Colocation Agreement Template for Philippines

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Key Requirements PROMPT example:

Colocation Agreement

"I need a Colocation Agreement for a medium-sized fintech company in Manila, requiring space for 15 server racks with redundant power supply and enhanced security measures, including biometric access control and 24/7 remote hands support."

Document background
The Colocation Agreement serves as a crucial legal framework for businesses seeking to house their IT infrastructure in professional data center facilities within the Philippines. This document becomes necessary when organizations require secure, reliable, and professionally managed space for their servers and networking equipment without the cost and complexity of building their own data center. The agreement encompasses critical elements such as space allocation, power provision, cooling systems, security measures, and service level guarantees, while ensuring compliance with Philippine regulations including the Data Privacy Act, telecommunications laws, and building codes. It's particularly relevant in today's digital economy where businesses increasingly rely on robust IT infrastructure while preferring to outsource the facility management aspects. The document includes detailed technical specifications, operational procedures, and legal safeguards tailored to the Philippine business environment.
Suggested Sections

1. Parties: Identifies the colocation facility provider and the customer, including their legal details and addresses

2. Background: Outlines the context of the agreement, including the facility's purpose and the customer's general requirements

3. Definitions: Defines key terms used throughout the agreement

4. Services and Scope: Details the colocation services provided, including space allocation, power, cooling, and basic infrastructure

5. Term and Renewal: Specifies the initial term, renewal options, and termination provisions

6. Fees and Payment Terms: Outlines the fee structure, payment schedule, and any additional charges

7. Space and Equipment: Details the allocated space specifications and equipment installation requirements

8. Access and Security: Establishes protocols for facility access, security measures, and visitor policies

9. Power and Cooling: Specifies power allocation, redundancy levels, and cooling requirements

10. Customer Obligations: Lists customer responsibilities including equipment maintenance and compliance requirements

11. Provider Obligations: Details provider's responsibilities including facility maintenance and security

12. Service Levels: Defines performance standards, uptime guarantees, and remedies for service failures

13. Maintenance and Support: Outlines scheduled maintenance procedures and support services

14. Insurance and Liability: Specifies insurance requirements and liability limitations

15. Confidentiality: Addresses protection of confidential information

16. Termination: Details termination rights, process, and consequences

17. General Provisions: Includes standard legal provisions such as force majeure, notices, and governing law

Optional Sections

1. Remote Hands Services: Details additional technical support services, included when customer requires on-site technical assistance

2. Cross-Connection Services: Specifies terms for interconnection services, needed when customer requires connectivity to other tenants or carriers

3. Disaster Recovery: Outlines disaster recovery procedures and alternate site provisions, included for customers requiring enhanced business continuity

4. Environmental Compliance: Additional environmental requirements, included when specific environmental certifications or compliance are needed

5. Import/Export Requirements: Included when equipment needs to be imported/exported across borders

6. Custom Security Requirements: Additional security measures beyond standard provisions, included for customers with enhanced security needs

7. Rack and Stack Services: Terms for additional installation services, included when provider offers equipment installation services

Suggested Schedules

1. Schedule A - Space Specifications: Detailed specifications of the allocated space including floor plans and rack locations

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

3. Schedule C - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

4. Schedule D - Technical Specifications: Detailed technical requirements including power, cooling, and connectivity specifications

5. Schedule E - Authorized Personnel: List of authorized personnel with access rights and security clearance levels

6. Schedule F - Operating Procedures: Detailed operational procedures including access protocols and emergency procedures

7. Schedule G - Equipment Schedule: Inventory of customer equipment to be colocated in the facility

8. Appendix 1 - Facility Rules and Regulations: Provider's standard facility rules and regulations

9. Appendix 2 - Acceptable Use Policy: Provider's acceptable use policy for the facility and services

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

Relevant legal definitions
Clauses
Relevant Industries

Information Technology

Telecommunications

Banking and Financial Services

Healthcare

E-commerce

Cloud Services

Manufacturing

Government and Public Sector

Insurance

Media and Entertainment

Retail

Education

Relevant Teams

Information Technology

Legal

Procurement

Finance

Operations

Risk and Compliance

Security

Facilities Management

Infrastructure

Technical Services

Relevant Roles

Chief Information Officer

IT Infrastructure Manager

Data Center Operations Manager

Facilities Manager

IT Security Manager

Procurement Manager

Legal Counsel

Chief Technology Officer

Network Administrator

Risk Manager

Compliance Officer

Operations Director

Technical Services Manager

Chief Financial Officer

Contract Manager

Industries
Data Privacy Act of 2012 (Republic Act No. 10173): Protects individual personal information in information and communications systems, including data centers. Crucial for data handling protocols and security measures in colocation facilities.
Electronic Commerce Act of 2000 (Republic Act No. 8792): Provides legal framework for electronic transactions and data messages. Relevant for digital aspects of colocation services and electronic contracts.
National Building Code of the Philippines (PD 1096): Establishes standards for building construction and safety. Critical for colocation facility construction and maintenance requirements.
Philippine Grid Code and Philippine Distribution Code: Governs power distribution and electrical systems. Essential for power supply arrangements and backup power systems in colocation facilities.
Civil Code of the Philippines (Republic Act No. 386): Provides basic contract law principles governing formation, validity, and enforcement of agreements under Philippine law.
Foreign Investments Act of 1991 (Republic Act No. 7042): Regulates foreign investment and ownership in Philippine businesses. Important if either party is a foreign entity.
National Telecommunications Commission (NTC) Guidelines: Regulates telecommunications infrastructure and services. Relevant for network connectivity aspects of colocation services.
Philippine Clean Air Act (Republic Act No. 8749): Environmental regulations affecting operation of backup generators and cooling systems in data centers.
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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