Co-Location Contract Template

Co-Location Agreement

BS.IT.20

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.

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. Force Majeure
11. Term and Termination
12. Effects of Termination
13. No Waiver
14. Further Assurance
15. Costs
16. Set-Off
17. Assignment and Sub-Contracting
18. Time
19. Relationship of the Parties
20. Non-Solicitation
21. Third Party Rights
22. Notices
23. Entire Agreement
24. Counterparts
25. Severance
26. Dispute Resolution
27. 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

 

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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