This Co-location Agreement (“Agreement”) is entered into as of the Effective Date of signature by and between Data
Centre Space Pte Ltd, a Singapore corporation (“DC Space”) and the Customer identified on the signature page of this
Agreement (“Customer”).
WHEREAS:
A. DC Space is a data centre service provider offering services related to public data centre services
such as Co-location with public Internet access
B. DC Space has the right to use and sell certain bandwidth to Customer and to connect
Customer’s equipment to the public Internet.
C. Customer wishes to have its IT equipment in DC Space’s data centre premises housed via
co-location rack that is connected to the public Internet
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as
follows:
- Definition
For the purpose of this agreement, the following terms shall have the following meanings respectively:
A. “Bandwidth Overuse”–usage of bandwidth by Customer in excess of the bandwidth
block purchased hereunder.
B. “Internet Connection”– connection of Customer’s server to the Internet by DC Space.
C. “Mbps”–mega bits per second of bandwidth usage.
D. “Gbps”–giga bits per second of bandwidth usage.
E. “Price” – the price payable by Customer to DC Space each month while Internet Connection
exists, as set forth and selected by Customer.
F. “Server Placement”–placement of Customer’s computer server at a location where it is capable
of being connected to the Internet.
G. “Term”–Every one month commencing on the first day of the preceding month from the date
of initial Internet Connection.
H. “Service Plan” – Service Plan by which DC Space will render service to Customer based on an
automatically renewed monthly subscription which commences upon execution of this agreement
and/or establishment of connection of service and terminated upon DC Space’s confirmed receipt
of client’s written cancellation request. - Internet Connection
DC Space agrees to provide Customer with Server Placement, IP addresses, and Internet Connection for the
term, based on the Service Plan selected by Customer in the help desk ticket where initial communication was
established and co-location Service Plan outlined to Customer, at the price applicable to such Service Plan. - Payment Guarantee, Late Fees, Subscription Renewal, Default of Payment, and Refund
Billing will begin on the date that DC Space and customer mutually agree. Customer agrees and HEREBY
PERSONALLY GUARANTEES PAYMENT to DC Space for the price applicable to the Service Plan selected by
Customer, including all services that DC Space has rendered to Customer, where the monthly payment is to be
prepaid before or on the first day of every month. Furthermore, Customer agrees to pay for any products
Customer orders or has incurred by service usage (e.g., Bandwidth Overuse fees) throughout the term of
subscribed Service Plan. Your account may be suspended without notice if payment is past due, regardless of the
dollar amount, where any open invoice older than ten days (10) and is also subject to a late fee in the amount of
$75.00 SGD.
All fees paid and charges made prior to termination as provided herein, including any advance charge or payment
for the subscription term during which you terminate your subscription, are non-refundable. Furthermore,
termination of your subscription shall not relieve you of any obligations to pay accrued invoices or charges. - Bandwidth Usage and Overage Fee
Customer is given access to bandwidth graphs which are updated in five-minute intervals. All bandwidth
usage, where usage graph of the Customer’s server is provided, is measured based upon 95 th percentile
metering and billing of overage fees is exclusively calculated from the provided graph readings.
Co-location Service Plans include usage of a certain amount of bandwidth in a 30-day calendar month. If your
monthly usage exceeds the bandwidth transfer rate that your Service Plan includes within a 30-day billing cycle,
you will be billed for Bandwidth Overuse exceeding the amount of bandwidth your Service Plan includes. Customer
is liable for any bandwidth overuse and subsequent overuse fees and agrees to pay for such overages at the rate of
$1.00 per 1Mbps of bandwidth.
Example calculation:
Bandwidth Allocation: 100Mbps
Bandwidth used for x month=105Mbps (based 95 th percentile metering)
Band width overages =105Mbps Used-100Mbps Allocated= 5Mbps
5 Mbps x $1.00/Mbps = $5.00
If you anticipate high bandwidth usage, please contact our sales department via our helpdesk for further information
on the availability of other Service Plans with higher bandwidth allocations for more cost-effective rates.
Note: The rate of 1Mbps of continuous data transfer in a 30-day period is approximately 320GB of transferred data
bandwidth. - Racking Hardware in Shared Co-location Space
All hardware should be rack mounted and secured properly in the cabinet. This means that free standing items,
such as a drive, should be in a storage container and mounted to the cabinet. DC Space has the right to terminate
any service for improper securing of hardware if not addressed after notification. DC Space can provide shelves and container units to clients should they require them. - Customer’s Warrant as to Legality of Data
DC Space is not responsible for the type of data conveyed via Customer’s equipment. Customer warrants
to DC Space that all data conveyed via Customer’s equipment will comply with the laws of the Republic of
Singapore and comply with the terms of service. - DC Space’s Name not to be Used
Customer shall not use the DC Space name or any derivative thereof in any literature or advertising in any
form without the prior written consent of DC Space. - Force Majeure, Representations and Warranties, and Indemnity
Neither party is responsible for failure or delay in performance caused by acts of God, strikes, floods, fire,
war, public enemy, electrical or equipment failure, failure of third parties or any event beyond its reasonable
control.
The Customer agrees that the use of the Co-location Service is entirely at the Customer’s own risk. The
Service is made available on an “as is”, “where is”, and “with all faults” basis without warranties of any kind,
either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties
of merchantability, non-infringement or fitness for a particular purpose. DC Space makes no guarantee of
availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality
or feature of the DC Space service. In no event will DC Space be liable for any damages, including, without
limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or
in ability to use DC Space’s services or any content thereon. This disclaimer applies, without limitation, to
any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of
performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer
virus; file corruption; communication-line failure; network or system outage; or theft, destruction,
unauthorized access to, alteration of, or use of any record.
The provision of Internet Connection at any particular bandwidth rate does not constitute a guarantee of
the end-to-end throughput or bandwidth available to Customer. DC Space will provide support for any
hardware provided by it for the Internet Connection, and should any problems arise with DC Space’s
hardware or software it will take reasonable action to rectify the situation and will keep Customer
informed of the progress. If Customer’s server or the data transmitted via such server is in some way
harmful to the network, DC Space reserves the right to disconnect the Internet Connection until the
problem is resolved.
Each party agrees to indemnify and hold harmless the other from and against loss, suit, damage or claim,
including reasonable attorney fees and costs, arising out of or in connection with the co-location Service Plan. - Termination by DC Space
DC Space reserves the right to terminate this Agreement:
(A) Forthwith if Customer defaults in making the payments required of it hereunder.
(B) Fails to comply with rules and policies - Termination by Customer
Customer may terminate this Agreement and Service Plan (if in contract term, contract term must be
completed before being able to terminate) by giving thirty (30) days prior written notice before the
proceeding billing date (first day of every month) to DC Space of Customer’s intention to terminate. If
Customer fails to provide notice within this time frame, Customer will be liable and agrees to complete
payment of the preceding month as invoiced accordingly. - Access to client’s IT equipment
DC Space shall grant the Customer access and any authorized company personnel to the premise of Customer’s IT
equipment 24 hours a day, seven days a week, 365 days a year, given the Customer does not have any past due
invoices. The first name, and last name listed within the Customer’s name or authorized contact MUST match their
government issued state ID, or passport. If there is no match, facility access will be refused. - Agreement Supersede
The parties acknowledge and agree that this Agreement represents a composite of all previous
agreements reached to date and that hereafter this Agreement is the only agreement between the
parties with respect to the rights and obligations contemplated by this Agreement, with the exception
of the general terms of service (https://www.dcspace.com.sg/policies/tos/) and shall supersede and
replace any discussion, letter or form of agreement, oral or written, which may exist as of the date of
execution and delivery of this Agreement. - Applicable Law
This Agreement shall be construed and enforced in accordance with and the rights of the parties shall
be governed by the laws of the Republic of Singapore. Each of the parties hereby irrevocably attorney
to the jurisdiction of the courts of Singapore. - Notices
All notices, payments, statements or other documents that any party to this Agreement is required to or
elects to give to the other will be in writing and will be delivered in one of the following ways:
(A) By Email (hello@dcspace.com.sg)
(B) By Registered Mail In the event that the contact email should change at any time during the course of the subscribed Service Plan, Customer agrees to update DC Space immediately of such change so appropriate communication between both parties can continue without delay or interruption. - This agreement may be modified at any time by DC Space for any reason or in order to comply with any national or international laws, rules or regulations, with notice of such modification to Client, which notice may be sent to Client by email, or registered mail.