties shall work together to ensure that their respective customers do not disrupt the other Party's Routed Network or any equipment, system or services of the other Party.
k) Each Party shall use reasonable endeavours to ensure that its transmissions through the Interconnection Points will not violate any applicable law or regulation.
Each Party shall not itself, nor shall it permit or actively assist others (including its customers) to, abuse or fraudulently use the other Party’s Routed Network, including but not limited to the following:
In case of any breach of any of the terms of the Acceptable Conduct Policy by a Party or its customers and/or users, the other Party may terminate this Agreement according to section 8 or suspend the Peering immediately.
This Agreement shall come into force when it has been duly signed by both Parties and shall continue until terminated by either Party giving thirty (30) days’ prior written notice.
This Agreement may be modified only by a written amendment signed by both Parties.
Notwithstanding anything to the contrary expressed or implied elsewhere herein, either Party (without prejudice to its other rights) may decide to terminate this Agreement with immediate effect by written notice, provided the other Party is in material breach of the conditions set out in this Agreement, and such breach (if capable of remedy) is not remedied within 30 (thirty) calendar days of written notification.
Either Party may immediately terminate this Agreement or stop Peering by written notice if the other Party becomes subject of a bankruptcy, insolvency, reorganization or liquidation proceedings or any other similar or related company reconstruction, receivership or administration action, whether voluntary or involuntary.
This section 9 sets out the entire liability of each Party (including any liability for the acts and omissions of its employees, agents and sub-contractors) to the other Party in respect of any breach of its contractual obligations arising under this Agreement and any representation, statement or tortious act or omission including negligence arising under or in connection with this Agreement (“Breach”).
Save as expressly set out in this Agreement the respective Parties’ Peering is made without warranties of any kind, including without limitation warranties of title, infringement of third parties’ intellectual property or other rights, merchantability and fitness for a particular purpose. Neither Party warrants that service on its Routed Network will be uninterrupted, error free or secure, or that any software or other material accessible on or through its internet network will be free from viruses, worms or other harmful components. Internet contains materials that may be offensive to some people. The Parties and their customers and authorized users access such materials at their own risk. Neither Party has control over nor accepts any responsibility whatsoever for such materials.
Neither Party shall be liable to the other for any loss or damage arising from: (i) any failure in or breakdown of any facilities or services hereunder, whatsoever the cause and however long it shall last; (ii) any interruption of service, whatsoever the cause and however long it shall last.
A Party’s liability to the other Party for death or injury resulting from that Party’s own or that of its employees’, agents’ or sub-contractors’ negligence or any liability in respect of fraudulent acts or omissions shall not be limited.
Subject only to the provision of the previous paragraph,
(i) a Party shall not be liable to the other Party in respect of any loss of profits, business, goodwill, anticipated savings, lost or wasted management time or time of other employees, loss or spoiling of data or any type of special, indirect or consequential loss whether arising from negligence, breach of contract or in any other way, even if such loss was reasonably foreseeable or the Party had been advised of the possibility of the other Party or third party incurring the same,
(ii) a Party shall have no liability to the other Party in respect of any Breach unless the other Party shall have served notice of the same upon the Party within one month of the date it became aware of the circumstances giving rise to the Breach or the date when it ought reasonably to have become so aware,
(iii) the entire liability of a Party in respect of any Breach shall be limited to damages of an amount equal to £1 (one pound).
No failure or omission by either Party to carry out or observe any of the terms and conditions of this Agreement shall give rise to any claim against the Party in question or be deemed to be a breach of this Agreement if such failure or omission arises from any cause beyond the reasonable control of that Party.
Neither this Agreement nor any of either Party’s rights or its obligations may be assigned or transferred to any third Party without the written consent of the other Party; provided however that either Party may transfer its interest herein to any legal successor or subsidiary or affiliate of the Party with prior notice thereof.
This Agreement shall not prohibit or restrain either Party’s entry into any separate similar or dissimilar contract or agreement with one or more third parties.
The Parties acknowledge that this Agreement, and any or all of the terms hereof, may become subject to regulatory approval by various governmental agencies. Should such approval be required, the Parties shall cooperate, to the extent reasonable and lawful, in providing such information as is necessary to complete any required filing.
In their performance hereunder, the Parties are acting as independent contractors, and nothing contained herein shall be construed to create a partnership, joint venture or other agency relationship between the Parties.
All notices between the Parties required or permitted hereunder shall be effective if delivered by hand or sent by post or courier, postage or fees paid, or by facsimile or electronic mail to the address specified below. Notices delivered by hand or sent by facsimile or electronic mail shall be effective when sent, and notices sent by post or courier shall be effective seven (7) days after they are sent.
| If to JANET(UK): | If to [Other party]: |
| Company name: JANET(UK) | Company name: |
| Attention Mrs.: Isabel Morris | Attention Mr.: |
| Address: Lumen House Library Avenue, Harwell Science and Innovation Campus, OXON, OX11 0SG, |
UK Address: |
| Phone: +44 1235 822 231 | Phone: |
| Fax: +44 1235 822 276 | Fax: |
| E-mail: i.morris@ja.net | E - mail: |
All information exchanged between the Parties under this Agreement or during the negotiations preceding this Agreement and relating either to the terms and conditions of this Agreement or any activities contemplated by this Agreement is confidential and neither Party shall disclose to any third party any of the other Party’s confidential information disclosed to it, or shall use such information for any purpose other than the fulfillment of this Agreement provided that either Party may comply with such filing or disclosure requirements under any applicable law, rule or regulation pursuant to the direction of any regulatory authority or governmental entity or agency having jurisdiction over the relevant matter.
The Parties shall attempt in good faith negotiations to resolve any disagreement or dispute which may arise between them regarding the interpretation, the performance of, or the failure to perform under this Agreement. Should an agreement not be reached between the Parties, the dispute shall be settled finally in arbitration according to the rules of the International Chamber of Commerce and the place of arbitration shall be London. The award rendered by arbitrator(s) shall be final and binding upon both Parties. The language to be used in the arbitration proceedings shall be English.
This Agreement is subject to English law and, subject to clause 17, the exclusive jurisdiction of the courts of England.
This Agreement, including the attachments hereto, sets forth the entire understanding and agreement of the Parties and supersedes all prior agreements, arrangements and understandings related thereto.
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In witness whereof, the Parties have caused their respective authorizes representatives to sign this Agreement in two (2) originals on their behalf, effective as of the date first written above.
| On behalf of: JANET(UK) | On behalf of: |
| Date/Place : | Date/Place : |
| Signature: | Signature: |
| Name: | Name: |
| Title: | Title: |
| Operational information | JANET(UK) | Other Party |
| NOC telephone No (normal working hours) | +44 207 692 1111 | |
| NOC out of hours No | +44 207 813 3322 | |
| NOC Fax | +44 207 504 1035 | |
| NOC email | operations@ja.net | |
| Abuse telephone no | +44 1235 822 340 | |
| Abuse fax no | +44 1235 822 398 | |
| Abuse e-mail | cert@cert.ja.net | |
| Public Interconnection 1 | JANET(UK) | Other Party |
| Physical Address | ||
AS Macro announced in the peering |
AS-JANETPLUS | |
| AS Number | 786 | |
| IP Address of BGP4 Peer | ||
| Speed of Connection |
