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Contracts

The colocation agreement

A colocation agreement is usually four documents: a master service agreement, a service order with the actual space and power, an SLA, and an acceptable use policy. The rate on the service order is the number everyone negotiates — and it is rarely where contracts go wrong. The expensive clauses are renewal, escalation, cross-connects and exit, and all four are more negotiable than the rate.

Clause by clause

Twelve clauses cover what a colocation contract actually decides. For each: what it does, how negotiable it really is, and the specific failure mode to check before signing.

Term and renewal

Negotiable

Initial commitment (typically 12–36 months) and what happens at the end: month-to-month, renegotiation, or automatic renewal for another full term.

Watch for Evergreen renewal with a narrow notice window — miss a 90-day window by a week and you owe another year. Calendar the notice date the day you sign.

Space and power definition

Sometimes

What you are actually renting: specific cabinets or footprint, committed power in kW, and the density the facility will support in your position.

Watch for Power sold as "up to N kW" is a ceiling, not a commitment. The word that matters is "committed". Also check whether the kW figure is per cabinet or total.

Power billing model

Sometimes

Metered (you pay for what you draw, plus a committed minimum) or breakered (flat rate for the circuit capacity regardless of draw).

Watch for Breakered billing on a lightly loaded estate means paying for headroom permanently. Metered with a high committed minimum is breakered billing wearing a different name.

Service level agreement

Sometimes

Uptime commitment for power and cooling, measurement method, credit mechanism, and exclusions. Detailed enough to have its own page.

Watch for Credits capped at a fraction of one month’s fee, claims that must be filed within days of the incident, and maintenance windows broad enough to exclude almost anything.

Cross-connects

Negotiable

One-time and monthly recurring charges for connections to carriers and other tenants within the facility.

Watch for The headline rack rate can be undercut by cross-connect MRC. Ten cross-connects at $150–$300 each per month is real money that rarely appears in the first quote. Ask for a bundle.

Remote hands

Negotiable

On-site technician work billed hourly or by subscription: reboots, cable swaps, visual checks, media handling.

Watch for The billing increment. A 15-minute reboot billed in one-hour minimum increments at $150–$250/h adds up. Response time for emergency requests should be contractual, not aspirational.

Escalation and price increases

Negotiable

Annual uplift on recurring charges — fixed percentage, CPI-linked, or (worst) at renewal to "then-current list rates".

Watch for Uncapped CPI linkage, or renewal at list rates with no cap. A fixed 3% annual cap is common and worth asking for. Power pass-through should reference a published tariff.

Access and security

Rarely moves

Who can enter, how they are added and removed, escort requirements, and shipping/receiving procedures.

Watch for Access list changes that require days of lead time make out-of-hours incident response impossible. Verify the 24/7 access actually applies to your tier of contract.

Liability and insurance

Rarely moves

Caps on operator liability, your insurance obligations, and mutual indemnities.

Watch for Liability capped at a few months of fees is standard, which is precisely why the SLA credit mechanism matters — it is often the only remedy you will realistically collect.

Exit and decommissioning

Sometimes

Notice period, condition the space must be returned in, and what happens to your equipment if you leave late or the relationship breaks down.

Watch for Operator lien clauses that let the provider hold your hardware over a billing dispute. Negotiate the right to remove equipment while a dispute is being resolved.

Assignment and change of control

Sometimes

Whether the contract survives your acquisition, the operator’s acquisition, or a transfer to an affiliate.

Watch for Operators change hands constantly in this market. Without assignment rights, an acquisition — yours or theirs — can turn into a forced renegotiation from a weak position.

Sustainability and reporting

Sometimes

PUE reporting, renewable energy attribution, and the data you need for your own emissions accounting.

Watch for If your company reports Scope 3 emissions, contractual access to facility PUE and energy-mix data saves an annual argument. Cheap to ask for at signing, hard to add later.

Negotiation levers, by footprint

FootprintWhat realistically movesWhat does not
1–5 cabinetsSetup fee waivers, remote hands increments, a cross-connect or two bundled, escalation cap.The rack rate. Retail pricing is retail pricing.
~50–250 kWRate per kW, committed-vs-metered structure, cross-connect bundles, expansion options, SLA credit schedule.Facility-wide policies: security, access regime, liability caps.
250 kW+Nearly everything, including custom SLA terms, ROFR on adjacent space, and named remote hands response times.Physics. Power that is not built cannot be committed, whatever the contract says.

Before negotiating a rate, know the market: the Colocation Price Index publishes benchmark $/kW/month by market, and price history shows which way it is moving — in a rising market, locking the escalation cap matters more than shaving the day-one rate.

Before you sign — a 10-point pass

  1. Renewal: is it evergreen, and exactly how many days is the notice window?
  2. Is committed power the word "committed", or the words "up to"?
  3. What is the annual escalation, and is it capped?
  4. Renewal pricing: capped uplift, or "then-current list rates"?
  5. Cross-connects: one-time and monthly, and how many will you actually need?
  6. Remote hands: rate, billing increment, and contractual emergency response time.
  7. SLA: read the exclusions before the number of nines — here is how.
  8. Exit: notice period, return condition, and any lien over your equipment.
  9. Assignment: does the contract survive an acquisition on either side?
  10. Do the certifications your compliance team needs actually apply to this building? Verify in the certification directory.

Frequently asked

What is a colocation agreement?

The contract under which a data center operator provides space, power, cooling and physical security for your equipment. It typically bundles a master service agreement (the legal frame), one or more service orders (the specific cabinets, power and pricing), an SLA (the uptime commitment and remedies), and an acceptable use policy.

What term length should we sign?

Twelve to thirty-six months is standard. Shorter terms carry a price premium but preserve leverage; longer terms earn a discount but only make sense with a fixed escalation cap and an expansion option. Signing five years without a cap on renewal pricing hands the operator the negotiation.

Which clauses are most negotiable?

Cross-connect pricing, remote hands rates and increments, the escalation cap, and renewal terms. Space and power rates move less, especially in tight markets like Singapore. Liability caps and security procedures barely move at all — operators run one regime for the whole building.

What is the single most expensive clause to get wrong?

Automatic renewal. An evergreen clause with a 90-day notice window, missed, commits you to a full additional term for space you may already be leaving — and it compounds with a migration, where the exit date is exactly the thing that slips. Track the notice date from the day of signature, owned by procurement.

Should we sign the operator’s standard agreement?

Read it first against the checklist on this page — standard agreements are written by the operator’s lawyers and every default favours them. For a small footprint you will not move much, but escalation caps, cross-connect bundles and remote hands increments are negotiable even at two cabinets. From roughly 50 kW upward, everything on the high-negotiability list is in play.

Comparing contracts?

Tell us the market and the footprint — we return benchmark pricing and the clauses worth pushing on, so you know what a fair number looks like before the negotiation starts.

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