Remote Peering Service

1.      The Service

1.1         Console Connect will provide the SGIX Remote Peering Service (“Service”) in accordance with the specifications set out in the Console Connect IX Remote Peering Application Form accepted by Console Connect.

1.2         Console Connect shall bill for the Service according to its billing cycle. The due date for payment shall be thirty (30) days from the date of the invoice. The Customer shall pay the invoice by the due date, failing which Console Connect shall be entitled to charge interest at the rate of 6% per annum, from the due date to the date of full payment.

2.      Customer Obligations

2.1         The Customer shall comply with the technical specifications set by and all reasonable directions of Console Connect for the use of the Service. The Customer shall only connect equipment approved by Console Connect in writing to the designated connection point.

2.2         The Customer shall provide its own access facilities. The Customer shall also be responsible for maintaining the secrecy and confidentiality of all identification, log-in and other security information required to access the Service.

2.3         The Customer shall be liable for all fees and charges resulting from use of the Service accessed through the Customer identification and log-in or other security information, whether use of the Service was authorised by the Customer or not.

2.4         The Customer agrees and undertakes that it shall not rent, sell, lease or otherwise transfer the Service to any third party.

2.5         The Customer shall comply with SGIX’s Acceptable Use Policy and Technical Requirements Policy set forth at and other such policies as may be published on SGIX’s website from time to time.

2.6         The Customer shall not engage in disruptive activities which may include, but are not limited to, the circulation of any unsolicited publicity or advertising material, unsolicited bulk emails, the propagation of computer worms and viruses, use of the Service to gain unauthorised access to any other computer system, the sending of harassing, obscene, offensive or threatening electronic mail, forgery of electronic mail and/ or the placement, transmission or storage of any defamatory material on the Internet.

2.7         The Customer shall not access, nor permit any other party to access the Service for any purpose or activity of an illegal or fraudulent nature.

2.8         The Customer shall comply with all applicable laws and regulations in the performance of its obligations under these Terms and Conditions and in the use of the Service.

2.9         Fault reporting shall be done in accordance with Console Connect’s written instructions from time to time. If the Customer becomes aware of any problems or disruptions in SGIX’s or Console Connect’s system, it shall immediately report such problems or disruptions to Console Connect. The Customer shall conduct a preliminary determination of whether the fault originated from the Customer or Console Connect equipment, or due to some other reason, and shall promptly notify Console Connect of the same. All costs of fault localization and maintenance or repair work, which is requested by Customer and which proves to be unwarranted, shall be borne by the Customer.

3.      Console Connect Rights and Obligations

3.1         From time to time the Service may be unavailable due to maintenance or other reasons. Console Connect shall notify the Customer of any scheduled maintenance at least one (1) week in advance.

3.2         Console Connect has no responsibility to provide training in the use of the Service. Console Connect shall be entitled to charge Customer for additional services requested by the Customer at the rates applicable from time to time.

3.3         Console Connect is not a content provider or host and does not have knowledge or control of data or information accessed or made available through use of the Service and cannot in any way supervise, edit or control the content and form of any information or data passing or accessed through the Service. Console Connect shall not be held responsible in any way for any content or information passing through or accessed via the Service.

3.4       Console Connect only provides a technical service and does not assume any liability for how the Service is used by the Customer. Each Customer shall be responsible for its own operations.

3.5        In an unlikely event of service failure, Console Connect endeavours to restore the port within twenty-four (24) hours from ticket creation or from the time Console Connect informs the Customer of the outage. Console Connect shall not be responsible for managing faults or any performance degradation issues that occur within the Customer’s internal network.

3.6        Console Connect seeks to meet a service level 99.95% availibility per month for the Service. In the event that the Service does not meet the above service level or any other service level published, the Customer may terminate the affected part of the Service by giving thirty (30) days’ written notice to Console Connect, but the Customer is not entitled to any service credits, damages, a reduction of monthly charges or refund of any monthly charges paid or any other compensation whatsoever.

3.7        To the fullest extent permitted by law, Console Connect disclaims all warranties including without limitation, any warranties as to the suitability, merchantability, fitness for any particular purpose or non-infringement of third party rights. Console Connect does not warrant that the Service will operate uninterrupted or error-free. No representation or other affirmation of fact, including without limitation statements regarding capacity, suitability for use or performance of the Service, whether made by Console Connect’s employees or otherwise, that is not contained in these Terms and Conditions, shall be deemed to be a warranty by Console Connect for any purpose, or give rise to any liability of Console Connect whatsoever.

3.8        From time to time, Console Connect may modify the functionality of the Service, amend these Terms and Conditions, amend the charges payable by the Customer, amend or implement new policies which Customer has to comply with, or make any other changes to the Service (including amendment of service level). Console Connect shall notify the Customer at least 14 days in advance of such changes taking effect. Continued use of the Service by the Customer shall be deemed as acceptance of the changes. The Customer may terminate the Service upon giving at least thirty (30) days’ prior written notice to Console Connect if the Customer does not accept any of the above-mentioned changes, but the Customer is not entitled to any service credits, damages, a reduction of monthly charges or refund of any monthly charges paid or any other compensation whatsoever.

4.     Mutual Undertakings

4.1        The Customer indemnifies and keeps indemnified Console Connect and its directors, officers, employees, agents, suppliers, contractors and subcontractors (collectively, the “Personnel”) against all actions, demands, damages, costs, charges, expenses and claims that Console Connect and/or its Personnel may sustain or incur directly or indirectly relating to or in connection with breach of these Terms and conditions, or any action or omission of the Customer or its directors, officers, employees, agents, suppliers or customers.

4.2       To the fullest extent permissible under the law, and save for liability for death and personal injury, the aggregate cumulative liability of Console Connect to the Customer shall not, for any reason, exceed twelve (12) times the monthly charges payable by the Customer to Console Connect at the time the liability arose. This limitation applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts.

5.     Termination

5.1        Either party may terminate the Service:
(a) by giving the other party at least one (1) month’s prior written notice;
(b) if any proceedings are commenced for the liquidation, dissolution or bankruptcy of the other party and are not discharged or discontinued within sixty (60) days of its commencement, or if the other party becomes bankrupt or goes into liquidation either voluntarily or compulsorily, or compounds with its creditors or has a receiver appointed in respect of the whole or any part of its assets or ceases to carry on business;
(c) if the other party is prevented from complying with its obligations for a continuous period of more than twenty-eight (28) days due to a Force Majeure Event.

5.2        If the Customer is in breach of any provisions in these Terms and Conditions, Console Connect shall at its sole discretion be entitled to:
(a) suspend the Service and disconnect the Customer from the Console Connect peering point or other services provided by Console Connect; and/or
(b) suspend or terminate the Service providedwhere the breach is capable of remedy, Console Connect will not suspend or terminate the Service until it has notified the Customer of the breach and the Customer has failed to remedy the breach within three (3) days of Console Connect’s notice

5.3        Where Console Connect has disconnected a Customer, the disconnected Service may only be re-established following Console Connect’s policies and procedures (as may be specified by Console Connect from time to time).

6.      Consequences of Termination

6.1         In the case of termination of the Service by Console Connect pursuant to clauses 5.1 (b) or (c) or clause 5.2 or by the Customer pursuant to clause 5.1(a), any deposit and all charges paid in advance by the Customer shall be forfeited.

6.2        On termination of the Service: (a) all charges for the Service rendered up to and including the date of termination and all other amounts owing by Customer to Console Connect shall be immediately due and payable; and (b) the Customer shall deliver to Console Connect, in the format and in the manner directed by Console Connect, any material belonging to Console Connect related to receipt of the Service as at the date of termination.

6.3         Termination of the Serviceshall not affect any rights or remedies that may have accrued to the parties prior to termination or consequent upon termination.