for the Use of Internet Number Resources
Published on October 1st, 2022
This is a service agreement between
CIDR/EU LIR Services
hereinafter referred to as LIR,
a n d
hereinafter referred to as Customer.
- The Local Internet Registry (hereinafter LIR) provides Internet Number Resources.
- An Internet Number Resource (for short Resource) is
- The Customer is the contractual partner of the LIR and uses Resources provided by the LIR.
- End customers are customers of the Customer, whether they are residential or business customers.
- The agreement is this service agreement, including all documents which become part of it (Article 2.2).
- The word services usually but not exclusively refers to the provision of Resource.
- The word (hand)written refers to a document on paper with a handwritten signature. In case it is not sent via postal service, the document must be either scanned or photographed to be effective.
- The word digitally or informally refers to a document or statement sent via email.
- When only the word days is used, all days of a week including holidays count, while for the term business days only the days Monday to Friday, including holidays, count.
- This agreement is intended for Customers which plan to use the Resources provided for business purposes according to the provisions of this agreement. You are not eligible to enter this agreement in case
- you are a Consumer (this restriction is due to various legal reasons).
- you are located within or significantly associated with the Russian Federation, Belarus, North Korea, Iran, China (including SARs such as Hong Kong), Syria or Turkey.
- The following document becomes part of this agreement:
- In case the Customer is provided with an Autonomous System Number (ASN), the Autonomous System (AS) Number Assignment Policies (ripe-679) of the RIPE NCC from 14th March 2017.
- The agreement can only be changed by a written amendment agreement; however, in case this template is updated, the LIR may request the Customer to informally accept the amended version. This does not apply to essential contractual provisions (e.g. the prices agreed upon).
- In the event of misunderstandings about statements made by a contracting party, the provisions of the original agreement are solely authoritative.
- The contractual language is English, any translations are only used for explanation purposes.
- The relevant time for determination of dates/times is the Coordinated Universal Time (UTC).
3.0 Required Information
3.1 Due DiligenceOne of our jobs is to prevent an use of Resources, which can affect the network integrity of third parties or which is prohibited at all, such as (ab)using Resources to distribute advertising or unsolicited e-mails.
To enter this agreement, the Customer may be required to provide certain information to prove his identity:
- A photograph of a handwritten note on paper with the present date, together with an identification card (ID).
All information stated before will be destroyed once the verification process has finished.
3.2 Business InformationDepending on the legal status of the Customer, following information will be required to enter the agreement:
- Legal Entities
- The full company name and the business address.
- The name and job title of the authorized person which will sign the agreement.
- A recent extract of the commercial trade register.
- Natural Persons (Sole Traders)
- The full name and the business address.
- A copy of the trading license or another suitable document.
3.3 Other InformationIn addition, following information will be required to enter the agreement:
- Where available, the VAT number.
- An email address for the redirection of abuse reports.
- A phone number which will be published in the RIR database (PERSON object).
- The LIR provides the following Resources for the Customer:
1. The IPv4 PA /24 subnet with notation […] for […] per each commenced month.
2. The IPv6 PA /48 subnet with notation […] for […] per each commenced month.
- Resources are not reserved. They cannot be provided until the initial invoice is paid completely.
4.2 Use of Resources
The Customer needs to make sure to the best of his knowledge that resources are not used in a way – also by end customers – which is not compliant with this agreement.
Resources must not be used
- for email marketing purposes.
- for unlawful purposes or activities which are usually considered as illegitimate (e.g. spamming).
Resources may only be used in their according RIR Service Region, unless otherwise agreed.
4.3 Abuse Reports
- Reaction Time: The Customer must react to abuse reports in a timley manner (typically within 24 hours) and, if applicable, needs to take necessary actions to stop any unintended use of resources.
- Response Time: The Customer must respond to abuse reports within 72 hours. However, there is no obligation to answer reports which were made automatically.
4.4 Important Notes
- Provider Aggregatable (PA) address space: Any assignments of Resources are valid as long as the criteria for the original assignment are met and only for the duration of this agreement. The LIR has the right to reassign previously used address space to another customer upon termination or after end of this agreement or an agreed period thereafter. In that case, the Customer will have to re-configure the addresses of all equipment using this IP space if he continues to require global uniqueness of those addresses.
Autonomous System Numbers (ASNs): In case of termination of this agreement, the Customer may seek to extend the right to use the same ASN by entering into an End User Assignment Agreement with the RIPE NCC or by applying for Assignment pursuant to an Independent Assignment Request and Maintenance Agreement with another LIR. The Customer understands and agrees that the ASN may be re-assigned by the RIPE NCC to another Customer if the Customer does not seek to extend the right to use within three months of the termination of the Agreement.
- As ASNs are provider independent resources (PI) they must not be sub-assigned to a third party.
- Resources will return by default to the RIPE NCC in case this agreement is terminated.
- The use of ASNs is subject to the Autonomous System (AS) Number Assignment Policies of the RIPE NCC. They become part of this agreement (Article 2.2.2).
5.0 Taxes, Billing and Payments
- Any prices exclude VAT if such is applicable.
- According to German or European tax legislation the Customer may be liable for the sales tax (e.g. reverse-charge). In any case, he is obligated to pay all taxes which are applicable in his country.
- Invoices after the initial invoice are issued monthly at the beginning of each month.
- Where agreed, the billing cycle may change to a quarterly, semi-annually or annually charging scheme.
- Payments are made in EUR via SEPA credit transfer or using Wise (formerly known as TransferWise).
- Invoices are due ten (10) days after the date of invoice. If no complete payment is done within that period, the Customer will be in default without further notice of default being required.
- For late payments (Article 5.6) the LIR is entitled to charge a late payment fee of up to €75.00.
- Any objections to an invoice need to be made before the invoice is due (Article 5.6); if not objected within that timeframe, the invoice is deemed accepted.
6.0 Indexation Clause
The fees for each resource – except ASNs – increase by three percent (3%) per year, starting with the third year.
- Prices are in EUR (€).
- The one-time setup fee for each
- IPv4 PA subnet is 0,00 €.
- IPv6 PA subnet is 50,00 €.
- Autonomous System Number (ASN) is 150,00 €.
- The creation, modification or removal of required data objects in the RIR database, especially the ROUTE, INETNUM or DOMAIN objects, is free of charge. The same applies to Route Origin Authorisations (ROA).
- For an additional Letter of Authorization (LOA) a one-time fee of €15.00 is charged. This does not apply to the first LOA requested by the Customer or if the Customer did not request a LOA within the last six (6) months.
8.0 Term and Termination
- This agreement is concluded for an indefinite period of time unless terminated in accordance with the provisions of this article. Nevertheless, the minimum term of this agreement is twelve (12) months.
- After the end of the current term, it will extend by the same time unless terminated within the notice period.
- The notice period is three (3) months to the end of the current term for both parties.
- This agreement can be either terminated by a written or digitally provided notice.
- The LIR is entitled to terminate this agreement without notice and with immediate effect in case
- the Customer uses Resources in a way which is not compliant with Article 4.2.
- the Customer repeatedly does not respond to abuse reports or does not take necessary actions to stop any unintended use – also by end customers – of Resources.
- the Customer provides the LIR with misleading data or provides the LIR repeatedly with incomplete or incorrect data or does not provide data at all.
- the Customer repeatedly falls into default of payment as described in Article 5.6 or fails to pay an invoice within thirty (30) days after the date of invoice.
- the Customer fails to pay the initial invoice within three (3) business days.
- The LIR is further entitled to terminate this agreement with a notice period of thirty (30) days in case the Customer refuses or does not give his consent within fourteen (14) days for an insignificant amendment of this agreement as described in Article 2.3.
- In case this agreement is terminated for cause according to the Articles 8.5 and 8.6,
- the LIR will be entitled to claim all payments for the remaining part of the originally agreed period (Article 8.1) as a single fixed compensation, which, in that case, will be due immediately.
- the Customer is not exempted from his payment obligations.
- the Customer loses the right to use any of the provided services.
- the Customer cannot claim compensation or the refund of payments.
- The Customer has to make sure that all announcements for all Resources covered by this agreement are removed within 24 hours prior the end of contract, otherwise a contractual penalty of 150% of the fees per month concluded (Article 4.1) applies to each commenced month the announcement remains; in any case not less than €250.00.
9.0 Information Obligations
The Customer is obligated to inform the LIR about important changes without being requested, such as a change of his (company) name, business address or email addresses used for contact or invoices.
- The Customer is liable for all aspects of the use of services provided by the LIR.
- The LIR is not liable for any damages caused due to events beyond responsibility, including but not limited to force majeure, embargoes, government measures and denial of service attacks.
- The Customer is obligated to indemnify the LIR against any and all third party claims filed against the LIR in relation to the Customers use of the provided services.
- In any event, the liability of the LIR is limited to the fees paid by the Customer within the last twelve months.
11.0 Governing Law
All agreements between the LIR and the Customer are solely governed by the laws of Germany to the exclusion of the UN Sales Convention. Place of jurisdiction is Passau, Germany.