Independent Assignment Request and Maintenance Agreement
Independent Assignment Request and Maintenance Agreement
Agreement
A Local Internet Registry (LIR) in the RIPE region can request Independent Internet
Number Resources from the RIPE NCC for End Users to use in their internal
networks in accordance with the applicable RIPE policies for assignment of
Independent Internet Number Resources to End Users (www.ripe.net).
This Agreement defines the conditions under which the LIR will request the
Independent Internet Number Resource assignment from the RIPE NCC for the End
User and will maintain such assignment during the term of the Agreement.
Upon receipt of the application for this Agreement, the LIR shall send the End User
two copies of the Agreement, duly signed by an authorised representative of the LIR.
Please return a signed copy of this Agreement as well as a copy of an extract from
the Commercial Trade Register or an equivalent document proving the registration of
End User's business with the national authorities. If the End User's business has not
been incorporated and has not been registered in the Commercial Trade Register,
the End User shall include a photocopy of a valid identity card.
hereinafter "LIR"
and
Administration Fee: fee to be paid by the End User to the LIR for the
administrative costs of this Agreement and for handling the initial request for
Assignment.
Assignment: act by which the RIPE NCC enables the End User to use
Independent Internet Number Resources for its internal use. This may involve the
publication in the RIPE Database of the End User as the assignee of the
respective Internet Number Resources.
End User: natural person or legal entity that has entered into this Agreement in
order to receive Internet Number Resources for internal purposes.
Local Internet Registry (LIR): a registry in the RIPE NCC service region that
receives allocations for Internet Number Resources from an Internet Number
Registry for the purpose of assignment to End Users.
Maintenance Fee: periodical fee to be paid by the End User to the LIR for
handling requests for Assignment and for maintaining Assignments made during
the term of the Agreement.
RIPE Database: database operated by the RIPE NCC. The RIPE Database
provides a mechanism for finding contact and registration information for
networks in the RIPE NCC service region. The RIPE Database contains IP
addresses, Autonomous System (AS) Numbers and organisations or customers
that are associated with these resources, and related Points of Contact (POC).
2.3 The LIR reserves the right to amend and/or supplement the terms of this
Agreement. The LIR shall notify the End User and the RIPE NCC of changes in
the terms of the Agreement at least one month prior to any such amendment or
supplement coming into effect.
3.2 The LIR may suspend the initial request for an Assignment until it has
received the Administration Fee as specified in paragraph 2.2 and the
Maintenance Fee as specified in paragraph 4.2 for the calendar year in which the
Agreement enters into force.
3.3 The Assignment is made by the RIPE NCC. The RIPE NCC requires the
following conditions to be met before assigning Independent Internet Number
Resources:
4.2 The End User shall pay a periodical Maintenance Fee. The first Maintenance
Fee shall be $100 USD. The LIR may amend the Maintenance Fee during the term of
the Agreement with such amendment to be published at the LIR's website two
months prior to the amendment taking effect.
4.3 The End User understands and agrees that the LIR can only maintain the
Assignments as long as the assigned Independent Internet Number Resources
are used in accordance with RIPE policies as relevant to End Users. More
specifically, the LIR shall maintain the Assignments subject to the following
conditions:
a. The End User shall use the Independent Internet Number Resources
assigned to it for internal purposes within its own network only.
b. The End User understands and agrees that the Assignment does not
confer upon the End User any proprietary or transferable rights in respect
of the Independent Internet Number Resources. The End User shall not
assign, delegate, sub-delegate or otherwise allow third parties to use the
Independent Internet Number Resources assigned to it pursuant to
requests made by the LIR pursuant to this Agreement.
c. The End User shall use the assigned Independent Internet Number
Resources solely for the purpose as specified in the request on the basis
of which the Independent Internet Number Resources have been
assigned.
d. The End User shall comply with the current RIPE policies relevant to End
Users, published at www.ripe.net, current documents available at
http://www.ripe.net/ripe/docs/index.html, and as may be amended from
time to time by the RIPE community in accordance with the RIPE policy
process.
e. The End User during the term of the Agreement shall provide the LIR with
correct and up-to-date information for recording of the Assignment in the
RIPE Database.
f. The End User shall respond to correspondence by the LIR and the RIPE
NCC with regard to Assignments made pursuant to requests under this
Agreement and directed at the address as last notified to the LIR by the
End User.
4.4 The End User understands and agrees that the RIPE NCC may revoke
Assignments if the End User does not use the assigned Independent Internet
Number Resources in accordance with RIPE policies as relevant to End Users
and as further specified in paragraph 4.3.
Article 5 - Payment
5.1 The End User shall pay the Administration Fee and Maintenance Fee within
30 days of date of invoice, failing which the End User shall be in default, with no
notice of default being required.
5.2 With effect from the day on which the End User defaults on its payment
obligations, the End User shall owe the LIR the statutory rate of interest (highest
commercial level) on the amounts unpaid. In addition, the End User shall
reimburse the LIR for the extra-judicial collection costs, without prejudice to any
other of the LIR's rights, which it may invoke against the End User in connection
with the latter's failure to effect (timely) payment.
Article 6 - Liability
6.1 The LIR does not warrant that the requested Independent Internet Number
Resources will be assigned upon request.
6.2 The LIR does not warrant that assigned Independent Internet Number
Resources will be routable on any part of the Internet.
6.3 The End User shall be liable for all aspects of the use of the Independent
Internet Number Resources assigned to it and all that ensues from its use of the
Independent Internet Number Resources.
6.4 The LIR excludes all liability for any direct or indirect damages, including
damages to the End User's business, loss of profit, damages to third parties,
personal injury or damages to property, except in cases involving wilful
misconduct or gross negligence on the part of the LIR or its management.
6.5 The LIR shall, in all cases, not be liable for damages caused by a failure by
the RIPE NCC to make the Independent Internet Number Resources available
(on time), or for damages in any way connected with the use of the Independent
Internet Number Resources.
6.6 The LIR shall, in all cases, not be liable for non-performance or damages if
such is not due to the LIR's fault nor for the account of the LIR pursuant to the
law, a juridical act or generally accepted principles.
6.7 The End User shall indemnify the LIR against any and all third party claims
filed against the LIR in relation to the End User's use of the Independent Internet
Number Resources assigned to it pursuant to this Agreement.
6.8 In all cases, the LIR's liability shall be limited to a maximum amount
equivalent to the aggregate payments received by the LIR pursuant to this
Agreement.
7.2 The End User shall be entitled to terminate the Agreement with a notice
period of one month. Notice shall be in writing and sent to the LIR by electronic
or regular mail.
7.3 The LIR shall be entitled to terminate the Agreement with a notice period of
three months. Notice shall be in writing and sent to the End User by electronic or
regular mail.
7.4 In addition, the LIR shall be entitled to terminate the Agreement forthwith with
immediate effect by means of a notice sent to the End User by registered mail,
without being liable to pay damages to the End User and without prejudice to the
LIR's right to claim (additional) damages from the End User if:
a. the End User does not comply with (any of) the provisions of paragraph
4.3 (a), (b), (c) or (d).
b. the End User fails to fulfil any obligation arising from this Agreement other
than those mentioned in paragraph 4.3 (a), (b), (c) and (d), and fails to
rectify such failure within 14 days of receipt of notice of said failure.
c. the End User fails to observe any rule of applicable law, which should be
adhered to by the End User and which, in the opinion of the LIR, is of such
a nature as to justify immediate termination.
d. an application has been or is filed for the End User's bankruptcy or for a
suspension of payments (moratorium).
e. the End User goes into liquidation or becomes insolvent.
7.5 Termination shall not affect Administrative or Maintenance Fees that have
become due or have been paid prior to the date of termination.
7.6 Upon termination, the LIR shall ask the RIPE NCC to delete the RIPE
Database record for the Independent Internet Number Resources assigned
pursuant to this agreement and ask the RIPE NCC to take measures to revoke
the Reverse DNS for the respective Independent Internet Number Resources.
The End User furthermore understands and accepts that the LIR and the RIPE
NCC may take any other measures necessary to enable the Independent
Internet Number Resources to become eligible for re-assignment to other End
Users.
7.8 The Agreement shall automatically expire on the date at which the LIR is
declared bankrupt, the LIR has been liquidated or the Standard Service
Agreement between the LIR and the RIPE NCC pursuant to which Independent
Internet Number Resources have been assigned by the RIPE NCC to the End
User has been terminated.
7.9 After termination of this Agreement in accordance with paragraph 7.2 or 7.3
or expiry as specified in paragraph 7.8, the End User may seek to extend the
right to use for the same Independent Internet Number Resources by entering
into an End User Assignment Agreement with the RIPE NCC or by applying for
Assignment pursuant to a Independent Assignment Request and Maintenance
Agreement with another LIR. The End User understands and agrees that the
Independent Internet Number Resources may be re-assigned by the RIPE NCC
to another End User if the End User does not seek to extend the right to use
within three months of the termination of the Agreement.
Article 10 - Miscellaneous
10.1 Without the LIR's prior written consent, the End User shall not be permitted
to assign any rights or obligations arising from the Agreement.
10.2 The LIR shall submit to the RIPE NCC copies of this Agreement and the
documents submitted by the End User pursuant to this Agreement for the
purpose of verifying the status of the Independent Internet Number Resources
and compliance with the applicable RIPE policies.
10.3 The End User shall notify the LIR immediately of any change of address or
billing details. Until such notification, the last notified address and billing details
shall be presumed to be correct.
10.4 Unless provided otherwise, the LIR may send notifications under this
Agreement to the last notified email and mail address of the End User.
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