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

  1.  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



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.