Terms & Conditions

 

1. DEFINITIONS

In this Agreement, except where the context otherwise requires, capitalized words and expressions set out in the title clause and recitals above shall have the meanings set out therein and the following words and expressions shall have the following meanings:

1.1.   AqabaIX: The Aqaba Internet exchange is a neutral Internet Exchange Point (IXP) service

1.2.   AqabaIX Party means AqabaIX, its Affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders, and representatives).

1.3.   AqabaIX Infrastructure: The Aqaba Internet exchange Infrastructure, providing Ethernet/Layer 2 connections in Aqaba, Jordan, facilitating the exchange of IPv4 and IPv6 Internet traffic between connected participants.

1.4.   AqabaIX Location: Physical location where the AqabaIX infrastructure is present. (AqabaIX1: King Abdallah II ST, Aqaba, Jordan)

1.5.   AqabaIX Shared Area: Dedicated and separated rack space at the AqabaIX Location(s) where participant may rent Rackspace for peering equipment on a per rack unit basis.

1.6.   NOC: The AqabaIX Network Operations Center is responsible for the operations and maintenance of the AqabaIX infrastructure. The AqabaIX Network Operations Center service is exclusively provided by staff members nominated by AqabaIX board of directors and can be contacted by means of e-mail: noc@AqabaIX.com and telephone: +962-6-5854646

1.7.   Services: services, that provide access to the AqabaIX Infrastructure.

1.8.   Participant: Organization (legal entity or personal) having access to AqabaIX Infrastructure and/or using AqabaIX services.

1.9.   Port: A Port is the technical interface between a Participant and the AqabaIX Infrastructure. A Port may be either a physical port of a Participant or a port channel.

1.10.   Port Channel: A port channel is the concatenation of several physical ports.

1.11.   Local Connection: The physical cable connection or connections of a Participant’s collocated peering router to the AqabaIX infrastructure.

1.12.   Remote Connection: The physical connection path of a Participant’s distant peering router, using either Participants or third-party cable and/or higher layer infrastructure to the AqabaIX shared medium.

1.13.   Transit Services: A BGP peering relation between two autonomous systems, where one of the involved parties provides full routing table or announces a default route with the intention to provide global internet connectivity.

1.14.   Support Services: all support services provided to Participant by AqabaIX related to Participant’s use of AqabaIX Services.

1.15.   AqabaIX IP Address: Unique IP-address assigned to each Participant for access to AqabaIX infrastructure. Each Participant gets one unique IPv4 and/or IPv6 address assigned per Connection, out of a dedicated address range allocated for the AqabaIX infrastructure.

1.16.   Affiliates means any person, firm, corporation, association, organization, or unincorporated trade or business that, now or hereafter, directly or indirectly, controls, is controlled by, or is under common control with the Parties, including without limitation, any service corporation of the Parties.

1.17.   Business Day means any day other than Friday, Saturday, or any gazette public holiday in Jordan.

1.18.   Effective Date: means the commencement date of this Agreement which is (*/*/****)

1.19.   Expiry Date: means the expiration date of this Agreement which is the expiry of the last service provided by AqabaIX to its Participant

1.20.   Force Majeure: has the meaning provided in Clause (16) of this Agreement.

1.21.   Website: means all webpages accessible from the http://www.AqabaIX.com domain.

1.22.   Service’s Fees: shall have the meaning stipulated in Annex (*) of this Agreement

1.23.   Confidentiality: has the meaning provided in Clause (17) of this Agreement.

2. GENERAL PRINCIPLES

Participants acknowledge that AqabaIX is not an Internet Service Provider (ISP) itself and it is not intended for the sale of Internet transit services over the peering LAN. AqabaIX provides a complementary infrastructure to its participants for optimization of local and regional Internet traffic flows.

It is the responsibility of each connected Participant to establish either bilateral peerings with other Participants or multilateral peerings using the AqabaIX route servers. An open and settlement-free peering policy is encouraged at AqabaIX but not compulsory. The only routing protocol allowed on the peering LAN is BGP.

Different Order Form also applies for ports that are additionally ordered (upgrades) after the signing of the first Order Form between AqabaIX and Participant. Participant hereby confirms entering in relations with AqabaIX not as a consumer. Any regulations of Consumer Protection Acts are therefore not applicable on the agreements between AqabaIX and the Participant.

3. TERMS AND CONDITIONS

These terms and conditions shall be applied to all agreements governing the connection to the Aqaba Internet exchange (AqabaIX) infrastructure;

3.1  The use of the Services is subject to policies that are established by AqabaIX and are published on the Website and as may be updated from time to time (the "Policy").

3.2  Participant’s continued use of Services after an amendment of Policy has taken effect constitutes Participant’s consent to the amendment of this Policy. If Participant does not agree with a new Policy, Participant may terminate the Agreement in accordance with Clause (14) of this Agreement.

4. LEGAL CAPACITY.

4.1.   If the Participant is an individual, he or she represents and warrants that he or she is of the age and capacity that it is legally right under the relevant laws applicable in his/her own country and able to enter into this Agreement and use the Services in accordance with it and the applicable laws.

4.2.   If the Participant is a corporation, the Participant represents and warrants that it has the authority and corporate power resulting from all necessary corporate actions to authorize the execution, delivery, and performance of this Agreement.

5. PREREQUISITES FOR THE CONNECTION to AqabaIX

5.1.   Autonomous System (AS) Number: Participants are required to use their own properly assigned and globally unique AS number for any BGP4 peering session on the AqabaIX infrastructure. All advertised AS numbers on any peering session at AqabaIX have to be globally unique and properly assigned and documented in a RIR database (Regional Internet Registry, e.g. the RIPE-NCC) and the announcing AqabaIX participant needs to be authorized to do so.

1.1.   IP Address Space: All advertised IP address space on any peering session at AqabaIX has to be globally unique and properly assigned and documented in a RIR database (Regional Internet Registry, e.g. the RIPE-NCC) and the announcing Participant needs to be authorized to do so.

1.2.   Global Internet Connectivity (Optional): Participants are required to have their AS number and IP address space provided with global Internet connectivity before the connection to AqabaIX infrastructure is established.

6. TECHNICAL POLICY, RIGHTS, AND OBLIGATIONS OF THE PARTIES.

6.1.   AqabaIX reserves the right to modify or expand the Scope of the Services and to make improvements if changing technical conditions require. Restrictions are permissible if they do not adversely affect the contracted functionality. Notwithstanding the foregoing, in the case of a change to AqabaIX infrastructure or other technology used to provide the contracted services to the Participant, AqabaIX will use reasonable efforts to notify the Participant of any such change and, unless otherwise agreed by the Participant and AqabaIX, provide the Participant? unless otherwise agreed by the parties ? a reasonable period (at least 30 Days), to fully test the change and determine its impact on the Participant before the change is fully implemented. If the change would have an adverse impact on the Participant or the contracted Services to the Participant, the Participant may object to the change within 30 Days of the end of the test period. If the Participant objects to the change, this change will not be implemented in relation to the contracted Services to the Participant. In this case AqabaIX is entitled to terminate the Agreement in accordance with Clause (14).

7. SERVICES PROVIDED BY AqabaIX

7.1.   AqabaIX will provide access to its infrastructure (Services) to its Participants

7.2.   AqabaIX will provide and maintain the Connections for all under the same General Terms and Conditions.

7.3.   Proper function of the AqabaIX core equipment and shared infrastructure is continually monitored, aiming at seamless operation.

7.4.   AqabaIX is providing resilient BGP route servers. Participants are encouraged to use these route servers to ease peering configuration.

7.5.   AqabaIX is providing and maintaining a web page (http://AqabaIX.com) with links to the individual Participants’ homepage. Peering status (voluntary), operational status, summary statistics and other information is also made public through this web page. More detailed views for Participants, like port and peering statistics, are made available through a web portal, only accessible by individually registered staff.

7.6.   AqabaIX is providing and maintaining a closed mailing list for operational information, where all Participants are subscribed with a suitable role mailbox (i.e. NOC).

7.7.   AqabaIX will provide Support Services for AqabaIX Services to Participants during AqabaIX 24x7.

8. RESPONSIBILITY OF THE PARTICIPANT

8.1.     All routing prefixes which are announced to any peer at AqabaIX shall be registered with the authorized origin AS number in an RPSL based IRR (Internet Routing Registry), preferably in the RIPE-DB or any other database advised by AqabaIX.

8.2.     A peering session with at least the AqabaIX service AS (AS207515) and/or the AqabaIX routing collector is required, whichever enables the Looking Glass service on the AqabaIX web page.

8.3.     Only one unique Ethernet/MAC address may be used and brought to the attention of the AqabaIX on the AqabaIX infrastructure on any Participants Connection (port or port channel) to the AqabaIX. The AqabaIX port security will automatically discard packets, which are violating the MAC address limitation.

8.4.     Only the specifically assigned unique unicast IPv4 and/or IPv6 AqabaIX peering LAN address may be used on any particular Connection.

8.5.     ICMP Pings to these peering LAN addresses shall be allowed from within the AqabaIX peering LAN and from the monitoring machines of AqabaIX.

8.6.     Proper configuration and performance of its Connection(s) shall be periodically verified by Participant by using the tools and views offered by the AqabaIX web portal that shows own port and peering statistics to Participant, and information regarding round trip delay and jitter, layer 2 views and layer 2 anomalies of all connected Participants.

8.7.     Participant has to continuously fulfil the prerequisites according to Article 8.

8.8.     Participant agrees to upgrade any of its Ports where the traffic exceeds 80% (95th percentile) of the port capacity within 30 days, or 90% (95th percentile) of the port capacity within 14 days to ensure the service quality performed within AqabaIX.

8.9.     The following contacts shall be appointed in order to represent Participant in specific matters:

8.9.1.     Contractual Contact (official addressee for any legal correspondence)

8.9.2.     Technical Contact

8.9.3.     Billing Contact

8.9.4.     Peering Contact

8.10.     All organizational changes relevant for these terms and conditions have to be immediately communicated to AqabaIX, at least by e-mail to admin@AqabaIX.com, all operational and technical issues to noc@AqabaIX.com.

8.11.     Notifications from the AqabaIX NOC regarding performance relevant issues of any of Participant’s Connection shall be considered and confirmed within three working days.

8.12.     The Participant is obliged to use the Services provided by AqabaIX properly and in regard to the Agreement, it is obliged specifically:

8.13.     To remain in good standing by paying all applicable Service Fees, as stated in Annex (*) of this Agreement.

8.14.     To pay the agreed fee in accordance with the Service’s Fees;

8.15.     to provide AqabaIX upon signature of this Agreement, as a requirement for the provision of Service:

8.15.1.     A description of the base configuration of the type of equipment to be installed in the AqabaIX Shared Area if the Participant would like use AqabaIX Shared Area.

8.15.2.     A declaration that it holds the necessary insurance cover for fire, theft, and third-party liability for the equipment.

8.16.    Not to interfere with or cause interference with or disruption to Services, the Exchange Points, or other Participant’s.

8.17.    Not to misuse access to the Services and to avoid illegal acts,

8.18.    To comply with national and applicable international statutes and technical or legal guidelines, safety guidelines, manufacturer specifications, and official orders and to obtain official permits if needed currently in future within the framework of the Services provided by AqabaIX,

8.19.    To give AqabaIX and/or its affiliates access and/or entry at all times to the items brought in if AqabaIX and/or its affiliates believes this is necessary,

8.20.    Not to affect items of third parties, not to gain access outside the contracted Services to or investigate (data) systems not owned by the Participant,

8.21.    To notify AqabaIX without delay of identifiable complaints, defects, or loss with regard to the Services (Fault Report),

8.22.    To do everything reasonable to make possible identification of the defect or damage and its causes or facilitate and speed the correction of the fault

If the Participant fails to meet its obligations in Clause (10), AqabaIX may provide the Participant written notice of the violation and 30 Days cure period. If the Participant fails to cure the violation with such period, AqabaIX is entitled to terminate the Agreement in accordance with Clause (14); this shall not affect the right of AqabaIX to block the connection without prior notice if such violation affect AqabaIX Services or other Participant’s, provided that AqabaIX agrees to make reasonable efforts to notify the Participant immediately of the blockage by giving the Participant details of Participant’s breach. Absent a termination as mentioned above, AqabaIX will use reasonable efforts to restore the Service promptly after the breach is remedied.

9. USE ANDLIMITATIONS

9.1.   Participant is entitled to use the Connection to AqabaIX for peering purposes only. This right is nonexclusive and non-transferable. Participant is not entitled to assign any of its rights under this terms and conditions to any third party without previous written consent of AqabaIX. Selling of Transit Services using the Connection to the AqabaIX infrastructure is not supported.

9.2.   To actually exchange traffic at AqabaIX, a bilateral agreement needs to be established between participants, however by using AqabaIX route servers an open peering policy can be implemented conveniently. In that case no individual bilateral agreements with other Participants, that also have chosen open peering policy, are required. The route server web-interface provides contact information of other Participants and ease the management of peering agreements. The required routing protocol for all AqabaIX peering relations is BGP4. Internal routing protocols must not be used on nor exported to the AqabaIX infrastructure.

9.3.   Participant accepts full responsibility for its use of the connection to the AqabaIX infrastructure specifically that neither Participant nor Participant’s use of the connection does cause or is likely to cause any damage, or is in any other way harmful to the AqabaIX infrastructure or to the normal operation, availability or functionality of the AqabaIX services or to the traffic exchanged thereon. Participant agrees to implement any reasonable measures that AqabaIX may propose to prevent or repair such damage or harm. Participant will observe any relevant instructions which are published on the AqabaIX web page and/or announced to the operations mailing list.

9.4.  The Services of AqabaIX are provided subject to all applicable laws and regulations. Participant will comply, and ensure that its personnel and subcontractors comply, with all applicable laws and regulations including without limitation: local license or permit requirements; and applicable export/re?export, sanctions, import and customs laws, and regulations. AqabaIX makes no representation as to whether any regulatory approvals, if any, required by Participant to use the service will be granted. AqabaIX reserves the right to discontinue Service where Participant has failed to comply with the provisions of this Clause and AqabaIX shall in no event be liable in respect of Participant’s failure to comply with this Clause.

9.5.   AqabaIX is entitled to (a) suspend or (b) discontinue the Connection of a Participant, in whole or in part, and/or (c) to require that certain conditions be met before continuation thereof, if:

9.5.1.   Participant is infringing paragraphs (11.1.11.2 and 11.3) of this Article  and has not, within reasonable terms after a written (emailed) request from the AqabaIX operations staff, implemented adequate measures to prevent or repair such infringement; suspension without previous written request may be imposed on Participant in case of urgent danger for the AqabaIX or its operations;

9.5.2.   it is necessary for AqabaIX to comply with a judicial decision;

9.5.3.   it is necessary for installation or maintenance of hardware, software or infrastructure that is used or otherwise relevant for AqabaIX; such action, of course, has to be preceded by an adequately scheduled notification;

9.5.4.   Participant is in breach of one or more of its essential obligations under this terms and conditions especially if a violation of Article 11.4 of these Terms and Conditions occurs.

9.5.5.   Participant connects via an unstable or broken remote connection to AqabaIX.

10. FEES AND PAYMENT

10.1.    Participants agree to pay the costs as specified in (Annex Fees and Billing) of this Agreement and as specified in the Order Form of relevant Service.

10.2.    All payment shall be made in the currency indicated in the order form of the specific service, assuming all bank charges. Monthly costs will be periodically invoiced in advance and are due within one month of the date of the invoice. The setup fee is due with signing of the Connection Agreement and payment is a prerequisite for the establishment of the Connection. The penalty for late payment is set at 8% above the standard interest rate published by the Central Bank of Jordan (CBJ) and applies if Participant has not settled its invoice within one month. AqabaIX is entitled to enter into collection assignment agreements with third parties. The resulting costs will have to be covered by the Participant.

10.3.    Discounts will be granted only according to published terms on the AqabaIX web site.

10.4.    If AqabaIX is unable to collect the fees for two consecutive months, AqabaIX is entitled to discontinue the connection without any further notice.

11. AGREEMENT TERM

11.1.        The Term of this Agreement is equivalent to the term of the Services provided by AqabaIX to Participant

11.2.        This Agreement shall be renewed automatically after the initial term of the Services provided by AqabaIX to Participant unless a notification is sent by the Participant at least one (1) month of the Expiry Date.

11.3.        Suspension: AqabaIX may at any time without prior notice suspend all or part of Services to Participant where:

11.3.1.        Participant fails to make any payment due to this Agreement by the due date and fails to make such payments within according to Clause 12 from this Agreement

11.3.2.        Participant is under default of any of its obligations under the Service Agreement;

11.3.3.        Necessary or perceived as necessary by AqabaIX, at its sole discretion, to protect the integrity of Services, Exchange Points and the facilities, equipment and networks of AqabaIX and/or other Participants.

11.3.4.        AqabaIX needs to repair a fault in its network or in any network equipment as a result of any unplanned outage or for any other reason beyond the AqabaIX’s control

11.3.5.        Suspensions will be lifted, and Services resumed within a reasonable period of time when the underlying cause for suspension has been resolved to AqabaIX’s satisfaction. AqabaIX may require Participant to pay Service Fees associated with reconnection charges, as may be included in the Clause12.

 

12. TERMINATION

12.1.        Participant ownership or a substantial amount of its share capital is acquired by a competitor of AqabaIX, as reasonably determined by AqabaIX;

12.2.        Participant sells all or a substantial part of its assets, participates in a merger, or other reorganization in which it is not the surviving entity;

12.3.        Participant ceases to do business, becomes unable to pay its debts when they fall due (e.g. according Clause 12 of this Agreement), becomes or is deemed insolvent or bankrupt, has a receiver, manager, administrator, administrative receiver or similar officer appointed in respect of the while or any part of its assets or business, makes any composition or arrangement with its creditors, takes or suffers any similar action in consequence of debt or an order or resolution is made for its dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction), enters into liquidation whether compulsory or voluntary.

12.4.        If the Agreement is terminated by the Participant for any reason or by AqabaIX for cause (i.e. Participant’s breach of the Agreement) or due to actual or imminent insolvency or bankruptcy or ceasing to do business in the ordinary course, the Participant shall pay all the Fees associated to the Services provided by AqabaIX to the Participant until the expiry of the Service Initial Term, any Fees that have been paid yearly in advance by the Participant are non-refundable.

12.5.        If AqabaIX terminates this Agreement without cause, the Participant will receive a pro-rated refund for the portion of applicable Service Fees for which Services have not been provided.

12.6.        AqabaIX can terminate this Agreement by giving one (1) months’ notice If the Participant:

12.6.1.        Violates its duties under this Agreement.

12.6.2.        The breach of duty threatens the technical excitability, stability, or performance of the AqabaIX platform or key sub-systems, or the legally protected interests, particularly the assets or good reputation, of AqabaIX.

12.6.3.        The breach of duty cannot be properly counteracted by AqabaIX with technical measures (e.g., restrictions, suspensions).

12.7.        If AqabaIX, due to mandatory changes in applicable technical standards or applicable legal requirements cannot reasonably continue to provide the relevant AqabaIX services (or no longer in the agreed manner and type) in compliance with the laws and/or standards

12.8.        Upon cancellation or termination for any reason of an agreement under these terms and conditions:

12.8.1.        The equipment installed by the Participant in AqabaIX Shared Area shall be removed by the Participant within 60 (sixty) days from the date of termination; AqabaIX shall be responsible for the safe keeping of the above-mentioned equipment until collection of the equipment by the Participant and, in any event, for no longer than 60 (sixty) days from the date of termination.

12.8.2.        All rights granted to Participant.

12.8.3.        Participant shall cease all activities authorized by their Agreement

12.8.4.        Parties shall immediately pay to each other any sums due to the other party under the Agreement;

13. LIABILITY

13.1.        Neither AqabaIX nor Participant shall be liable towards any other party for compensation of direct, minor consequential damage, including lost profits and damage consisting of or resulting from loss of data or information.

13.2.        Any liability of AqabaIX towards Participant for compensation of material damage directly resulting from the AqabaIX performance or non-performance of this agreement is at all times limited to the amount of fees paid by Participant under Agreements under this Agreement within the last 6 months from the event.

14. FORCE MAJEURE

14.1.        An “Event of Force Majeure” means any circumstance not within the reasonable control of the Participant and AqabaIX, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence, cannot be, or be caused to be, prevented, avoided or removed by the Participant and AqabaIX, and (ii) such circumstance materially and adversely affects the ability of the Participant or AqabaIX to perform its obligations under these Terms and Conditions Agreement, and Participant and AqabaIX have taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on their abilities to perform their obligations and to mitigate the consequences thereof.

14.2.        Events of Force Majeure shall include, but not be limited to fire, chemical or radioactive contamination or ionizing radiation, earthquakes, lightning, cyclones, hurricanes, floods or other natural calamities and acts of God; explosion, accident, breakage of a plant or equipment, structural collapse, acts of war, invasion, acts of terrorists, blockade, embargo, riot, public disorder, violent demonstrations, rebellion, strikes, lockouts, work stoppage, labor disputes.

14.3.        Participant and AqabaIX shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Force Majeure Event.

15. CONFIDENTIALITY

15.1.        Participant will maintain as confidential all information obtained under its agreement(s) with AqabaIX and will not divulge such information to any person (except to their own employees or subcontractors and then only to those employees or subcontractors who need to know same) without AqabaIX’s prior written consent.

15.2.        This clause will not extend to

15.2.1.        information which was rightfully in the possession of the Participant prior to the participation in the AqabaIX, information which was already in the public domain or becomes so at a future date (otherwise than as a result of a breach of this clause or any other confidentiality agreement) or

15.2.2.        information which is trivial or obvious.

15.3.   Participant will ensure that its employees, subcontractors, assignees or agents are aware of and comply with the requirements of this clause. If requested, the participant or its employees or subcontractors will sign a confidentiality agreement in a form specified and provided by AqabaIX.

16. APPLICABLE LAW

16.1.        These terms and conditions are concluded according to the law of Jordan and Jordan Telecom Regulator Commission (TRC).

16.2.        Any dispute concerning the conclusion, interpretation or performance of the AqabaIX Agreement by negotiation, including the formation, performance, interpretation, nullification, termination or invalidation, the dispute will be referred to Amman Court of First Instance and the aforementioned court is the competent court to settle all the matters related to this Agreement or arising therefrom.

16.3. The chosen domicile of each Party is the address stated in the Contact Information provided by the Participant, which is the approved address for all the notices, regulations, declarations and judicial awards.

17. GENREAL PROVISION

17.1. Survival

All terms and provisions of this Agreement, which should by their nature survive the termination of the Service Agreement, shall so survive.

17.2. Relationship of the Parties

The relationship between AqabaIX and the Participant is that of independent contractors, and nothing in this Agreement shall be construed to constitute the Parties as partners, joint ventures, co-owners or otherwise as Participants in a joint or a common undertaking.

17.3. Consent to receive commercial electronic messages.

By entering into this Agreement, the Participant agrees to receive commercial electronic messages from AqabaIX. Participant may, at any time, unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages. However, Services rely heavily on electronic messaging with Participants. Unsubscribing to commercial electronic messages from AqabaIX may therefore impede or prevent AqabaIX from delivering Services to Participant.

17.4. Severability

If any provision of this agreement is or becomes invalid this does not affect the validity of the remaining provisions. Instead, the invalid provision is deemed to be replaced by a provision which corresponds to or at least approximates the purpose of the agreement and which the parties would have agreed to achieve the same commercial result if they had been aware of the invalidity of the original provision. The same applies to incompleteness of the provisions.

17.5. Right of Relocation.

AqabaIX is entitled to relocate its location within the hosting facilities or to other hosting facilities. This measure is subject to written notification within 8 weeks' notice.

17.6.  No ancillary agreements are made Participant confirms that, in agreeing to enter into this Agreement, it has not relied on any representation except as set out herein and Participant agrees it shall have no remedy in respect of any misrepresentation that has not become a term of the Agreement, excluding any intentional and fraudulent misrepresentation.

17.7.  Participant acknowledges that any and all patent, registered and unregistered designs, copyrights, trademarks and all other intellectual property rights whatsoever and whosesoever enforceable, which are used in connection with the Services, shall remain the sole property of AqabaIX or AqabaIX Parties.

17.8.  Departures from the present terms and conditions must be in writing signed by both AqabaIX and Participant. This also applies to any waiver of the requirement for the written form. If the statute sets more stringent requirements, these must be observed.

17.9.  The representatives of the Participant are not authorized to enter into oral agreements or give oral guarantees.

18.   NOTICES

Subject to this Agreement, any notice or other communication to be made pursuant to the terms and conditions of this Agreement shall be in writing and shall be sufficient made if:

18.1     Sent by pre-paid first-class post, and shall be deemed to have been delivered two Business Days after the communication was posted: or

18.2     Sent by electronic mail and shall be deemed to have been delivered on the next day after the communication was posted.

18.3     Any electronic communication made between a Sending Party and a Receiving Party under (20.2) shall be effective only when actually received by the Receiving Party in readable form.

18.4     The addresses for notices for each Party is as below or as may be notified by the Parties from time to time:

 

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