Colocation Agreement

Version: 1.0 Effective date: 2026.08.30.

This Colocation Agreement ("Colocation Agreement" or "Agreement") governs Colocation Services provided by:

ServerAstra Informatikai, Kereskedelmi és Szolgáltató Korlátolt Felelősségű Társaság short name: ServerAstra Kft. registered seat: 1158 Budapest, Petrence utca 66., Hungary company registration number: Cg. 01-09-873403 tax number: 13791173-2-42 EU VAT number: HU13791173 ("Provider" or "ServerAstra")

to the person or legal entity ordering or using the Colocation Service ("Customer").

This 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 ServerAstra policies.

For 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 technical conditions.

Unless 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 mandatory law.

Where 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 Agreement prevails.

1. COLOCATION SERVICE

1.1 Service

The Provider supplies rack space, electrical power, network connectivity and related services for equipment supplied by the Customer ("Customer Equipment").

The particular rack allocation, power allowance, network connectivity, bandwidth, IP resources, price and other commercial and technical conditions are specified in the applicable Service Order.

1.2 Technical limits

Customer Equipment must remain within the physical, electrical, power, thermal and other technical limits applicable to the ordered Service.

The Provider may require correction, relocation or disconnection of equipment which exceeds contracted or safe operating limits.

1.3 Prepaid service

Colocation is provided on a prepaid basis unless expressly agreed otherwise.

Expiry of a paid Service Period without renewal does not require the Provider to continue providing rack space, electricity or network connectivity to Customer Equipment.

2. CUSTOMER EQUIPMENT

2.1 Customer responsibility

The Customer is responsible for ensuring that Customer Equipment:

a. may lawfully be placed and operated at the Provider's facility;

b. is reasonably suitable and safe for use in a professional data-centre environment;

c. complies with the technical requirements of the ordered Service; and

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 and authority

The Customer represents that it owns the Customer Equipment or otherwise has sufficient authority to place and operate it at the Provider's facility.

Any ownership, leasing, financing, pledge or other third-party interest relating to Customer Equipment is the Customer's responsibility.

The Provider is not required to investigate title to Customer Equipment before accepting it.

If 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 remains unresolved.

2.3 Equipment Inventory

The Provider maintains an inventory of Customer Equipment placed in its facilities.

The inventory may include, as applicable:

  • manufacturer and model;
  • serial number;
  • asset or chassis identifier;
  • rack-unit size;
  • approximate weight;
  • photographs; and
  • other information reasonably necessary to identify the equipment.

The Provider may update the inventory following installation, replacement, modification, inspection, removal or transfer into Secure Storage.

The 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 or functionality.

Where the Customer is acting as a consumer, the inventory may also be used to individually identify equipment subject to the possessory pledge under Section 8.

3. DELIVERY, INSTALLATION AND PHYSICAL ACCESS

3.1 Installation

The Provider may determine the rack position, cabling, power connection and network connection of Customer Equipment consistent with the ordered Service.

The Provider may relocate Customer Equipment within its operational facilities where reasonably necessary for maintenance, security, capacity management, infrastructure work or emergency response.

3.2 Access

Physical access to Customer Equipment or the data-centre facility is subject to the Provider's and facility operator's applicable security procedures.

The Provider may require advance arrangement, identification, authorization, accompaniment or other appropriate access controls.

Physical 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 Customer Equipment.

Authorized 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 Customer Equipment.

4. HARDWARE INSPECTION AND SECURITY

4.1 Express inspection authorization

The Customer expressly authorizes the Provider to inspect Customer Equipment externally and internally where inspection is reasonably necessary for:

a. electrical, physical or fire safety;

b. protection of the data centre or Provider infrastructure;

c. network, systems or information security;

d. prevention or investigation of abuse, fraud or unauthorized activity;

e. protection of the Provider's services, customers, personnel or business;

f. verification of equipment identity or configuration;

g. investigation of unusual technical, electrical or network behaviour; or

h. compliance with applicable law or a lawful request of a competent authority.

4.2 Internal inspection

An inspection may include opening a chassis, cabinet or enclosure and physically inspecting or identifying installed components.

This may include, where relevant:

  • storage devices;
  • network interfaces;
  • CPUs, RAM, GPUs and accelerators;
  • expansion cards;
  • power supplies;
  • batteries;
  • USB or removable devices;
  • radio, cellular or wireless equipment;
  • cameras, microphones or sensors;
  • cables and adapters; and
  • other internal or externally attached components.

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's inventory.

4.3 Inspection without prior notice

Prior 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 or safety.

4.4 Data stored on equipment

Physical inspection of storage media does not by itself authorize the Provider to examine files, databases, communications or other Customer content stored on that media.

Logical access to Customer data remains governed by the GTCs, Customer authorization and applicable law.

For 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 Customer Equipment.

4.5 Immediate protective action

Where the Provider reasonably believes Customer Equipment or an installed component presents a security, safety, abuse or infrastructure risk, the Provider may immediately:

  • disconnect network connectivity;
  • disconnect power;
  • isolate a port or component;
  • power equipment off;
  • remove equipment from the rack; or
  • place equipment into quarantine.

4.6 Refusal of inspection

The Customer shall not intentionally conceal equipment or obstruct an inspection permitted under this Agreement.

Refusal to permit a reasonably required inspection may result in suspension or termination in accordance with the GTCs.

5. DISCONNECTION AND REMOVAL

5.1 Disconnection

In addition to the rights contained in the GTCs, Customer Equipment may be disconnected from network connectivity and/or electricity where:

a. the paid Colocation Service has expired;

b. the Colocation Service has been suspended or terminated;

c. the equipment presents a technical, electrical, security or safety risk;

d. immediate action is reasonably necessary to protect the Provider, its infrastructure, customers or third parties; or

e. disconnection is required by law or competent authority.

5.2 Removal from production space

Following expiry, suspension or termination, the Provider may remove Customer Equipment from production rack space and transfer it to Secure Storage.

The Provider is not required to continue consuming production rack capacity for equipment for which an active Colocation Service no longer exists.

5.3 Removal and Remote Hands charge

Where 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 Hands rate.

As of the Effective Date of this Agreement, the Remote Hands rate is EUR 129 per hour, plus applicable taxes.

The charge applies to actual technical labour required and is billed using the Provider's normal Remote Hands billing increments.

Removal work may include, where applicable:

  • orderly shutdown where reasonably possible;
  • physical power and network disconnection;
  • cable removal;
  • unracking;
  • disassembly reasonably required for safe removal;
  • equipment identification and inventory;
  • preparation for Secure Storage; and
  • preparation for collection or shipment.

Where no Provider labour is required, no Remote Hands charge arises merely because the Customer collects its equipment.

6. COLLECTION AND SECURE STORAGE

6.1 Collection period

Following termination or expiry of the Colocation Service, the Customer shall arrange collection or return of Customer Equipment within 30 calendar days.

The equipment may be disconnected and removed from production rack space before expiry of this collection period.

The 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 rack space.

6.2 Secure Storage

Equipment 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 actively colocated.

Equipment in Secure Storage:

  • receives no electrical power;
  • receives no network connectivity;
  • is not actively operated or monitored;
  • is kept under reasonable physical security; and
  • is reasonably protected from ordinary environmental exposure, contamination, accidental handling and unauthorized physical access.

Secure Storage does not constitute active maintenance, backup or preservation of data stored on the equipment.

6.3 Secure Storage charges

As of the Effective Date of this Agreement, Secure Storage is charged as follows:

EUR 10 per rack unit (RU), or part thereof, per month, subject to a minimum charge of EUR 15 per separately stored chassis or equipment item.

The base storage charge includes equipment weighing up to 30 kg.

For equipment exceeding 30 kg, an additional EUR 5 per commenced 20 kg above 30 kg is charged per month.

Applicable 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 additional weight.

6.4 Pro-rata calculation

Secure Storage charges accrue daily at 1/30 of the applicable monthly charge and may be invoiced periodically.

6.5 Beginning and end of storage charges

Secure Storage charges begin when Customer Equipment is physically transferred into Secure Storage.

They continue until the equipment is:

a. collected by the Customer or an authorized recipient;

b. handed to a postal, courier, freight or logistics provider for return;

c. lawfully sold through enforcement;

d. lawfully transferred to the Provider or another person; or

e. otherwise lawfully removed from the Provider's custody.

6.6 Oversized or unusual equipment

Equipment 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 handling costs.

The Provider shall not impose such additional costs where the ordinary Secure Storage tariff reasonably accommodates the equipment.

6.7 Changes to Remote Hands and Secure Storage tariffs

The Remote Hands and Secure Storage rates stated in this Agreement are the rates applicable on its Effective Date.

The Provider may amend these tariffs prospectively upon at least 30 days' prior notice, subject to the GTCs and mandatory law.

No amended tariff applies retroactively.

Where 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 applicable law.

7. RETURN, SHIPPING AND TRANSPORTATION

7.1 Customer collection

The Customer may arrange collection by itself or an appropriately authorized person or carrier, subject to applicable facility access and security requirements.

The Provider may require reasonable evidence of identity and authority before releasing Customer Equipment.

7.2 Postal, courier or freight return

At the Customer's request, the Provider may arrange return through a postal service, courier, freight forwarder or other logistics provider.

The Customer is responsible for the actual costs of:

  • postage;
  • courier or freight services;
  • transportation from Secure Storage to the postal, courier, freight or logistics provider where required;
  • shipment insurance requested by the Customer;
  • customs or export-related charges where applicable;
  • packaging materials; and
  • other third-party charges reasonably necessary to return the equipment.

7.3 Preparation and handling

Provider 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 Advance payment

The Provider may require shipping, transportation and other external return costs to be paid in advance.

The Provider is not required to finance postal, courier or freight charges on behalf of the Customer.

7.5 Transportation risk

Once 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 applicable conditions.

The Provider's liability remains governed by the GTCs and mandatory law.

8. RETENTION AND POSSESSORY PLEDGE

8.1 Retention

To 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 remain unpaid.

8.2 Possessory pledge

To 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 Colocation Service.

The 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 Hungarian law.

Customer access to Customer Equipment for authorized installation, inspection or maintenance does not by itself constitute surrender of the Provider's possession or physical control.

Following 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 in effect.

This Section applies only to the extent that the factual and legal requirements for establishment and continued existence of the possessory pledge are satisfied.

8.3 Secured obligations

The possessory pledge secures only amounts actually and validly due in connection with the applicable Colocation Service comprising:

  • unpaid Colocation Service fees;
  • Remote Hands charges;
  • disconnection, unracking and removal charges;
  • Secure Storage charges;
  • reasonable preservation costs;
  • packaging and handling costs;
  • postage, courier, freight and transportation costs incurred by the Provider;
  • interest lawfully accruing on the foregoing amounts; and
  • lawful costs of enforcement.

The secured amount may increase as such charges lawfully accrue.

Contractual 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 secured amount

Unless 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 Service Order.

A 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 Colocation Service.

Any such individually agreed amount applies only to the Service Order or contract in which it is expressly stated.

The 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 contractual relationship.

8.5 Identification of pledged equipment

Customer 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 identifying records.

Where the Customer is acting as a consumer, the pledge applies only to Customer-owned equipment individually identified as required by applicable law.

8.6 Third-party ownership

A Customer cannot grant the Provider greater rights over equipment than the Customer is legally entitled to grant.

The Customer remains responsible for any false or inaccurate representation concerning ownership or authority over the equipment.

The Provider is not required to investigate undisclosed third-party interests.

9. UNCOLLECTED EQUIPMENT AND ENFORCEMENT

9.1 Uncollected Equipment

Customer Equipment remaining in the Provider's possession after the 30-day collection period is "Uncollected Equipment".

Failure to collect Customer Equipment does not automatically transfer ownership of that equipment to the Provider.

9.2 Continuing charges

Secure Storage and other applicable charges continue to accrue while Uncollected Equipment remains in the Provider's custody.

Such charges may form part of the secured obligations to the extent permitted by law.

9.3 Enforcement notice

Where secured obligations have become due and remain unpaid, the Provider may enforce its pledge in accordance with applicable Hungarian law.

Before any out-of-court sale of Customer Equipment, the Provider shall provide all prior written notices required by applicable law.

The Provider may additionally send a final collection or payment notice identifying the equipment, the amount due and the consequences of continued non-payment or non-collection.

Any additional collection or payment notice does not replace a statutory enforcement notice where such notice is required by law.

9.4 Sale where permitted

Where 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 notice period.

The sale shall be conducted in a commercially reasonable manner and otherwise in accordance with applicable law.

Depending on the type and value of the equipment, this may include sale through:

  • a specialist IT-equipment purchaser;
  • a used-equipment dealer;
  • an online marketplace;
  • competitive quotations;
  • public auction; or
  • another commercially reasonable sales channel.

9.5 Consumer Customers

Where the Customer acts as a consumer, out-of-court enforcement against Customer Equipment shall occur only where the requirements of applicable Hungarian law have been satisfied.

Where applicable law requires a written agreement concerning the method of sale after the enforcement right has arisen, this Agreement itself does not constitute that later agreement.

If the Customer cannot be contacted or the legally required agreement cannot be obtained, the Provider may pursue judicial enforcement or another legally available procedure.

9.6 No automatic forfeiture

Customer Equipment does not automatically become property of the Provider because:

  • payment is overdue;
  • the Service has expired;
  • the equipment has been disconnected;
  • the Customer has failed to collect it;
  • storage charges have exceeded the equipment's value; or
  • any particular period of time has passed.

9.7 Acquisition by the Provider

Following default, the Provider may acquire Customer Equipment itself only through a method permitted by applicable law.

This may include:

a. a lawful post-default written agreement with the Customer under which the equipment is transferred in full or partial satisfaction of the secured debt;

b. acquisition through a sale where the Provider is legally permitted to participate as purchaser; or

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 own property.

9.8 Data-bearing media before transfer

Before 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 information:

  • securely erase data-bearing media;
  • remove data-bearing media from the equipment; or
  • arrange secure destruction of data-bearing media where reliable erasure is not reasonably practicable.

Such processing is for protection of stored information and does not authorize the Provider to use or examine Customer content for unrelated purposes.

Reasonable sanitization or media-removal costs may be treated as enforcement or handling costs to the extent permitted by law.

9.9 Costs and sale proceeds

Reasonable 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 by law.

Remaining proceeds shall then be applied to the Provider's secured claim and any other claims according to their lawful priority.

Any surplus remaining after satisfaction of lawful claims and costs belongs to the Customer or another person legally entitled to it.

9.10 Accounting

Where required by law, the Provider shall prepare the required written accounting following enforcement and maintain appropriate records of the enforcement process.

9.11 Low-value equipment

Where Customer Equipment has little or no economically reasonable resale value, this does not by itself transfer ownership to the Provider.

The Provider may use a commercially reasonable recycling, scrap or disposal channel only after obtaining the authority required by applicable law.

10. DEATH, DISSOLUTION, LIQUIDATION AND LOSS OF CONTACT

10.1 No duty to identify successors

If 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 other successors.

10.2 Claiming equipment

A person requesting Customer Equipment in such circumstances must provide documentation reasonably sufficient to establish their legal entitlement or authority.

Depending on the circumstances, this may include:

  • final inheritance or probate documentation;
  • documentation establishing appointment as executor or administrator;
  • appointment as liquidator;
  • corporate registry documentation;
  • court documentation; or
  • other official evidence establishing entitlement.

10.3 Retention pending documentation

Until satisfactory entitlement is established, the Provider may refuse release of Customer Equipment.

Secure Storage and other applicable charges may continue to accrue during that period to the extent permitted by law.

The Provider is not responsible for delays caused by an heir, estate, liquidator or other claimant failing to produce the required documents.

11. DATA, BACKUPS AND CONTRACTUAL PERFORMANCE

11.1 Backups

The Customer remains responsible for maintaining appropriate backups of data stored on Customer Equipment.

Colocation and Secure Storage do not include backup, data recovery or preservation of data unless separately agreed.

Inspection, disconnection, removal or Secure Storage of Customer Equipment does not create any representation that data stored on the equipment will remain recoverable.

11.2 Data protection

Data protection and processing obligations otherwise remain governed by the GTCs, Privacy Policy and applicable law.

11.3 Exercise of contractual rights

The 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 the GTCs.

This Section does not exclude liability for loss or damage where the Provider is liable under mandatory law or the applicable provisions of the GTCs.

12. GENERAL PROVISIONS

12.1 Matters governed by the GTCs

Payment 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 provides otherwise.

12.2 Mandatory law

If any provision of this Agreement conflicts with mandatory Hungarian or European Union law, mandatory law prevails to the necessary extent without affecting the remaining provisions.

If 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 of ownership.

12.3 Amendments

This Agreement and its tariffs may be amended in accordance with the applicable amendment provisions of this Agreement, the GTCs and mandatory law.

No amendment shall apply retroactively unless expressly agreed by the Customer or required by law.

Where 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 been satisfied.

12.4 Separate information and express acceptance

Where 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 such provisions.

In particular, the Provider may require separate express acknowledgment of:

  • the possessory pledge under Section 8;
  • the standard EUR 10,000 maximum secured amount;
  • the Remote Hands charge applicable to equipment removal and return handling;
  • the Secure Storage tariff; and
  • postal, courier, freight and transportation costs associated with return of Customer Equipment.

12.5 Relationship with the GTCs

This 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.