Agreement on membership and use of the CIX service number agreement_number SRCE - <legal_entity> University Computing Centre, University of Zagreb, OIB: 34016189309, Zagreb, J. Marohnića 5, represented by the Director Zoran Bekić, PhD (hereinafter referred to as SRCE), as the host to CIX and the CIX services provider and The name of the legal entity, Location, Street and street number _ Tax number, represented by position _ First name _ Surname _ profession (hereinafter referred to as: CIX MEMBER), as CIX member and CIX services provider and user, have agreed to sign, under Article 13 of the CIX Policy, in location on date the following AGREEMENT ON MEMBERSHIP AND USE OF THE CIX (CROATIAN INTERENT EXCHANGE) SERVICES Number _ agreement _ number_ Article 1 By signing this agreement SRCE and the CIX MEMBER define mutual rights and obligations, as regards CIX membership and the use of the CIX services, which are described in detail in the CIX Policy (hereinafter referred to as Policy) issued by SRCE as the host to CIX. As of the effective date of this Agreement, it is assumed that the CIX MEMBER is informed about the provisions of the Policy and agrees that the provisions of the Policy are legally binding for the CIX MEMBER with all rights and obligations pertaining thereto. In case of the changes in the Policy, the contractual parties agree that those changes shall apply to the contractual relationship established under already signed Agreement. If the CIX MEMBER does not agree with the changes in the Policy, it shall have the right to terminate the Agreement by a written notice communicated to SRCE not later than 15 days following the date of receiving the information about the changed Policy entering info force. Article 2 SRCE undertakes to provide the CIX services described in detail in the Policy, in due time and in accordance with professional rules, as well as bona fide, to the CIX MEMBER. SRCE shall provide the CIX MEMBER with the services consisting of the following: access to CIX LAN as set forth in Article 2 of the Policy; limited storage of the CIX MEMBER's equipment in the computing room at SRCE and maintenance of CIX's information services for its members; technical support to the work of the CIX Council; reporting about CIX operations. Article 3 The CIX MEMBER undertakes to fulfill the obligations of the CIX members stipulated by the Policy, in due time and in compliance with professional rules. 1 The CIX MEMBER undertakes to realise connection to CIX LAN within 90 days following the conclusion of this Agreement. Should the CIX MEMBER fail to do so, SRCE shall terminate the Agreement without prior notice and without repayment of costs for the CIX access charge. Should the CIX MEMBER fail to fulfill its obligations stipulated by the Policy or should it disregard the provisions set forth in this Agreement, SRCE shall have the right to terminate this Agreement, with all legal consequences for the CIX MEMBER that has failed to fulfill its obligations under the Agreement, in compliance with the provisions of the Civil Obligations Act. Article 4 The CIX MEMBER undertakes to pay to SRCE's transfer account number 70010 978 003259, SWIFT: PBZGHR2X, IBAN: HR37 2340 0091 1000 1021 5 the access charge amount of 3000 kuna, compliant to the effective price list of CIX services established in accordance with the Policy. The said payment transfer shall be made within 15 days from the day of conclusion of this Agreement, based on the invoice issued by SRCE. The CIX MEMBER undertakes to pay to SRCE's transfer account number 70010 978 003259, SWIFT: PBZGHR2X, IBAN: HR37 2340 0091 1000 1021 5 the monthly amount of the compensation for CIX services, depending on the selected type of service and according to the effective price list established in compliance with the Policy. The representative of the CIX MEMBER shall notify SRCE in writing about the type of service and change in the type of service not later than 15 days before the start of the period of service use. The contractual parties agree that the obligation of the CIX MEMBER to pay the fee for the CIX services becomes effective on the day of the CIX MEMBER's connection to CIX LAN. Monthly payments are made on the basis of the invoices issued by SRCE for the accounting month and are due by the 15th day of the following month. The service is taxable with value added tax by the headquarters of service recipient (taxpayer), in accordance with the value added tax law. Article 5 When using the CIX services, the CIX MEMBER assumes full responsibility for its overall activity effected through CIX pursuant to the Policy provisions, therefore SRCE shall not be held responsible for any such activity. When using CIX, the CIX MEMBER undertakes to act in accordance with the Internet norms which primarily imply not causing any damage to other entities, particularly not to other CIX members and SRCE. The CIX MEMBER shall be held liable for any damage incurred on the equipment of either CIX or another CIX member, the damage being caused either by the CIX MEMBER's equipment or actions, or by the actions of the authorised technical personnel of the CIX MEMBER in CIX. The CIX MEMBER's authorised technical personnel are obliged to use the equipment with the caution of a good specialist. The CIX MEMBER guarantees that the equipment stored in the CIX communication closet , as well as other equipment that the CIX MEMBER may have placed in or on the SRCE building, fully satisfy the technical standards and rules of the Republic of Croatia and are in no way harmful to the health of employees and visitors to the building of SRCE or its surroundings. The CIX MEMBER shall be held liable for any damage resulting from its failure to fulfill the conditions referred to in the previous paragraph. 2 When asked by SRCE to do so, the CIX MEMBER agrees to relocate the installed equipment at its own expense, if this becomes necessary for technical or other legitimate reasons. Article 6 The CIX MEMBER appoints its representative in the CIX Council, in the person of ................ and his/her deputy, in the person of .................... The representative of the CIX MEMBER referred to in paragraph 1 of this Article is authorised for any official contacts with SRCE, including the defining of the level of service that the CIX MEMBER is using. Official contacts with SRCE are conducted in written form, by official letter or using the electronic address cix@srce.hr , all in compliance with the Policy provisions related to written communication. The CIX MEMBER has determined the address _ e-mail address _ as the address for official communication between SRCE and the CIX MEMBER, in terms of the Policy provisions related to written communication. The list of technical personnel authorised by the CIX MEMBER to access the CIX facility and use the CIX MEMBER's equipment placed in the communication closet located in the computing room at SRCE is provided in Annex 1 to this Agreement, which makes its integral part. Article 7 The CIX MEMBER assumes the obligation to keep record of and regularly update the data related to the obligations specified in Article 6 of this Agreement, as well as the data related to the agreements on mutual internet exchange (peering agreements) with other CIX members. Article 8 This Agreement is concluded for the period of 1 (one) year, starting with the day of its becoming effective, and will be extended automatically and under the same conditions, unless either of the contractual parties terminates it by a written notice sent 30 days before the expiry of the Agreement. In other cases of termination of the Agreement, the Agreement shall be terminated in written form, the notice period being 30 days, unless the contractual parties have agreed otherwise. Article 9 If the Agreement is terminated because of the CIX MEMBER's failure to fulfill its obligations assumed under the Agreement, provisions of the Civil Obligations Act shall be applied. Article 10 In case of a dispute arising from this Agreement, the contractual parties agree to try to settle such a dispute in good faith and in compliance with the provisions set forth in the Policy and in this Agreement. Should their attempt fail, they will accept the jurisdiction of the Court in Zagreb. Article 11 This Agreement has been made in 4 identical copies, two (2) of which are kept by SRCE, while the remaining two (2) are kept by the CIX MEMBER. 3 Article 12 The contractual parties have read this Agreement, as well as the Policy, which is the basis for entering into this Agreement. They have signed the Agreement and pronounced it valid as of _ date _. Ref. Number: _SRCE_reference number_ On behalf of SRCE: Zoran Bekić, PhD Director On behalf of _ name of the legal entity_ _First name_Surname_Profession_ _ Position _ 4