1.1. LeaseWeb offers a choice between two (2) IP Connectivity packages: Volume and Premium. Customer’s choice of IP Connectivity package is
specified in the Order Form.
1.2. Customer may resell the IP Connectivity to its end users, but shall not resell IP Connectivity in its entirety to a single End‐User or other third
party without LeaseWeb’s prior written approval, which may be granted or withheld in LeaseWeb’s sole discretion.
1.3. Customer shall not be allowed to use connections to Colocated Equipment in the Housing Space, Virtual Machines or any Equipment leased
from LeaseWeb other than the IP Connectivity and other connections from LeaseWeb, without the prior written approval of LeaseWeb,.
1.4. IP Connectivity can only be used in the applicable month and shall not be transferred to Equipment other than defined in the Order Form.
2.1. LeaseWeb offers IP Connectivity on a Data Traffic and on a Bandwidth basis.
2.2. Bandwidth is offered on the basis of a Measured Fee and on the basis of a Flat Fee. Data Traffic is only offered on the basis of a Measured
2.3. In the event Parties have agreed to a Flat Fee, Customer is given a Bandwidth for use, with a maximum speed in Mbps, which it cannot exceed
(port configuration speed) and is not entitled to exceed.
2.4. A Measured Fee shall be based on the higher of 95th Percentile of inbound and 95th Percentile outbound traffic at Customer’s Interconnect
Point, provided however, that for cloud Services the Measured Fee will be based solely on outbound traffic.
2.5. Extra Bandwidth or Extra Data Traffic will only be charged in the event that the Parties have agreed to a Measured Fee. In such case,
LeaseWeb will be entitled to payment by Customer of additional Service Charges, in accordance with the ‘surcharge rate’ specified in the
Order Form, or in the absence thereof, in accordance with LeaseWeb standard rates.
2.6. Customer shall not be entitled to receive any compensation or restitution in the event the Actual Data Traffic or Actual Bandwidth falls below
the Committed Data Traffic or Committed Bandwidth respectively, nor is Customer entitled to transfer any unused parts of the Committed
Data Traffic or Committed Bandwidth to another month.
3.1. Subject to the provisions of the Change Order Procedure ‐ set forth in Section 5 of the General Terms ‐ and the provisions of this Section 3,
Customer shall be entitled to request an upgrade/downgrade/switch with respect to the IP Connectivity.
3.2. Subject to LeaseWeb having sufficient capacity at the time of Customer’s request, and without prejudice to the provisions of the Change
Order Procedure, Customer may request to upgrade the Committed Data Traffic or Committed Bandwidth at any time. If LeaseWeb has
determined that it has sufficient capacity to accept Customers request, the respective upgrade will become effective: (a) the first day of the
month in which LeaseWeb has accepted Customer’s request, in the event that Customer’s written request was received by LeaseWeb before
the 20th day of that month; or (b) the first day of the month following the month in which LeaseWeb has accepted Customer’s request, in the
event that the Customer’s request was received by LeaseWeb on or after the 20th day of that month.
3.3. Customer is allowed to downgrade the Committed Data Traffic or Committed Bandwidth at the end of the Initial Term or renewal term of the
3.4. Without prejudice to the generality of the provisions set forth above in Section 3.1, Customer shall not be entitled to switch between Data
Traffic and/or Bandwidth, unless such switch has been accepted in writing by an authorised representative of LeaseWeb.
4.1. LeaseWeb’s monitoring system measures Customer’s IP Connectivity every 5 minutes at the Interconnection Point. The 5‐minute average
data is displayed on a daily graph. The monitoring system preserves the 5‐minute average data for 1 month. LeaseWeb’s invoices shall be
based on this data.
4.2. Data Traffic: the monthly data traffic samples are added up as to make a sum of all inbound and outbound traffic at Customer’s Interconnect
Point in that month. Customer is billed on a volume basis; i.e. total GB delivered.
4.3. Bandwidth: the monthly bandwidth is used as the basis for the rate for that month. Customer is billed on a bandwidth basis. This is either a
Flat Fee or a Measured Fee.
4.4. From the RFS Date, Customer will be granted access to the Customer Portal by LeaseWeb Global Services B.V. In the Customer Portal,
Customer will also be able to monitor the daily, weekly, monthly and yearly graphs of Customer’s IP Connectivity.
5.1. IP Connectivity includes a number of IPs (the “IPs”) as specified in the Order Form. Customer may request more IPs, at an extra cost.
5.2. Customer is aware that a shortage of IPv4 IPs exists. Customer shall therefore use IPv4 IPs in a conservative manner as this is being
propagated by the IANA (Internet Assigned Numbers Authority) and its RIR’s (Regional Internet Registries). A request by Customer for more
than five (5) IPv4 IPs shall be subject to LeaseWeb’s prior approval process.
5.3. Customer shall only use the IPs that have been assigned by LeaseWeb to Customer.
5.4. LeaseWeb provides the IPs on a temporary basis. Customer will only have the temporary right of use and shall not be entitled to transfer the
IPs to another internet service provider. Upon a written notice of at least two (2) months:(i) LeaseWeb may exchange the IPs that are being
used by Customer for different IPs; and/or (ii) in the event of abuse of IPs and/or in the event, in LeaseWeb’s reasonable discretion, an
excessive or unnecessarily large number of IPs has been provided for use to Customer, LeaseWeb shall be entitled to decrease such number
of IPs that may be used by Customer.
6.1. The Service is provided for Customer’s normal, fair, and reasonable use. In any event, Customer’s use shall be deemed unfair and
unreasonable, if Customer’s burst exceeds five (5) times the Committed Bandwidth or Committed Data Traffic.
6.2. Usage is to be reasonably consistent throughout every month, without irregular Bandwidth or Data Traffic usage patterns, either individually
or as part of a group of Customer servers.
6.3. In the event LeaseWeb, in its sole discretion, determines that Customer is not using the Service in accordance with this Fair Use Policy,
LeaseWeb shall , be entitled, without any prior notice, to immediately impose limits on the speed of the data Customer may transmit and/or
receive with the Service.