Colocation Agreement for Malaysia

Colocation Agreement Template for Malaysia

A comprehensive agreement governed by Malaysian law that establishes the terms and conditions under which a data center provider offers colocation services to a customer. The document covers the lease of physical space, power allocation, cooling systems, network connectivity, and associated services within a data center facility. It incorporates Malaysian regulatory requirements, particularly those under the Communications and Multimedia Act 1998 and Personal Data Protection Act 2010, while addressing crucial aspects such as security protocols, service levels, maintenance procedures, and liability limitations specific to the Malaysian business environment.

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What is a Colocation Agreement?

The Colocation Agreement serves as the primary contractual framework for businesses seeking to house their IT infrastructure in professional data center facilities within Malaysia. This document is essential when a company needs to outsource its data center operations while maintaining control over its hardware and systems. The agreement details the allocation of space, power, cooling, security measures, and support services, while ensuring compliance with Malaysian regulations including the Communications and Multimedia Act 1998 and Personal Data Protection Act 2010. It's particularly relevant for businesses expanding their IT operations, implementing disaster recovery solutions, or seeking to optimize their infrastructure costs. The document includes specific provisions for facility access, equipment installation, maintenance procedures, service level commitments, and liability allocation, all tailored to the Malaysian legal and business context.

What sections should be included in a Colocation Agreement?

1. Parties: Identification of the colocation provider and customer, including registration details

2. Background: Context of the agreement and brief description of the services

3. Definitions: Definitions of technical terms, services, and key concepts used in the agreement

4. Services: Detailed description of colocation services, including space, power, cooling, and basic support

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Fees and Payment: Pricing, payment terms, and billing procedures

7. Access and Security: Rules and procedures for accessing the facility and security protocols

8. Customer Equipment: Requirements and restrictions for customer equipment installation and maintenance

9. Service Provider Obligations: Provider's responsibilities including facility maintenance and support

10. Customer Obligations: Customer's responsibilities and compliance requirements

11. Service Levels: Performance standards, availability guarantees, and remedies

12. Confidentiality: Protection of confidential information and trade secrets

13. Liability and Indemnification: Limitation of liability and indemnification provisions

14. Insurance: Insurance requirements for both parties

15. Termination: Termination rights, procedures, and consequences

16. General Provisions: Standard legal provisions including governing law, notices, and dispute resolution

What sections are optional to include in a Colocation Agreement?

1. Data Protection: Detailed data protection provisions when personal data processing is involved

2. Disaster Recovery: Specific disaster recovery procedures when required by customer

3. Environmental Standards: Special environmental compliance requirements if needed

4. Remote Hands Services: Additional provisions for remote support services if offered

5. Cross-Connect Services: Terms for interconnection services if provided

6. Import/Export Compliance: For customers bringing equipment from overseas

7. Intellectual Property: IP provisions if software or proprietary systems are involved

8. Migration Services: Terms for equipment migration services if offered

What schedules should be included in a Colocation Agreement?

1. Schedule 1 - Service Specifications: Detailed technical specifications of the colocation space and services

2. Schedule 2 - Service Level Agreement: Detailed service levels, metrics, and remedies

3. Schedule 3 - Pricing and Payment Schedule: Detailed fee structure and payment terms

4. Schedule 4 - Facility Rules and Procedures: Operational procedures and facility rules

5. Schedule 5 - Authorized Personnel: List of authorized personnel and access rights

6. Schedule 6 - Equipment Schedule: Inventory of customer equipment to be colocated

7. Schedule 7 - Power Specification: Power allocation and specifications

8. Appendix A - Floor Plan: Layout of allocated space and facility floor plan

9. Appendix B - Emergency Procedures: Emergency and evacuation procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Relevant Industries

Information Technology

Banking and Financial Services

Telecommunications

E-commerce

Healthcare

Manufacturing

Government and Public Sector

Media and Entertainment

Education

Professional Services

Relevant Teams

Legal

Information Technology

Procurement

Operations

Facilities Management

Risk and Compliance

Finance

Infrastructure

Security

Technical Operations

Relevant Roles

Chief Information Officer

IT Infrastructure Manager

Data Center Manager

Facilities Manager

Procurement Manager

Legal Counsel

Operations Director

Chief Technology Officer

Risk Manager

Compliance Officer

IT Security Manager

Contract Manager

Chief Financial Officer

Technical Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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