Colocation Agreement changes 2026-08-18 20:13:26 - 2026-08-21 13:00:50
Version: 1.0 Effective
Effective
date: 2026.08.30.This
Colocation Agreement ("Colocation Agreement" or "Agreement") governs Colocation Services providedServerAstra
Informatikai, Kereskedelmi és Szolgáltató Korlátolt Felelősségűto
the person or legal entity ordering or using the Colocation ServiceThis
Agreement supplements ServerAstra's General Terms and Conditions of Services ("GTCs"), Acceptable Use Policy ("AUP"), Service Level Agreement ("SLA"), Privacy Policy, applicable Service Order and other applicable ServerAstraFor
purposes of this Agreement, "Service Order" means the Customer's applicable order, quotation, order confirmation, service configuration, individually negotiated agreement or other written or electronic record accepted by the parties which identifies the particular Colocation Service or its commercial or technicalUnless
expressly provided otherwise in this Agreement, the GTCs applicable to the Customer's Service apply, including amendments that have validly become effective in accordance with the GTCs and mandatoryWhere
this Agreement and the GTCs conflict specifically in relation to Customer Equipment, physical inspection, physical access, disconnection, removal, Secure Storage, retention or enforcement against Customer Equipment, this Agreement1.
COLOCATION1.
1The
Provider supplies rack space, electrical power, network connectivity and related services for equipment supplied by the Customer ("CustomerThe
particular rack allocation, power allowance, network connectivity, bandwidth, IP resources, price and other commercial and technical conditions are specified in the applicable Service1.
2 TechnicalCustomer
Equipment must remain within the physical, electrical, power, thermal and other technical limits applicable to the orderedThe
Provider may require correction, relocation or disconnection of equipment which exceeds contracted or safe operating1.
3 PrepaidColocation
is provided on a prepaid basis unless expressly agreedExpiry
of a paid Service Period without renewal does not require the Provider to continue providing rack space, electricity or network connectivity to Customer2.
CUSTOMER2.
1 CustomerThe
Customer is responsible for ensuring that Customera.
may lawfully be placed and operated at the Provider'sb.
is reasonably suitable and safe for use in a professionalc.
complies with the technical requirements of the ordered Service;d.
does not contain or incorporate anything which may reasonably endanger or interfere with the Provider's facilities, systems, network, personnel, customers, business or security.2.
2 Ownership andThe
Customer represents that it owns the Customer Equipment or otherwise has sufficient authority to place and operate it at the Provider'sAny
ownership, leasing, financing, pledge or other third-party interest relating to Customer Equipment is the Customer'sThe
Provider is not required to investigate title to Customer Equipment before acceptingIf
another person later claims entitlement to Customer Equipment, the Provider may require sufficient documentary evidence before releasing the equipment and may retain it while a genuine ownership or authority dispute remains2.
3 EquipmentThe
Provider maintains an inventory of Customer Equipment placed in itsThe
inventory may include, as- manufacturer
The
Provider may update the inventory following installation, replacement, modification, inspection, removal or transfer into SecureThe
inventory is maintained for operational, security, custody and enforcement purposes and does not constitute a warranty by the Provider as to the equipment's ownership, condition, contents orWhere
the Customer is acting as a consumer, the inventory may also be used to individually identify equipment subject to the possessory pledge under Section3.
DELIVERY, INSTALLATION AND PHYSICAL3.
1The
Provider may determine the rack position, cabling, power connection and network connection of Customer Equipment consistent with the orderedThe
Provider may relocate Customer Equipment within its operational facilities where reasonably necessary for maintenance, security, capacity management, infrastructure work or emergency3.
2Physical
access to Customer Equipment or theThe
Provider may require advance arrangement, identification, authorization, accompaniment or other appropriate accessPhysical
access may be delayed or refused where reasonably necessary because of security, safety, maintenance, an incident, an investigation, a legal requirement or enforcement of the Provider's rights relating to CustomerAuthorized
Customer access for installation, inspection or maintenance does not by itself terminate or surrender any possession or physical control which the Provider otherwise lawfully maintains over Customer4.
HARDWARE INSPECTION AND4.
1 Express inspectionThe
Customer expressly authorizes the Provider to inspect Customer Equipment externally and internally where inspection is reasonably necessarya.
electrical, physical or fireb.
protection of thec.
network, systems or informationd.
prevention or investigation of abuse, fraud or unauthorizede.
protection of the Provider's services, customers, personnel orf.
verification of equipment identity org.
investigation of unusual technical, electrical or network behaviour;h.
compliance with applicable law or a lawful request of a competent authority.4.
2 InternalAn
inspection may include opening a chassis, cabinet or enclosure and physically inspecting or identifying installedThis
may include, where- storage devices;
- network interfaces;
- CPUs,
The
Provider may record serial numbers and hardware identifiers, take photographs and compare installed equipment against information supplied by the Customer or previously recorded in the Provider's4.
3 Inspection without priorPrior
notice is not required where notice could reasonably compromise the purpose of the inspection, evidence may be altered or removed, or immediate action is reasonably necessary for security or4.
4 Data stored onPhysical
inspection of storage media does not by itself authorize the Provider to examine files, databases, communications or other Customer content stored on thatLogical
access to Customer data remains governed by the GTCs, Customer authorization and applicableFor
the avoidance of doubt, any right under the GTCs to remove or erase Customer data from Provider devices or infrastructure does not authorize the Provider to access, delete or modify data stored on Customer-owned Customer4.
5 Immediate protectiveWhere
the Provider reasonably believes Customer Equipment or an installed component presents a security, safety, abuse or infrastructure risk, the Provider may- disconnect
4.
6 Refusal ofThe
Customer shall not intentionally conceal equipment or obstruct an inspection permitted under thisRefusal
to permit a reasonably required inspection may result in suspension or termination in accordance with the5.
DISCONNECTION AND5.
1In
addition to the rights contained in the GTCs, Customer Equipment may be disconnected from network connectivity and/or electricitya.
the paid Colocation Service hasb.
the Colocation Service has been suspended orc.
the equipment presents a technical, electrical, security or safetyd.
immediate action is reasonably necessary to protect the Provider, its infrastructure, customers or third parties;e.
disconnection is required by law or competent authority.5.
2 Removal from productionFollowing
expiry, suspension or termination, the Provider may remove Customer Equipment from production rack space and transfer it to SecureThe
Provider is not required to continue consuming production rack capacity for equipment for which an active Colocation Service no longer5.
3 Removal and Remote HandsWhere
Provider personnel are required to disconnect, unrack, disassemble, inventory, handle, prepare or remove Customer Equipment, such work is charged at the Provider's applicable Remote HandsAs
of the Effective Date of this Agreement, the Remote Hands rate is EUR 129 per hour, plus applicableThe
charge applies to actual technical labour required and is billed using the Provider's normal Remote Hands billingRemoval
work may include, where- orderly
Where
no Provider labour is required, no Remote Hands charge arises merely because the Customer collects its6.
COLLECTION AND SECURE6.
1 CollectionFollowing
termination or expiry of the Colocation Service, the Customer shall arrange collection or return of Customer Equipment within 30 calendarThe
equipment may be disconnected and removed from production rack space before expiry of this collectionThe
30-day period allows the Customer to arrange recovery of its property and does not extend the original Colocation Service or require the equipment to remain powered, connected or installed in production rack6.
2 SecureEquipment
removed from production service may be placed into "Secure Storage", meaning protected indoor, unpowered storage used by the Provider for equipment which is no longer activelyEquipment
in Secure- receives
Secure
Storage does not constitute active maintenance, backup or preservation of data stored on the6.
3 Secure StorageAs
of the Effective Date of this Agreement, Secure Storage is charged asEUR
10 per rack unit (RU), or part thereof, per month, subject to a minimum charge of EUR 15 per separately stored chassis or equipmentThe
base storage charge includes equipment weighing up to 30For
equipment exceeding 30 kg, an additional EUR 5 per commenced 20 kg above 30 kg is charged perApplicable
taxes are added where required. Where mandatory consumer law requires a tax-inclusive price to be displayed before contracting, the applicable gross amount shall be displayed to the Customer before acceptance.Example:
a 3U server weighing 50 kg is charged EUR 35 per month, before any applicable taxes: EUR 30 for 3U plus EUR 5 for the additional6.
4 Pro-rataSecure
Storage charges accrue daily at 1/30 of the applicable monthly charge and may be invoiced6.
5 Beginning and end of storageSecure
Storage charges begin when Customer Equipment is physically transferred into SecureThey
continue until the equipmenta.
collected by the Customer or an authorizedb.
handed to a postal, courier, freight or logistics provider forc.
lawfully sold throughd.
lawfully transferred to the Provider or another person;e.
otherwise lawfully removed from the Provider's custody.6.
6 Oversized or unusualEquipment
which cannot reasonably be stored using ordinary rack-equipment storage because of its dimensions, weight, condition or special handling requirements may be subject to reasonable additional external storage or handlingThe
Provider shall not impose such additional costs where the ordinary Secure Storage tariff reasonably accommodates the6.
7 Changes to Remote Hands and Secure StorageThe
Remote Hands and Secure Storage rates stated in this Agreement are the rates applicable on its EffectiveThe
Provider may amend these tariffs prospectively upon at least 30 days' prior notice, subject to the GTCs and mandatoryNo
amended tariff appliesWhere
Customer Equipment is already in Secure Storage, the previous Secure Storage tariff continues to apply during the notice period. The Customer may avoid the amended storage tariff by arranging collection or return of the equipment before the new tariff becomes effective.Any
amendment affecting a consumer applies only to the extent that it has validly become part of the contractual relationship under applicable7.
RETURN, SHIPPING AND7.
1 CustomerThe
Customer may arrange collection by itself or an appropriately authorized person or carrier, subject to applicable facility access and securityThe
Provider may require reasonable evidence of identity and authority before releasing Customer7.
2 Postal, courier or freightAt
the Customer's request, the Provider may arrange return through a postal service, courier, freight forwarder or other logisticsThe
Customer is responsible for the actual costs- postage;
- courier
7.
3 Preparation andProvider
personnel time required to retrieve equipment from Secure Storage, package it, prepare it for transportation or hand it to a logistics provider is charged at the applicable Remote Hands rate described in Section 5.3.7.
4 AdvanceThe
Provider may require shipping, transportation and other external return costs to be paid inThe
Provider is not required to finance postal, courier or freight charges on behalf of the7.
5 TransportationOnce
Customer Equipment has been handed to the Customer's selected or approved postal, courier, freight or logistics provider, transportation is subject to the carrier's applicableThe
Provider's liability remains governed by the GTCs and mandatory8.
RETENTION AND POSSESSORY8.
1To
the extent permitted by applicable law, the Provider may retain Customer Equipment remaining in its possession while matured amounts secured in relation to that equipment remain8.
2 PossessoryTo
secure the obligations described below, the Customer grants the Provider a possessory pledge (kézizálogjog) over Customer-owned equipment delivered into the Provider's possession under the applicable ColocationThe
parties intend that delivery of Customer Equipment into the Provider's controlled facility and the Provider's continuing physical control over the equipment constitute the transfer of possession, or where applicable joint possession, required for establishment and maintenance of the possessory pledge under applicable HungarianCustomer
access to Customer Equipment for authorized installation, inspection or maintenance does not by itself constitute surrender of the Provider's possession or physicalFollowing
disconnection, removal from production space or transfer into Secure Storage, the Provider may retain exclusive physical custody of the equipment while the pledge or another lawful right of retention remains inThis
Section applies only to the extent that the factual and legal requirements for establishment and continued existence of the possessory pledge are8.
3 SecuredThe
possessory pledge secures only amounts actually and validly due in connection with the applicable Colocation Service- unpaid
The
secured amount may increase as such charges lawfullyContractual
penalties, Terms of Service violation fines, clean-up fines or fees, early-termination liquidated damages and claims unrelated to the relevant Customer Equipment are not secured by this possessory pledge unless separately and expressly agreed where permitted by law.8.
4 Maximum securedUnless
a different maximum secured amount is expressly agreed with the Customer in an individual Service Order or separate written contract, the contractual possessory pledge secures obligations up to a maximum of EUR 10,000 per ServiceA
higher or lower maximum secured amount may be agreed on a Customer-by-Customer basis where justified by the value, quantity or nature of the Customer Equipment or by the scope of the ColocationAny
such individually agreed amount applies only to the Service Order or contract in which it is expresslyThe
maximum secured amount represents only the maximum extent to which the Provider may seek satisfaction from the pledged Customer Equipment. It does not create a debt or payment obligation of that amount.The
Customer is liable only for amounts actually and validly due under the contractual8.
5 Identification of pledgedCustomer
Equipment subject to the pledge shall be identified primarily by the Provider's equipment inventory, together with any applicable Service Order, manufacturer and model information, serial numbers, photographs or other identifyingWhere
the Customer is acting as a consumer, the pledge applies only to Customer-owned equipment individually identified as required by applicable8.
6 Third-partyA
Customer cannot grant the Provider greater rights over equipment than the Customer is legally entitled toThe
Customer remains responsible for any false or inaccurate representation concerning ownership or authority over theThe
Provider is not required to investigate undisclosed third-party9.
UNCOLLECTED EQUIPMENT AND9.
1 UncollectedCustomer
Equipment remaining in the Provider's possession after the 30-day collection period is "UncollectedFailure
to collect Customer Equipment does not automatically transfer ownership of that equipment to the9.
2 ContinuingSecure
Storage and other applicable charges continue to accrue while Uncollected Equipment remains in the Provider'sSuch
charges may form part of the secured obligations to the extent permitted by9.
3 EnforcementWhere
secured obligations have become due and remain unpaid, the Provider may enforce its pledge in accordance with applicable HungarianBefore
any out-of-court sale of Customer Equipment, the Provider shall provide all prior written notices required by applicableThe
Provider may additionally send a final collection or payment notice identifying the equipment, the amount due and the consequences of continued non-payment orAny
additional collection or payment notice does not replace a statutory enforcement notice where such notice is required by9.
4 Sale whereWhere
applicable law permits the Provider to enforce the pledge by out-of-court sale, the Provider shall not carry out a sale before expiry of every applicable mandatory noticeThe
sale shall be conducted in a commercially reasonable manner and otherwise in accordance with applicableDepending
on the type and value of the equipment, this may include sale- a
9.
5 ConsumerWhere
the Customer acts as a consumer, out-of-court enforcement against Customer Equipment shall occur only where the requirements of applicable Hungarian law have beenWhere
applicable law requires a written agreement concerning the method of sale after the enforcement right has arisen, this Agreement itself does not constitute that laterIf
the Customer cannot be contacted or the legally required agreement cannot be obtained, the Provider may pursue judicial enforcement or another legally available9.
6 No automaticCustomer
Equipment does not automatically become property of the Provider- payment
9.
7 Acquisition by theFollowing
default, the Provider may acquire Customer Equipment itself only through a method permitted by applicableThis
maya.
a lawful post-default written agreement with the Customer under which the equipment is transferred in full or partial satisfaction of the securedb.
acquisition through a sale where the Provider is legally permitted to participate as purchaser;c.
another lawful transfer of ownership.Only
after ownership has validly transferred to the Provider may the Provider use, redeploy, dismantle or resell the equipment as its own9.
8 Data-bearing media beforeBefore
lawfully selling or otherwise transferring Customer Equipment to an unrelated third party, the Provider may, where lawful and reasonably necessary to protect Customer or third-party- securely
Such
processing is for protection of stored information and does not authorize the Provider to use or examine Customer content for unrelatedReasonable
sanitization or media-removal costs may be treated as enforcement or handling costs to the extent permitted by9.
9 Costs and saleReasonable
costs incurred in connection with preserving, storing, handling, preparing, transporting, valuing, sanitizing or selling Customer Equipment may be deducted from sale proceeds to the extent permitted byRemaining
proceeds shall then be applied to the Provider's secured claim and any other claims according to their lawfulAny
surplus remaining after satisfaction of lawful claims and costs belongs to the Customer or another person legally entitled to9.
10Where
required by law, the Provider shall prepare the required written accounting following enforcement and maintain appropriate records of the enforcement9.
11 Low-valueWhere
Customer Equipment has little or no economically reasonable resale value, this does not by itself transfer ownership to theThe
Provider may use a commercially reasonable recycling, scrap or disposal channel only after obtaining the authority required by applicable10.
DEATH, DISSOLUTION, LIQUIDATION AND LOSS OF10.
1 No duty to identifyIf
a Customer dies, ceases to exist, enters liquidation or otherwise becomes unreachable, the Provider is not responsible for identifying or locating heirs, beneficiaries, shareholders, directors, liquidators, administrators or other10.
2 ClaimingA
person requesting Customer Equipment in such circumstances must provide documentation reasonably sufficient to establish their legal entitlement orDepending
on the circumstances, this may- final
10.
3 Retention pendingUntil
satisfactory entitlement is established, the Provider may refuse release of CustomerSecure
Storage and other applicable charges may continue to accrue during that period to the extent permitted byThe
Provider is not responsible for delays caused by an heir, estate, liquidator or other claimant failing to produce the required11.
DATA, BACKUPS AND CONTRACTUAL11.
1The
Customer remains responsible for maintaining appropriate backups of data stored on CustomerColocation
and Secure Storage do not include backup, data recovery or preservation of data unless separatelyInspection,
disconnection, removal or Secure Storage of Customer Equipment does not create any representation that data stored on the equipment will remain11.
2 DataData
protection and processing obligations otherwise remain governed by the GTCs, Privacy Policy and applicable11.
3 Exercise of contractualThe
exercise by the Provider of a right expressly granted by this Agreement, including authorized inspection, disconnection, removal, quarantine or Secure Storage, when performed in accordance with this Agreement and applicable law, does not by itself constitute a failure by the Provider to fulfil its contractual obligations for the purposes of theThis
Section does not exclude liability for loss or damage where the Provider is liable under mandatory law or the applicable provisions of the12.
GENERAL12.
1 Matters governed by thePayment
terms, general suspension and termination rights, Acceptable Use requirements, IP resources, network use, liability, indemnification, SLA commitments, data protection, notices, dispute resolution and governing law are governed by the GTCs and applicable ServerAstra policies except where this Agreement expressly provides12.
2 MandatoryIf
any provision of this Agreement conflicts with mandatory Hungarian or European Union law, mandatory law prevails to the necessary extent without affecting the remainingIf
a security or enforcement provision cannot be applied in the manner described, it shall be applied only to the maximum extent permitted by law and shall not be interpreted as creating an automatic transfer of12.
3This
Agreement and its tariffs may be amended in accordance with the applicable amendment provisions of this Agreement, the GTCs and mandatoryNo
amendment shall apply retroactively unless expressly agreed by the Customer or required byWhere
mandatory law requires separate notice or express acceptance of a new or amended term, the amendment becomes effective against the Customer only after those requirements have been12.
4 Separate information and expressWhere
required by applicable law, the Provider shall separately inform the Customer before contracting of provisions which materially depart from usual contractual practice or create additional monetary obligations and shall obtain the Customer's express acceptance of suchIn
particular, the Provider may require separate express acknowledgment- the
12.
5 Relationship with theThis
Agreement forms the separate Colocation Agreement referred to in Section II.II of the ServerAstra GTCs and applies only where the Customer orders or uses a Colocation Service.