Application for ENX Network Registration PRINT AND SEND YOUR SIGNED HARD COPY ENX Association Registration Application Bockenheimer Landstrasse 97-99 or scan and email to [email protected] 60325 Frankfurt am Main Germany Invoice Address Company Name Street Zip Code PO Box (optional) PO Box Zip Code (optional) City Country VAT Number Port Location (if different) First Communication Partner (FCP) Company Name Street Zip Code PO Box (optional) PO Box Zip Code (optional) City Country Contact (Your Company) Contact (FCP) Salutation First Name Family Name Title (Optional) Function (Optional) Department Phone Fax Email Address ENX Association • Application for ENX Registration Page 1/2 Application for ENX Registration Application Details Use Port Location as Postal Address for Contact (yes/no) Existing Company Registration Number (leave blank if none) Application Comment I agree with the data collection and data processing according to Part C – Data Privacy of the General Terms and Conditions of the ENX Registration and Utilisation. I also agree that ENX is entitled to make my personal data and information available to Certified Service Providers through an access restricted database frontend for communication purposes, including the provision of (service) information of such Certified Service Providers that may also be sent via email and/or phone to the contact information above. I accept the General Terms and Conditions of the ENX registration and utilisation (including the data privacy declaration above). Location and Date Stamp and Signature Further Questions? Contact Mr. Florian Gleich, Phone +49 69 9866927-60, [email protected] ENX Association • Application for ENX Registration Page 2/2 General Terms and Conditions of the ENX Registration and Utilisation Part A – Definitions and Registration users requires the establishment of an individual connection. In order to authenticate and authorise the I. General applicant, it must name its first communication partner already being a user The ENX Association, having its registered office in 20 rue . Individual: A private/consumer; individuals are not allowed Barthélémy Danjou, 92100 Boulogne-Billancourt, France, and its to enter into an agreement under these GTC and/or to head office in Bockenheimer Landstrasse 97-99, 60325 make use of the network Frankfurt am Main, Germany, is the governing body of the ENX . Network: The ENX network, a multi-provider network for network. The utilisation of the network requires a registration at the industrial data exchange ENX Association in order to authenticate and authorise the . Registration fee: ENX Association charges either yearly users, govern the use of the network and bind the user to the fees to be paid in advance or one-off fees as set forth in the Terms and Conditions as set forth below. then current price list published on the ENX website. Without exceptions, all fees are subject to the German The signed application form of the applicant/user, the value added tax (VAT) due at the applicable date. The fees acceptance of ENX Association, and the General Terms and fall due immediately after receipt of the respective invoice Conditions of the ENX Registration and Utilisation (GTC) . Registration number: A unique identifier for each constitute the binding agreement between an applicant/user and individual access. It is independent from any CSP the ENX Association on the access to the network. Other Terms . User: A user of the network, registered by ENX Association and Conditions (e.g. General Purchasing Conditions of the . Utilisation of the network: The entire activities from applicant/user) do not apply. The registration might be ordering an access to its productive utilisation processed by a Business Center on behalf of ENX Association. In any case, ENX Association will exclusively be the party to the III. User registration GTC. 1. The successful registration and the subsequent dedication II. Definitions of a registration number to the applicant are obligatory requirements for the utilisation of the network. Access: A physical access to the network, provided by a 2. The acceptance of the application by ENX Association is Certified Service Provider. Each access requires its own, subject to individual registration number, even if an already registered a. submission of the mandatory information as shown user is aiming to establish further accesses in the online registration form AND . Access agreement: The agreement on the use of the b. submission of the printed, signed and stamped network between ENX Association and the user consisting registration form by fax or mail AND of the application form of the applicant/user, the c. acceptance of the GTC part A, B and C AND acceptance of ENX Association, and the GTC d. confirmation that the applicant owns full legal . Applicant: An entity which applies for becoming a user capacity and is not an individual AND . Application: The application process in order to become a e. approval by the first communication partner AND user (also referred to as registration) f. payment of the applicable registration fee (rate for . Business Center (BC): A national or sector-specific the first contractual year or one-off-fee) AND contact point for potential applicants and users, working on g. acceptance of the applicant by ENX Association the basis of a respective contract with the ENX Association. including but not limited to the check, whether A current list of BCs can be found under www.enx.com encryption regulation or export restrictions hinder . Certified Service Provider (CSP): A telecommunications the CSPs to offer access to the network in the service provider offering access to the network after user’s country. successfully passing the certification according to the ENX 3. The ENX Association will notify the applicant about the certification and operation requirements (ENX CORE). In the successful registration by providing the ENX registration event the CSP looses its status, it is not anymore allowed number by an electronic message or in writing. In case of to provide access to the network final rejection of the application the ENX Association will . Confidential information: Any information marked or notify the applicant by an electronic message or in writing. otherwise identified by either party as proprietary or 4. The binding contract between the user and the ENX confidential or that, under the circumstances surrounding Association becomes effective upon the acceptance of the the disclosure, ought in good faith to be treated as application by ENX Association. proprietary or confidential. Expressively, any information on 5. The parties agree that the access agreement and the GTC other users including the user’s contact data on incidents apply to all accesses of the user. involving third parties such as other users under this GTC is rated as confidential information without any further IV. Utilisation of the network without prior registration identification as confidential information . Connection: The individual connection (VPN tunnel) 1. The network shall be used by business entities only and on established on the accesses of two individual users the basis of a binding agreement between the user and . Delay of payment: The applicant/user is in delay of ENX Association including the GTC. payment, if the registration fee is not being paid within 30 2. In the event, that the network is used without prior days after receipt of the invoice. In case of delay of registration, whether wilful or negligent, the user is fully payment, ENX Association may charge the applicant an bound to the restrictions of the GTC. ENX Association is interest rate of eight (8) percentage points above the entitled to immediate disconnect such unauthorized user current base rate of the European Central Bank per annum from the network without prior notice and to immediately and the reasonable costs of trying to recover overdue terminate any implied contract for cause without notice. payment; not less than 5.00 EUR for each reminder Furthermore, the user shall pay a contractual penalty in the . Disconnection from the network: Under the regulations amount of 4,000 EUR. This does not withstand any right of of the GTC, ENX Association is allowed to disconnect ENX Association to claim for further damages. Paid accesses with or without prior notice. This can be done by penalties will be deducted from damages claimed by ENX the user’s CSP disconnecting the access on request of Association. ENX Association AND/OR by ENX Association revoking the 3. If the user is a business entity and fulfils the individual user’s ENX IPSec certificate requirements as defined under Section III 2 d, e and g) and . ENX Association: Legal entity formed by the European did not apply for registration by slight negligence, the automotive industry; party to the GTC missing registration can exclusively remedied by immediate . First communication partner: The ENX network is a application of the user AND acceptance by ENX virtual private network (VPN). Exchanging data with other ENX Association General Terms and Conditions of the ENX Registration and Utilisation 01 July 2014 Page 1 of 4 General Terms and Conditions of the ENX Registration and Utilisation Association AND payment of the registration fee backdated that all CSPs are contractually obliged to disconnect the to the first day of utilisation. The remedies according to this user upon request of the ENX Association within 24 hours subsection will not be provided to individuals. from receiving the respective request. 6. The provisions of the access agreement shall survive any V. Warranty termination of the access agreement until the user has been disconnected from the network. 1. ENX-related services are exclusively provided to the user by the CSP. Apart from the registration process, the BCs and VIII. Final provisions ENX Association are in no way responsible for the operation of the ENX network. 1. The English version of these GTC is authoritative. Any 2. ENX Association disclaims all warranties, whether translations which might be made available are for expressed or implied, including without limitation, the information purposes only.