Co-Location Agreement
This Co-Location Agreement is designed for use by companies providing co-location facilities – licensing rack and/or unit space for business clients’ own computer, networking and/or telecommunications equipment and providing power, security, maintenance and telecommunications access for the same.
The data protection provisions in this document have been reviewed and updated for Brexit. References to data protection legislation have been updated with reference to the UK GDPR.
Key provisions in this comprehensive document address the co-location services themselves, the maintenance and repair of the client’s hosted equipment, optional additional services and the client’s obligations. Important variables in the template, such as the exact nature of the co-location services, the details of the client’s equipment, the details of the service provider’s facilities, and the fees payable for the co-location services are all conveniently placed in a set of schedules at the end of the agreement. These should be completed with care and should contain as much detail as is practicable.
When using this document a number of important factors should be considered with respect to the provision of services. Among these factors are the level of services provided, response times to technical problems, downtime (both planned and unplanned), and repairs and maintenance.
A variety of optional elements appear in this template, and among the most important are those addressing the repair and maintenance of the client’s equipment. Depending upon the options chosen, this is to be the responsibility of either the client or the service provider. The options should be selected with care.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Co-Location Agreement contains the following clauses:
1. Definitions and Interpretation
2. The Co-Location Services
3. Maintenance and Repair of Client Equipment
4. Disconnection of Client Equipment
5. Additional Services
6. Client’s Obligations
7. Fees and Payment
8. Liability and Indemnity
9. Confidentiality
10. Data Protection
11. Data Processing
12. Force Majeure
13. Term and Termination
14. Effects of Termination
15. No Waiver
16. Further Assurance
17. Costs
18. Set-Off
19. Assignment and Sub-Contracting
20. Time
21. Relationship of the Parties
22. Non-Solicitation
23. Third Party Rights
24. Notices
25. Entire Agreement
26. Counterparts
27. Severance
28. Dispute Resolution
29. Law and Jurisdiction
and the following Schedules:
1. Co-Location Services
2. Equipment
3. Licensed Space
4. Location
5. Security Procedures
6. Fees and Payment
7. Data Processing
This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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