Legal
Master services agreement
Every customer signs our master services agreement (MSA) once, and an order form for each thing it buys. This is a summary in plain language. It is not the agreement, and where they differ, the signed agreement wins.
01 Structure
How the documents fit together
The MSA sets the general terms. Order forms set what you are buying, where, for how long and at what price. The service level agreement sets what we promise about availability and what we owe you if we miss it. The acceptable use policy and our site rules set how everyone behaves in the buildings. If they conflict, an order form beats the MSA for that order, and the MSA beats everything else.
02 Term
Term, renewal and price
Orders run for the term on the order form, usually 36 or 60 months, and renew for one year at a time unless either of us gives 90 days’ notice. Prices for space are fixed for the initial term. Prices for power on metered orders follow our cost of electricity, which we pass through at cost plus a published margin; we give 30 days’ notice of any change.
03 Using the space
Using the space
You may install your own equipment in your space and use it for any lawful purpose that complies with the acceptable use policy. You must keep within your contracted power, use blanking panels, label what you install, and follow the site rules. You own your equipment. We own the building, the cabinets we supply, the cabling to the meet-me rooms and everything else.
04 Access
Access and security
You decide who is on your access list, and you are responsible for the people on it. We may refuse entry to anyone who cannot prove who they are, and we will escort anyone you have not authorized in advance. We record video in every shared space, and keep it for 90 days.
05 Payment
Payment, default and abandoned equipment
We invoice monthly in advance for recurring charges and in arrears for usage and remote hands, payable within 30 days. If an invoice is more than 30 days overdue we may suspend access to your space (never power) after 10 days’ written notice.
If an account is more than 90 days overdue, or if you leave equipment behind when your agreement ends, the MSA gives us a lien on the equipment in your space. After written notice and a further 30 days, we may sell it under the lien provisions of New Jersey law and apply the proceeds to what is owed. We have done this once, in 2024, and published the notice.
06 Liability
Liability and insurance
Our liability for service failures is limited to the credits in the service level agreement. Our total liability under an order for anything else is limited to twelve months of its charges, except for injury, death, and damage we cause deliberately or through gross negligence. Neither of us is liable for the other’s lost profits or data. You must insure your own equipment and carry general liability insurance of at least $2 million per occurrence.
07 Ending
Ending an agreement
Either of us may end an order if the other materially breaches it and does not cure the breach within 30 days of notice. When an order ends, you have 30 days to remove your equipment, and we will help with remote hands at the standard rate.
08 Law
Law and disputes
The MSA is governed by the laws of the State of New Jersey. Disputes go first to a meeting between senior people on both sides, then to mediation, then to the state or federal courts sitting in Hudson County.