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Policy Agreement
ii. Definitions “LaonIX” means the Lao Internet Exchange. “Council” is the board of management, which oversea the formal affairs of LaonIX. “Fees” are the charges levied for services, which are agreed by both LaonIX and the interconnected Member in the services definition in the connection agreement. “Member” refers to an organization, which has successfully met and continues to meet LaonIX joining requirements, has signed a copy of this Agreement and is thereby eligible to receive LaonIX services under the terms of this Agreement. “Member Equipment” is any equipment owned by, leased to, or otherwise controlled by a Member, who is here referred to as the ‘owner’ irrespective of the actual method of control. “Services” refers to services provided to a Member as stated in services definition in the connection agreement “Technical Requirements” means those requirements to which all Members shall adhere and which are appended to this MoU as Appendix 1.
iii.
Objectives 1. To provide efficient interconnectivity within Laos for the Internet. 2. To promote the interests of its Members.
1. Amendments and Appendices 1.1 Amendments or supplements to this agreement are valid only if agreed in writing. 1.2 The appendices referred to in this agreement form an integral part of this agreement. 1.3 This 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 Agreement.
2. Prerequisites to apply to become a LaonIX Member There are three main prerequisites to become a LaonIX Member: 2.1 Candidates for membership shall be a recognized legal entity. 2.2 Candidates for membership shall have an public or private Autonomous System Number (ASN) and use BGP4(+) for peering 2.3 The candidates business shall include the Internet transmission of third party content or services. These prerequisites, together with the Technical Requirements form the basis of requirements for LaonIX Members.
3. LaonIX Responsibilities 3.1 The day-to-day running is carried out by the Administrative unit and Network Operation unit of LaonIX. Affairs of LaonIX are overseen by the Council. 3.2 LaonIX will provide and maintain the services to Member under the terms of this Agreement. 3.3 The day-to-day operation will be performed between 08:00-17:00 on weekdays, excluding public holidays. 3.4 LaonIX staff is authorized to suspend or discontinue the services, in whole or in part, if necessary for installation, maintenance and in the case of disruption occurs. 3.5 LaonIX shall not undertake new projects or offer new services, outside of LaonIX’s core business of peering facilitation, which would be competitive to those of its Members.
4. Member Responsibilities 4.1 Member will appoint a contractual contact person in order to represent Member and to vote on its behalf. 4.2 Member will appoint a technical contact person who will function as contact person with respect to all technical matters relating to Member’s interconnection. 4.3 Member shall ensure that all contact information which is held by LaonIX in connection with their Membership is correct and kept up-to-date, specifically: 4.3.1. Member shall provide operational contact details for the use of LaonIX staff and other Members. The personal available by this means shall understand the requirements of this Agreement. Failure to provide this information may be regarded as “Non-Compliance” in accordance with Clause 6 of this Agreement.
5. Membership status 5.1 Membership will be granted after an application has been approved by the Council of LaonIX. The new Member is eligible to request for a connection to LaonIX. 5.2 A connection to LaonIX may only proceed after: 5.2.1. LaonIX has received a copy of this Agreement signed by an authorized representative of the new Member. 5.2.2. All technical requirements have been met by the new Member. 5.2.3. Fees are paid. 5.3 Member shall provide equipment necessary for the connection and bear all costs related to the connection to LaonIX.
6. Transit and Peering 6.1 Members agree to exchange traffic through the LaonIX infrastructure only where there is a Multi-lateral Peering agreement (MLPA). 6.2 Transit services are not cover by this policy. Transit traffic shall not be exchange over LaonIX infrastructure. However, transit can be done by physical back-to-back interconnection between co-located routers of the agreed Members. Members are responsible for the conclusion of the transit agreement.
7. Technical Requirements 7.1 Members shall ensure that their usage of LaonIX is not detrimental to the LaonIX network or to the usage of LaonIX by other Members and shall adhere to the Technical Requirements of LaonIX as detailed in Appendix 1 to this document at all times
8. Non-compliance 8.1 LaonIX is not obliged to provide the services to the Member if a valid Agreement does not exist. 8.2 Failure of a Member to comply with the Technical Requirements or any other requirements of this Agreement may result in sanction being taken against a Member. Such sanction shall be at the sole discretion of the Council and may, depending on the severity of the incident, take the form of any or all of: 8.2.1. Immediate disconnection from the services pending resolution of the non-compliance by the Member. 8.2.2. Termination of Membership shall mean: 8.2.2.1. Permanent removal and disconnected from all services. 8.2.2.2. Removal of all rights granted to a Member under the terms of this Agreement. 8.2.2.3. Member is not entitled to a refund for any fees paid to LaonIX before the Termination. 8.2.3. Any Member whose membership to LaonIX has been terminated may reapply for LaonIX membership, however any such application shall be in accordance with Membership status (Clause 5) of this Agreement.
9. Fees 9.1 Payment of fees shall be made monthly. 9.2 Member may choose to pay fees in advance. 9.3 When a new Member joins they shall immediately pay a membership fee. 9.4 Council shall annually review the fees and shall be entitled to change the costs due for any following year. 9.5 Members canceling either their membership of LaonIX or any services supplied by LaonIX shall give at least 30 days notice of such cancellation. Fee shall be applied until the end of the calendar month in which membership or service terminates. 9.6 The Council retains its right under Clause 7 “Non-compliance” to take sanction against any member who does not adhere to LaonIX payment terms. 10. Termination 10.1 The Agreement can be terminated at any time by any of the Members by means of a written notice; in that case this Agreement is terminated at the end of the following month. All rights and services will be ceased upon the moment of termination of this Agreement. 10.2 Any termination is effective only for the future and entails no obligation for the Members to return or refund any benefits received until the moment of termination. Upon termination Member shall return to the LaonIX the IP-address(es) and any equipment it had received from LaonIX. 11. Liability 11.1 Members and the LaonIX operator will not be liable towards any other parties for any special, indirect or consequential damage including loss of profits and damage consisting of or resulting from loss of data or information. 11.2 Any liability of LaonIX towards Member for compensation of direct damages resulting from LaonIX performance or non-performance of this Agreement is at all times limited to the total amount of fees paid by Member to LaonIX under this Agreement over the 12 months, preceding the event that caused such damages. 11.3 LaonIX shall not be hold any responsibility for the operation or maintenance of the equipment of the Member and LaonIX has no responsibility for how LaonIX service is used by the Member or by any other party or for any data traffic exchange via the LaonIX infrastructure. 12. Confidentiality 12.1 Members have a duty of confidentiality to the other LaonIX Members in LaonIX affairs. As such, all and any information, not already in the public domain, passed between LaonIX and/or its Members shall at all times be kept confidential and shall not be passed or revealed to any third party outside of LaonIX Membership, without the prior written consent of the party to which it relates. 13. Governing Law and disputes 13.1 This Agreement shall be governed by Lao Law. 13.2 Any dispute concerning the conclusion, interpretation or performance of this Agreement, and any other dispute with respect to or relating to the Agreement, shall be solved amicably. When amicable solution is not possible any dispute shall be submitted to the competent court of law in Vientiane, Laos.
Policy Agreement Appendix 1 – Technical Requirements 1. Members may only connect equipment that is owned and operated by themselves or owned by LaonIX to the LaonIX and not on behalf of any third party. 2. Members may only present a single MAC address to any LaonIX port that is allocated to them. 3. Interfaces connected to LaonIX ports shall only use IP addresses and netmasks (prefix lengths) assigned to them by LaonIX. 4. All exchange of routes across LaonIX infrastructure shall be via BGP4(+). 5. Each member must has its own ASN. LaonIX will assign a private ASN to Member who has no ASN. Any member who has previously used private ASN and, later, acquires a public ASN must notify the LaonIX staff and modify the BGP configuration as soon as possible. 6. IP address space assigned to LaonIX peering LAN shall not be advertised to other networks without explicit permission of LaonIX. 7. All routes to be advertised in a peering session across LaonIX shall be registered in Internet routing registry. 8. Traffic shall only be forwarded to a member when permission has been given by the receiving member either by advertising a route across the LaonIX network or explicitly in writing. 9. When Member Equipment is hosted at LaonIX, members shall adhere to the following Rules: 9.1 Member Equipment and cabling shall be clearly labeled with the name of the member. 9.2 Persons working in LaonIX sites on behalf of a member shall not interfere with another Member’s Equipment or cables without explicit permission from the owner of the equipment. 10. Members must use routers that have a Fast Ethernet (100 Mbps) interface to interconnect to LaonIX Ethernet switch. 11. LaonIX shall not be used as transit for global internet traffic
Policy Agreement Appendix 2 – Connection Agreement - FOR THE LAONIX INTERNET PEERING SERVICE - The undersigned parties, Lao Internet Exchange, duly represented in this matter by xxx (contractual contact person), xxx (function), the hosting organization, hereinafter called: LaonIX and Xxx, duly represented in this matter by xxx (contractual contact person), xxx (function), hereinafter called: member agree that: The Member hereby orders a connection to the LaonIX with the capacity as stated in the services definition, stated here below, on the terms and conditions set forth in the Policy Agreement of LaonIX, attached hereto. The Policy Agreement of LaonIX constitutes an integral part of this Connection Agreement and the Member accepts all terms therein by signing this Connection Agreement.
Services definition: Capacity Price 100 Mbps 50 USD per month
In witness whereof the parties have executed this agreement by their duly authorized representatives in duplicate
At xxx, xxx on xxx At Vientiane, Laos on …….
……………………………………………. …………………………………………….
Company name : Lao Internet Exchange Signed by : Mr/Ms xxx Signed by : Mr/Ms xxx Function : Function :
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