Colocation Agreement

The customer agrees to pay all activation fees and other expenses indicated in Order form that will collectively be called "Service fees"
Pars Data will not initialize the installation and the service prior of receiving activation fees.
In case of delay in payments If Pars Data in its own judgment, believes that the customer is unable to reimburse the expenses, Pars Data has the right to block services and equipments.
The customer has the right to renew this agreement for subsequent terms. Each term will start the day after termination of preceding term. The payment base will be based on previous term but it might be increase. The new term agreement will include all agreement in preceding term. The Customer should inform Pars Data of its renewal options, 10 day prior to the end of its current term.
None of the parties have the right to change the content, date or any other element is this agreement based on the request of the other party.
Pars Data grant you the right to manage all of your products and equipment in the premises. Colocation premises are delivered "as is" and you shall use this premises for Management or operating of your equipment for services or supporting your services and links. A customer will be able to install Colocation equipment after obtaining necessary permissions from Pars Data. The customer is responsible for transport, packing and unpacking its equipments.
Access to Colocation premises is allowed only with a 48-hour notice. No one can enter Colocation premises under no circumstances without Pars Data Explicit confirmation.
For removing equipment, change or service of one or more equipment piece, the customer should inform Pars Data by a written notification, after receiving the request the finance department will verify if the customer had no due payments Upon Accounting department confirmation, The customer has the right to move, relocate or change the equipment.
Saturday to Wednesday, is set as working hours unless another time is set.
At the request of customer, Pars Data may assist customer in performing light duties or correcting light issue such as:
- Rebooting or resetting the system / equipment by pressing reset or other readily accessible button.
- Reconfigure of non-restricted and readily accessible cables with push-on type connectors.
- Working cooperatively with customer and/or third party entity to locate and correct circuit and connection problems.
- Other tasks as specifically authorized by customer.
Pars Data shall nor arbitrarily or capriciously require customer to relocate customer equipments, but in case of emergencies, Pars Data expects the customer to relocate its equipments, provided that the site of relocation shall afford comparable environmental conditions for the customer equipment and comparable accessibility to the customer equipment. In such Event, Pars Data will cover all expenses.
Pars Data will not guarantee security of your equipment in Colocation premises. Only individuals identify as the customer representatives and their companions are authorized to access the site. Only the customer representative has the right to ask any service or other support services from Pars Data For Good cause, Pars Data may suspend the right of any customer representative or other person to visit the site.
Under no circumstances may the customer handover the service provided in this agreement to third party individuals without written agreement of Pars Data.
Customer, in all steps of using the services, shall obey the law of the country. If a misuse of services be found by Pars Data within its own judgment, the customer will be asked to cooperate with Governmental inspectors and officers alongside Pars Data and be very responsive. And fix the issues that make this problem. In case the customer did not apply, it will be considered as breach of contract granting Pars Data to suspend the service.
In no circumstances Pars Data may be liable to customer, any customer representative or any third party for any claims arising out or related to customer's business, customer's customers or clients, customer representative's activities in Pars Data or otherwise . Or for any lost revenue, loss profits, replacement goods, loss of technology, rights or services, incidental, punitive, indirect, or consequential of such damages, whether under theory of contract, tort (including negligence) of Pars Data.
In no circumstances, Pars Data may be liable for any defamation, scandal, propagation of violence, violation of the rights of privacy of publicity, intellectual property rights, libel, obscenity, pornography any illegal activities, or actives against the anti-spam laws or any damage to Colocation premises, Pars Data equipments or any other damages regarding Pars Data and Pars Data Clients. Pars Data Reserve its right to defend itself through legal steps.
The Customer understand and agrees that certain payments have been made to Pars Data is based on responsibility limitations. Both parties agree that this limitation continues even though this contract may not be in effect anymore.
If the customer is in breach of this agreement, Pars Data may:
- Discontinue all services to Customer.
- Remove Customer equipment from Colocation space place is in storage at customer's expenses.
- Order the Customer to pay all amounts due to the date that equipment was removed and order the customer to buy out the remaining term of the agreement to hand over the equipment.
Customer may not cancel the contract prior to termination of the agreement term.
Except for the obligation to pay money, neither part will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or failure of internet.
Pars Data reserves the right to include Customer in a list of Pars Data customers during term that customer uses Pars Data services.
Neither party may assign its rights or delegate its duties under this Agreement to third parties without prior written consent of the other party. Any attempted assignment or delegation without such consent will be void.
Except to a party that acquires substantially all of the assigning party's assets or a majority of its stock as part of corporate merger or acquisition.
The parties agree to submit any and all disputes concerning this Agreement, if not resolves between the parties, to a neutral, independent arbitral. In case of disagreement, Country law will have jurisdiction. The arbitral may not vary, modify or disregard any of the provisions contained in the agreement.
Customer agrees and understands that they have not changed, altered or removed any part of this agreement prior sending it to Pars Data for signature. Pars Data have not altered any part of this agreement.
According to this agreement, Both parties represent and warrant that they have full corporate power and authority to execute and deliver this agreement and to perform their obligation and that the person whose signature appears above is duly authorized to do such.
Should any terms of this agreement be declared void or unenforceable by any arbitrator or court, such term will be amended to achieve as nearly as possible the same economic effect and to be consensual.
In case of conflict between Customer's purchase order form and this agreement, this Agreement shall take precedence.
In case of International or state law conflict with this agreement, this Agreement will be of reference.
This Agreement is placed under the subject solely to the terms and conditions of this Agreement executed between Pars Data and the Customer
Provided Internet bandwidth is 1MB/s.
In case the customer needed more bandwidth, the cost for every 1MB/s would be 3,000,000 IRR monthly. This amount is variable and may change, increase or decrease.