1. Scope
1.1 These Colocation Specific Terms apply to the rack space, power, connectivity, physical access and remote hands that ON DIVERSITY CLOUD EUROPE, S.L. ("DIVERSITY") provides under an Order Form for the Customer's own equipment.
1.2 These Specific Terms supplement the General Terms (/general-terms/) and the Acceptable Use Policy (/acceptable-use-policy/), whose Section 8 sets the rules for access and conduct in the data centre. They do not repeat what those documents settle. In particular, fees, invoicing and late payment (General Terms, Section 7), suspension (Section 8), personal data (Section 9 and the DPA), confidentiality (Section 10), liability (Section 14), notices (Section 18), and governing law and courts (Section 23) apply as written there.
1.3 Where these Specific Terms depart from the General Terms, they say so and prevail, as Section 3.2 of the General Terms provides. Capitalised terms not defined here have the meaning given in the General Terms.
2. Definitions
- "Rack Space": a third of a rack, two thirds of a rack, or a full rack, as stated in the Order Form.
- "Customer Equipment": the hardware, cabling and other items the Customer installs in its Rack Space.
- "Power Connection": the power capacity contracted for a rack, as stated in the Order Form.
- "A Feed" and "B Feed": the two independent power feeds provided to a rack.
- "Remote Hands": physical work on Customer Equipment carried out by DIVERSITY staff at the Customer's request.
3. Description of the service
3.1 Rack Space. Rack Space is provided in thirds of a rack: a third, two thirds or a full rack.
3.2 Power. DIVERSITY provides up to 20 kW per rack where the site supports it. The Order Form states the Power Connection of each rack.
3.3 Network. DIVERSITY provides up to 200G to a rack. The Customer may order cross-connects to any carrier present in the building, and may also buy IP transit from DIVERSITY. The Order Form states the connectivity ordered.
3.4 Sites. Colocation is offered in Madrid (MAD1), Amsterdam (AMS1), Munich (MUN1) and Helsinki (HEL1). Rack Space is available at short notice only in Madrid and Amsterdam. In the other sites, the Order Form states when the Rack Space will be available.
4. Ordering and provisioning
The Order Form states the site, the Rack Space, the Power Connection, the connectivity and the date from which the Rack Space is available.
5. Physical access
5.1 Full rack. The persons the Customer registers for a full rack have access 24 hours a day, 7 days a week, without escort, using their personal access card and PIN.
5.2 A third or two thirds of a rack. Access to a shared rack is always escorted by DIVERSITY staff, and no access card is issued. The Customer arranges each visit with DIVERSITY in advance.
5.3 Section 8 of the Acceptable Use Policy sets out the registration of persons and the rules on site.
6. Remote hands
6.1 The Customer requests Remote Hands through support (/contracts/support/).
6.2 On Advanced Support, Remote Hands is drawn from a prepaid bag of hours. Otherwise, Remote Hands is billed per hour as the Order Form sets out.
7. Service levels
7.1 What the SLA covers. The 99.9% availability commitment (General Terms, Section 5.2) covers the Colocation service, the power and the cooling. It does not cover Customer Equipment or anything the Customer installs in the rack.
7.2 Power condition. The commitment on power applies only to Customer Equipment fed from both the A Feed and the B Feed, and only while the rack's actual usage over the past 30 days has stayed under 80% of its Power Connection. Equipment with a single power supply, or connected to a single feed, is outside the commitment on power.
7.3 Feed limit. Separately, the Customer must ensure that no feed or power distribution unit exceeds 80% of its capacity, except for bursts shorter than one minute.
7.4 Cooling. Racks sit in contained hot-aisle and cold-aisle rows. The Customer must use equipment with front-to-back airflow and must fit blanking plates in every empty rack unit. These are contractual requirements.
7.5 Temperature. DIVERSITY commits to an air temperature of 27°C ±5°C, measured 50 cm from the rack, at a height of one metre, inside the cold aisle.
8. The Customer's obligations
8.1 The Customer owns Customer Equipment and is responsible for it, for its configuration and for the data on it.
8.2 The Customer must keep its power usage within the limits in Sections 7.2 and 7.3 and meet the cooling requirements in Section 7.4, in addition to the site rules in Section 8 of the Acceptable Use Policy.
8.3 The Customer must keep the list of registered persons up to date, and must tell DIVERSITY without delay when a person no longer needs access.
9. Data and location
9.1 Colocation is not a data processing service under Regulation (EU) 2023/2854 (Data Act): the Customer installs and controls its own equipment and data (Data Act page, /data-act/, Section 2). Section 17 of the General Terms therefore does not apply to Colocation.
9.2 DIVERSITY has no logical access to Customer Equipment and keeps no copy of the data on it. Backups of that data are the Customer's responsibility (General Terms, Section 13).
9.3 The Rack Space is in the site stated in the Order Form.
10. Term, renewal and termination
10.1 Minimum term. Colocation has a minimum term of 12 months from the date the Rack Space is available.
10.2 Tacit renewal. At the end of the minimum term, and of each later period, the Agreement for Colocation renews tacitly for a further 12 months, unless either party gives written notice of non-renewal at least three months before the end of the current period.
10.3 Effect of notice. Notice takes effect at the end of the current period, not three months after it is given. A party that misses the notice deadline is bound for a further 12-month period.
10.4 Sections 10.2 and 10.3 replace the renewal and notice rule in Section 16.1 of the General Terms.
11. End of contract
11.1 Removal period. The Customer must remove Customer Equipment within 7 days after the Agreement for Colocation ends. Access for the removal follows Section 5.
11.2 Removal by DIVERSITY. At the Customer's request, DIVERSITY removes Customer Equipment for it. This work is billed per hour as Remote Hands (Section 6).
11.3 Extension. Before the 7 days end, the Customer may ask for more time, telling DIVERSITY that it will collect the equipment. DIVERSITY then shuts down and unracks Customer Equipment and keeps it in its loading bay until the Customer collects it, for no more than 30 days after the Agreement for Colocation ends. The shutting down and unracking are billed per hour as Remote Hands.
11.4 Equipment left in the rack. If Customer Equipment is still in the rack when the 7 days end and no extension has been agreed, DIVERSITY notifies the Customer in writing and may remove the equipment from the rack and store it. The removal and storage are billed per hour as Remote Hands.
11.5 Abandoned equipment. DIVERSITY notifies the Customer in writing when the removal period, or the extension, ends. Customer Equipment that the Customer has not reclaimed within 15 days after that is treated as abandoned. It then becomes DIVERSITY's property, and DIVERSITY may keep, sell, recycle or destroy it, without compensation to the Customer. This does not apply to equipment that the Customer has told DIVERSITY in writing, before it is treated as abandoned, belongs to a third party such as a leasing company: DIVERSITY keeps that equipment in storage, billed per hour as Remote Hands, and may return it to its owner after erasing its storage media to NIST SP 800-88.
11.6 Erasure. Before keeping, selling or recycling abandoned equipment, DIVERSITY securely erases its storage media to NIST SP 800-88, or destroys them.
12. Exclusions
Unless the Order Form provides otherwise, Colocation does not include:
(a) cages or private suites;
(b) Customer Equipment, its operation or its availability;
(c) the commitment on power for equipment not fed from both the A Feed and the B Feed;
(d) any temperature commitment other than Section 7.5, or any humidity commitment;
(e) Remote Hands outside the terms of Section 6.