The Colocation Agreement serves as the primary legal framework for organizations seeking to house their IT infrastructure in professional data center facilities in India. This document type is essential when companies want to leverage third-party data center capabilities without building their own facilities, thereby reducing capital expenditure while ensuring professional management of their IT infrastructure. The agreement must comply with Indian legislation, including the Information Technology Act, 2000, electricity regulations, and data protection rules. It typically includes detailed specifications for space allocation, power requirements, cooling systems, security measures, and service level agreements. The document is particularly relevant in the current digital transformation landscape where businesses increasingly rely on robust IT infrastructure while preferring operational expenditure over capital investment in physical infrastructure.
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1. Parties: Identification of the colocation service provider and the customer, including their registered addresses and company details
2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the colocation arrangement
3. Definitions: Detailed definitions of technical terms, service-related terminology, and other key concepts used throughout the agreement
4. Services Scope: Detailed description of the colocation services, including space allocation, power, cooling, and basic infrastructure provisions
5. Term and Renewal: Duration of the agreement, commencement date, and renewal terms
6. Charges and Payment Terms: Pricing structure, payment schedule, late payment consequences, and fee adjustment mechanisms
7. Customer Equipment: Specifications for customer equipment installation, maintenance responsibilities, and removal procedures
8. Access and Security: Facility access protocols, security measures, and visitor policies
9. Service Provider Obligations: Core responsibilities of the colocation provider including maintenance, security, and basic support services
10. Customer Obligations: Customer responsibilities, compliance requirements, and operational protocols
11. Service Levels: Performance standards, availability guarantees, and remedies for service failures
12. Insurance and Liability: Insurance requirements, limitation of liability, and indemnification provisions
13. Confidentiality: Protection of confidential information and trade secrets
14. Termination: Termination rights, notice periods, and post-termination procedures
15. General Provisions: Standard legal clauses including governing law, dispute resolution, and force majeure
1. Remote Hands Services: Additional technical support services provided by the facility staff, included when customer requires on-site technical assistance
2. Cross-Connect Services: Terms for interconnection services between different customers or carriers, included when network connectivity services are required
3. Disaster Recovery: Specific provisions for disaster recovery services and procedures, included when disaster recovery services are part of the arrangement
4. Environmental Compliance: Specific environmental and energy efficiency requirements, included for green data centers or when required by regulations
5. Migration Services: Terms covering the initial equipment installation and migration, included for new deployments
6. Managed Services: Additional IT management services, included when the provider offers managed services beyond basic colocation
7. Data Protection: Specific data protection and privacy requirements, included when handling sensitive or personal data
8. Compliance and Audit: Specific compliance requirements and audit rights, included for regulated industries
1. Schedule 1 - Service Specifications: Detailed technical specifications of the colocation services, including power, cooling, and space specifications
2. Schedule 2 - Service Level Agreement: Detailed service levels, measurement metrics, and service credit calculations
3. Schedule 3 - Charges: Detailed pricing structure, including base charges and additional service fees
4. Schedule 4 - Facility Rules and Procedures: Operational procedures, access protocols, and facility-specific rules
5. Schedule 5 - Customer Equipment List: Detailed inventory of customer equipment to be colocated
6. Schedule 6 - Emergency Contacts: List of emergency contacts for both parties and escalation procedures
7. Schedule 7 - Insurance Requirements: Detailed insurance requirements and coverage specifications
8. Appendix A - Floor Plan: Detailed floor plan showing the allocated space and technical specifications
9. Appendix B - Power Distribution: Technical diagrams and specifications for power distribution
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Telecommunications
Financial Services
Healthcare
E-commerce
Manufacturing
Cloud Services
Media and Entertainment
Government and Public Sector
Retail
Relevant Teams
Legal
Information Technology
Infrastructure
Procurement
Operations
Risk and Compliance
Finance
Facilities Management
Security
Technical Operations
Relevant Roles
Chief Information Officer
IT Infrastructure Manager
Data Center Manager
Facilities Manager
Legal Counsel
Procurement Manager
Chief Technology Officer
IT Operations Director
Risk Manager
Compliance Officer
Network Engineer
Systems Administrator
Commercial Director
Chief Financial Officer
Operations Manager
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