SERVER COLOCATION AGREEMENT
Effective Date: _ / _ / _ (“Effective Date”)
This Server Colocation Agreement (“Agreement”) is entered into by and between:
Provider:
Euronodes Ltd. (“Provider”)
VAT: CY10353288W
Reg. No: HE353288
Address: Agiou Andreou 302, KERMIA CRT OFFICE A, 3035 Limassol, Cyprus
Client:
Company: ____
Phone: ____
Reg. No: ____
Address: ______
Shipping Address for Client Equipment:
ONI Telecom | Datacenter Matinha
R. 3 da Matinha A 1950-326 Lisboa, PT
+351 928 501 962
[email protected]
RECEIVER: EURONODES.LTD
1. DEFINITIONS
For purposes of this Agreement:
- “Equipment” means the servers, networking devices, and other hardware provided by Client for colocation.
- “Colocation Space” means the rack space, cage, or other designated physical area within the Provider’s facility allocated for Client’s Equipment.
- “SLA” means the Service Level Agreement in Annex B, defining uptime guarantees and remedies.
- “Remote Hands” means Provider-performed onsite services requested by Client.
- “Bandwidth Overuse” means Client’s network usage in excess of the subscribed capacity.
- “Downtime” means total loss of network or power connectivity to Client’s Equipment, excluding Scheduled Maintenance and events covered under Force Majeure.
2. SCOPE OF SERVICES
2.1 General Services
Provider shall:
- Provide designated Colocation Space.
- Maintain environmental controls (cooling, humidity).
- Provide physical security and monitored facility access.
- Provide electrical connectivity (billed separately).
- Provide access to network infrastructure where applicable.
2.2 Per-Unit (1U-4U) Colocation Services
Includes:
- Rack space allocation.
- Internal cabling.
- WAN connectivity from Provider (if purchased).
- Access to shared routers/switches.
- 24/7 facility access subject to security procedures.
2.3 Rack Space Rental (¼, ½, Full Rack)
Includes:
- Dedicated empty rack space.
- Power connectivity (billed separately).
- Physical security and environmental controls.
- Client provides own networking equipment and WAN connection.
2.4 Additional Services
Available on request:
- Remote Hands.
- Cross-connects.
- After-hours access.
- Equipment receipt/handling.
3. CLIENT RESPONSIBILITIES
Client shall:
- Deliver Equipment to the Facility at Client’s expense.
- Ensure Equipment meets Provider’s technical specifications.
- Maintain all necessary software licenses.
- Not use Equipment for unlawful purposes.
- Maintain insurance on Equipment per Section 8.
- Provide updated authorized access list.
- Secure own data backups.
- In case of Rack Rental: arrange own WAN connectivity and coordinate cross-connects.
4. ACCESS AND INSTALLATION
4.1 Installation
Provider installs Equipment upon receipt and payment of applicable fees.
4.2 Access
Client has 24/7 access, subject to prior notification, security protocols, and identification.
4.3 Security Measures
Provider employs access control, CCTV, and escorted entry as required.
5. SERVICE LEVEL AGREEMENT (SLA)
5.1 Uptime Guarantees
- Power Availability: 99.9% monthly.
- Network Availability: 99.9% monthly (if using Provider’s network).
- Facility Security: Continuous 24/7 monitoring.
5.2 Service Credits
If uptime falls below the SLA target (excluding Scheduled Maintenance or Force Majeure), Provider shall issue a credit equal to:
- 5% of monthly recurring charges for each additional 30 minutes of Downtime, capped at 100% of the monthly recurring fee.
5.3 Exclusions
Downtime does not include events caused by:
- Client’s equipment or configuration.
- Acts or omissions by Client or its agents.
- DDoS or security attacks originating from the Internet.
- Force Majeure events.
6. FEES AND PAYMENT
- Fees are as set forth in Annex A – Pricing Schedule.
- Electricity is billed separately per actual kWh usage or committed amperage.
- Payment is due monthly in advance; electricity invoices due within 15 days of issue.
- Late payments incur 1.5% monthly interest.
- Provider may adjust fees after the initial term for inflation (CPI + 2%) or increased utility costs.
7. TERM AND TERMINATION
- Initial Term: Minimum three (3) months from Effective Date.
- Renewal: Automatically renews monthly unless terminated.
- Termination:
- Either party may terminate with 30 days written notice.
- Breach: Immediate termination with notice if uncured within 10 days.
- On termination: Client must remove Equipment within 7 days; otherwise Provider may store/dispose at Client’s expense.
8. INSURANCE
- Client must maintain insurance covering Equipment for full replacement value against loss/damage.
- Provider maintains facility liability insurance.
9. LIABILITY AND INDEMNIFICATION
- Provider Not Responsible For: Content, data, or activities on Client’s Equipment; data loss/corruption; third-party claims due to Client’s use of services.
- Indemnity: Client indemnifies Provider from claims arising out of Client’s use of Equipment.
- Liability Cap: Provider’s total liability is limited to the amount paid by Client in the previous 3 months.
10. CONFIDENTIALITY AND DATA PROTECTION
Both parties agree to keep proprietary information confidential and comply with GDPR/local data protection laws.
11. FORCE MAJEURE
Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, power grid failures, strikes, or government actions.
12. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law: Republic of Cyprus.
Disputes resolved by binding arbitration in Limassol, Cyprus.
13. ENTIRE AGREEMENT AND AMENDMENTS
This Agreement (including Annexes) is the entire agreement. Amendments must be in writing and signed by both parties.
SIGNATURES
Provider: ___ Date: __
Client: ___ Date: __
ANNEX A – PRICING SCHEDULE
Per-Unit Colocation (Includes Infrastructure & Cabling)
| Service | Monthly Price | Notes |
|---|---|---|
| Server 1U | €69 | Includes use of Provider's routers, switches, and cabling |
| Server 2U | €72 | Includes use of Provider's routers, switches, and cabling |
| Server 3U | €76 | Includes use of Provider's routers, switches, and cabling |
| Server 4U | €90 | Includes use of Provider's routers, switches, and cabling |
Rack Space Rental (Empty Rack Only)
| Service | Space | Monthly Price | Notes |
|---|---|---|---|
| Quarter Rack | 10U | €290 | Client provides own equipment, routers, switches, and cabling |
| Half Rack | 21U | €550 | Client provides own equipment, routers, switches, and cabling |
| Full Rack | 42U | €990 | Client provides own equipment, routers, switches, and cabling |
Network Connectivity Options (Per-Unit Only)
| Service | Bandwidth | Monthly Price | Setup Fee |
|---|---|---|---|
| Basic Internet | 1 Gbit/s | €130 | €0 |
| Premium Internet | 10 Gbit/s | €1,200 | €0 |
Note: Rack Space Rental clients must use their own WAN/Internet connection.
Power
| Service | Billing Method | Price |
|---|---|---|
| Electricity | Per kWh actual usage | Per agreement |
| Electricity | Per Amp committed | Per agreement |
Electricity is not included in any colocation package and will be billed monthly based on actual consumption.
Additional Services
| Service | Price |
|---|---|
| Remote Hands (per hour) | Per agreement |
| Equipment Receipt/Handling | Per agreement |
| After-Hours Access | Per agreement |
| Cross-Connect (one-time) | Per agreement |
IP Addresses
| Service | Monthly Price |
|---|---|
| IPv4 Address (per IP) | Per agreement |
| IPv6 Block (/64) | Included |
Pricing Notes:
- All prices exclude VAT (applicable rate depends on service location and client).
- Electricity charges are additional for all packages.
- Per-Unit colocation includes use of Provider's infrastructure.
- Rack rental requires client to provide all networking equipment.
- Bandwidth is unmetered at specified capacity.
- Minimum contract term: 3 months.
- Services available in multiple EU jurisdictions (Portugal, Germany, Spain).
ANNEX B – SLA TERMS AND REMEDIES
Downtime Definition:
Downtime means total loss of network or power connectivity to Client’s Equipment, excluding Scheduled Maintenance and Force Majeure.
Credits:
5% of monthly recurring charges for each additional 30 minutes of Downtime beyond SLA guarantees, capped at 100% of the monthly fee.
Claim Procedure:
Client must submit SLA credit claims within 10 business days of the incident with documented evidence.
Exclusions:
No credits will be issued for downtime caused by:
- Client’s hardware/software failures.
- Scheduled maintenance.
- Acts/omissions by Client or its agents.
- DDoS or other external network attacks.
- Force Majeure events.