AGREEMENT
About Collaboration and Coordination of Activities
of Ukrainian Research and Academic Networks Operators

Українська оригінальна версія
Ukrainian original version

February 6, 2004

Kiev-Kharkiv-Lviv-Sevastopol

Operators of Ukrainian research and academic networks

Charitable foundation "Internet Users Foundation", city of Sevastopol, representing the regional research and academic network of Sevastopol and South-Western districts of the Autonomous Republic of Crimea;
Charitable foundation "International Centre of Telecommunications KS-Net", city of Kiev, representing the Kiev regional research and academic network;
State enterprise - Scientific and Telecommunication Centre "Ukrainian Academic and Research network" of the Institute of Condensed Matter Physics of NAS of Ukraine, city of Lviv, representing the research and academic network UARNet mainly of Western regions of Ukraine;
JSC "Kharkiv-Online", city of Kharkiv, representing the Kharkiv regional research and academic network
"Centre for European Integration" Ltd., city of Kiev, representing the Ukrainian research and academic network URAN mainly of Central and Eastern regions of Ukraine;

hereinafter – Parties,

stating the goals of

creation of a national-wide research and academic information infrastructure for education and science with a wide spectrum of services, connecting scientific, educational and cultural institutions to a unified space of electronic data exchange with access to other networks in Ukraine and the Internet and the realization at that of a common technical policy;
promotion of the development of national information resources and telecommunication infrastructure;
realization of joint projects and programmes devoted the development of information and telecommunication technologies in Ukraine, coordination of common research and innovative activities in this field and also organisation of international collaboration in this sphere;
development of a common price policy and organisational platform for the provision of informational and telecommunication services to scientific, educational and cultural institutions of Ukraine;
protection of the rights of scientific, educational an cultural institutions of Ukraine to acquire high-quality information services;
influence on forming of State policy in the area of creation and utilization of telecommunication and information resources, provision of their equitable usage by scientific, educational an cultural institutions in different regions of Ukraine,

taking into account

insufficient State funding for the development of the National Research and Academic network of Ukraine and, in this connection, the necessity of acquisition of funds not only from the State budget but also from outside as investments, grants etc.;
high level of prices on the national information and telecommunication market and consequently the inability of most scientific, educational an cultural institutions to pay for data communication channels of sufficient bandwidth and to receive information and telecommunication services of sufficient quality;
necessity to assist the Association "Ukrainian National Research and Educational Network" in the achievement of its statute goals,

being guided by

their Statutes and
the current Ukrainian legislation,

have concluded and signed the agreement herein constituting:

Section 1. Collaboration in the provision of information and telecommunication services

1.1. Parties pertain their operational independence and rights of Legal Entity according to their Statutes and current legislation. Collaboration depicted in the Agreement herein does not limit their individual activities and does not grant the right of interference with their operational and commercial activities or of making any decisions for or in relation to other Parties.

1.2. Parties undertake to recruit new users from Ukrainian scientific, educational and cultural institutions to collaboration and to connect them to existing research and academic networks.

1.3. Parties conduct regular meetings to discuss current and future collaboration and development.

1.4. Parties inform each other about existing and newly recruited users from scientific, educational and cultural institutions of Ukraine. Specifically, Parties will inform each other about their existing and newly recruited users such as

scientific institutions having State Attestation and included to the State List of Scientific Institutions covered by Government Funding, specifically of institutions of The National Academy of Science and of Sector Academies (Ukrainian Agriculture Academy, Medical Academy, Pedagogical Academy, Law Academy, Arts Academy);
higher educational institutions of the 3rd-4th certification levels;
the departments of science and education of local State administrations;
operators of other segments of research and academic networks.

Parties, at their own discretion and taking into consideration the aims of the Agreement herein, also inform each other about the existence or appearance among their Internet users of

other than mentioned above scientific enterprises according to the Article 1 of the Law of Ukraine of the scientific and technical activity (put into effect by the decree of Verkhovna Rada of Ukraine N1978-XII,13.12.1991), that are legal entities regardless of their form of ownership whose main activities are in science and research and constitute over 70% of their overall turnover;
other than mentioned above educational enterprises according to the Section 1 of the Regulation of Licensing of educational institutions (issued by a decree of Ministry of Education 12.02.1996 #200), that are legal entities regardless of their subordination and form of ownership who provide educational services and have an appropriate licence;
non-governmental scientific organizations;
cultural institutions;
other enterprises and institutions dealing with information and communication technologies.

1.5. Parties inform each other about their pricing policies and pricing. Any changes in pricing will be discussed by the Parties. By mutual consent Parties may introduce common price limits for their services or adjust current prices taking into account regional price fluctuations.

1.6. Parties by regular consultations abstain from actions, which can worsen the conditions of service provision in the market segments where other Parties act and endeavour not to make actions which limit fair competition.

1.7. Parties inform each other about the necessity of outsourcing. Top priority under similar conditions has to be given to other Parties.

Section 2. Coordination of technical solutions and development activity

2.1. Parties undertake to strategically act in the direction of the creation of the National information infrastructure for education and science with a wide range of services.

2.2. Parties inform each other about the necessity of installation and lease of any new elements of the research and academic network infrastructure (data channels, routing and channel equipment, access to the Internet etc.). Parties will act in consultation with each other to consider the possibilities of joint use of such infrastructure based on shared contributions in equipment, work and other expenses to optimize the infrastructure and minimize the net spending on its installation and maintenance.

2.3. Parties show preference to projects dealing with construction of their own maximal possible bandwidth infrastructure in and between cities.

2.4. In case the Party provides Internet services to commercial users it will use separate channels and address space for the research and academic segment of the network and the commercial users' segment. These segments may use peering channels.

2.5. Parties coordinate their grant demands and state financial support demands to development of national-wide research and academic network of Ukraine and endeavor to create conditions for their common realization.

Section 3. Joining and leaving the Agreement

3.1. The Agreement herein enters into force from the moment it is signed by all Parties.

3.2. Alterations (additions) to the Agreement are introduced upon consensus of all Parties.

3.3. New Parties can join the Agreement upon consensus of all Parties.

3.4. One of the Parties is assigned to be the Depository of the Agreement whose function is to safe-keep document.

3.5. The Agreement is signed in one original copy only and is kept by the Depository of the Agreement. The Depository gives to all the Parties the photocopies of the Agreement as well as alterations (additions) to it certified by the seal of the Depository.

3.6. The Depository of the Agreement is "Centre for European Integration" Ltd.

3.7. Any Party can leave the Agreement giving the Depository a thirty days advance notice before the date of leaving. The Depository informs other Parties about the exclusion of a Parties within ten days.

3.8. The Agreement is cancelled either upon the consensus of all Parties' or in case the number of the Parties is fewer than two.

Signatures of Parties

for Charitable Foundation "Internet Users Foundation"
99011, Sevastopol, Nakhimov ave., 2
Tel. (0692) 55-97-61, fax 55-54-77, http://www.iuf.net, e-mail: svg@bios.iuf.net

President

V.G.Shaida

for Charitable Foundation "International Centre of Telecommunications KS-Net",
01024, Kiev, Bogomolets str., 4, off. 403
Tel. (044) 253-28-00, tel./fax 253-66-19, http://www.mct.kiev.ua, e-mail: slava@kar.net

Chairman of the Board

V.V.Shkarupin

for State Enterprise - Scientific and Telecommunication Centre "Ukrainian Academic and Research network" of the Institute of Condensed Matter Physics of NAS of Ukraine,
79011, Lviv, Sventsytsky str., 1
Tel./fax (0322) 76-84-05, 76-84-01, http://www.uar.net, e-mail: prots@uar.net

Director

I.A.Protsykevych

for JSC "Kharkiv-Online",
61002, Kharkiv, Frunze str., 13
Tel. (057) 7076-880, fax 7076-700, http://www.kharkiv.net, e-mail: manager@kharkiv.net

Chairman of the Board

A.I. Stankevych

for "Centre for European Integration" Ltd.,
03056, Kiev, Politekhnichna str., 33, NTUU-KPI, building 2, off. 704
Tel./fax 241-6615, http://www.uran.net.ua, e-mail: mido@uran.net.ua