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Colocation Service Agreement

Effective Date: August 17, 2025

Parties

This Colocation Service Agreement (“Agreement”) is entered into between Atfenix Data Centre Private Limited (“Atfenix”, “Provider”) and the Client (“Customer”), details of whom are provided at the time of service subscription.

1. Services Provided

  • Secure rack space, power supply, cooling, and network connectivity.
  • 24/7 facility access subject to prior authorization and security procedures.
  • Technical support as outlined in the Service Level Agreement (SLA).
  • The Customer is responsible for supplying and maintaining their own equipment, software, and licenses unless otherwise agreed in writing.

2. Term & Renewal

  • The initial term of this Agreement shall be [12 months] unless otherwise specified.
  • This Agreement will automatically renew for successive terms of equal duration unless terminated by either party with at least 30 days’ written notice prior to renewal.

3. Fees & Payment

  • The Customer agrees to pay all charges as per the pricing plan selected.
  • Payments are due in advance on a monthly/quarterly/annual basis.
  • Late payments may result in suspension of services after 10 days of non-payment and termination after 30 days.

4. Customer Responsibilities

  • Install and maintain its own equipment in compliance with Atfenix’s facility guidelines.
  • Use services only for lawful purposes and in compliance with the Acceptable Use Policy (AUP).
  • Not interfere with Atfenix infrastructure or other customers’ equipment.
  • Ensure insurance coverage for its own equipment placed at the data centre.

5. Atfenix Responsibilities

  • Provide reliable power, cooling, and connectivity in accordance with the SLA.
  • Ensure Tier-3 grade physical security (CCTV, biometric access, fire suppression).
  • Notify the Customer of planned maintenance at least 72 hours in advance.
  • Take reasonable steps to protect Customer equipment from environmental and security risks.

6. Access to Facility

  • Only authorized representatives of the Customer may access the facility.
  • Visitors must be approved in advance and comply with security requirements.
  • Atfenix reserves the right to deny access in case of emergency, violation of policy, or legal requirement.

7. Liability & Indemnity

  • Atfenix is not liable for any indirect, incidental, or consequential damages, including loss of data or profits.
  • Atfenix’s liability shall not exceed the total fees paid by the Customer in the last 3 months preceding the claim.
  • The Customer indemnifies Atfenix against claims arising from misuse of services or violation of applicable laws.

8. Service Suspension & Termination

  • Atfenix may suspend or terminate services if the Customer violates this Agreement, fails to pay, or breaches the AUP.
  • The Customer may terminate services with a 30-day written notice after the initial contract term.
  • Equipment must be removed within 15 days of termination; otherwise, storage/handling charges will apply.

9. Force Majeure

  • Neither party shall be held liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, power outages, government actions, or labor disputes.

10. Governing Law & Jurisdiction

  • This Agreement shall be governed by and construed under the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of Noida, Uttar Pradesh.

11. Notices

12. Entire Agreement

  • This Agreement, along with the SLA, Privacy Policy, and Acceptable Use Policy, constitutes the entire understanding between Atfenix and the Customer.

Contact Us

For any inquiries regarding this agreement, please contact us.

Support

[email protected]

Corporate

[email protected]