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ElectraLink Data Transfer Handbook

By Frank Baker,2014-02-08 05:23
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ElectraLink Data Transfer HandbookElectr

    DATED Date

    [ Company ]

    and

    ElectraLink Limited

    As the Service Controller

    Local User Agreement

Page 1 of 6 16 January 2013

    File ref: 762865130.docx ? ElectraLink Ltd 2013

THIS LOCAL USER AGREEMENT is made on the day day of Month Year

    BETWEEN

    (1) ELECTRALINK LIMITED a company incorporated in England and Wales (registered

    no. 3271981), whose registered office is at Ground Floor, Grafton House, 2-3 Golden

    Square, LONDON W1F 9HR, (the "Service Controller"); and

    (2) [ Company ], a company incorporated under the laws of England and Wales

    (registered number [ number ] ) and having its registered office at [ address ] (the

    "New Party").

    WHEREAS:

    (A) The Service Controller and the New Party are Parties to the Data Transfer Service

    Agreement ("DTSA").

    (B) This Local User Agreement is entered into pursuant to the terms of the DTSA and

    shall be read as being governed by them.

    THE SERVICE CONTROLLER AND THE NEW PARTY AGREE AS FOLLOWS:

    1. DEFINITIONS, INTERPRETATION AND CONSTRUCTION

     Unless the context otherwise requires, terms and expressions defined in the Data

    Transfer Services Agreement (“DTSA”) have the same meaning, interpretations or

    constructions in this Local User Agreement.

    2. GATEWAY

    2.1 The Gateway as selected, from time to time, by the New Party to be supplied by the

    Service Controller and the Gateway Accommodation to be provided by the New Party

    for that Gateway or Gateways are more particularly described in Appendix A. 3. CHARGING

     The New Party shall pay the Charges from the date on which the Gateway has passed

    the User Pre-Connection Acceptance Test.

    4. VARIATIONS

    4.1 Save as otherwise provided in this Clause 4, the terms of this Agreement shall be

    subject to the Change Procedures set out in the DTSA.

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    4.2 The New Party may migrate from its current Gateway to another Gateway Option, or

    to request additional Gateways with the agreement of the Service Controller. The

    Service Controller and the New Party shall agree any change to the Charges paid

    pursuant to Clause 4 of this Agreement as a result of such change to the Gateway. 4.3 Except as provided in the foregoing provisions of this Clause 4 of this Agreement, no

    amendment to this Local User Agreement shall be effective unless in writing signed

    by both the Service Controller and the New Party.

    5. TERM

    5.1 This Local User Agreement shall continue until the New Party ceases to be a Party to

    the DTSA.

    5.2 Termination shall not affect Clause 4 of this Agreement or any rights or obligations of

    either which may have accrued to the date of termination.

    5.3 The minimum connection period for a Remote User Service option will be 1 Quarter

    from the date of successful completion of User Pre-connection Acceptance Tests. 6. RESTRICTIVE TRADE PRACTICES ACT

    To the extent that any provision of this Agreement or of any arrangement of which it

    forms part constitutes a restriction or information provision within the meaning of the

    Restrictive Trade Practices Act 1976 (the "RTPA") so as to render this Agreement or

    that arrangement (as the case may be) registrable under the RTPA, no such restriction

    or information provision shall take effect until the earlier of:

    6.1.1 the day after particulars of this Agreement or that arrangement have been

    furnished to the Director General of Fair Trading in accordance with the

    RTPA; or

    6.1.2 the day after the Secretary of State for Trade and Industry has granted an

    exemption pursuant to Section 100 of the Act in respect of this Agreement

    or that arrangement.

    7. DTSA

     The provisions of the DTSA shall apply to the Local User Agreement as if set out in

    full herein.

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8. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999.

     No term of this agreement is enforceable under the Contracts (Rights of Third Parties)

    Act 1999 by a person who is not a party to this Agreement. Page 4 of 6 16 January 2013

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AS WITNESS the hands of the duly authorised representatives of the New Party and the

    Service Controller hereto the day and year first above written

Gateway Option chosen

    Please tick as appropriate:

    Remote User Service ;;

    Low Volume Gateway ;

    High Volume Gateway ;

    1Sharing User ;

Gateway identifier (to be completed by the

    Service Controller following receipt of application) ____________________

New Party

    SIGNED _______________________________________________________ PRINTED _______________________________________________________ DATE _______________________________________________________

Notice details

    Address: Address

    Facsimile number: Fax

    Attention: Name

     1 If electing to be a “Sharing User” please ensure the section entitled “New Parties choosing the Gateway option of Sharing User”

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New Parties choosing the Gateway Option of Sharing User

    In accordance with Clause 4.4.3 of the DTSA, a New Party who is to become a Sharing User must receive:

    (i) the written consent of another User to use its Gateway, and

    (ii) written authorisation from the Service Controller

    to become a Sharing User using that Gateway.

    User enabling the New Party to share their Gateway

    I hereby provide consent for the New Party to use Gateway _________________________ (please enter Gateway ID).

SIGNED _______________________________________________________

    PRINTED _______________________________________________________

    POSITION _______________________________________________________ DATE _______________________________________________________

    2Service Controller

    (for and on behalf of each of the Parties to the Data Transfer Service Agreement)

SIGNED _______________________________________________________

    PRINTED _______________________________________________________

    DATE _______________________________________________________

     2 Including, in the case of New Parties choosing the Gateway Option of Shared User, written authorisation from the Service Controller to become a Sharing User using the Gateway detailed above.

Page 6 of 6 16 January 2013

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