Incorporation
This SOW is governed under the terms of our Master Service Agreement located at www.kgroupcompanies.com/Master-Service-Agreement ("MSA"). By accepting this SOW, you accept the terms of the MSA. If you cannot access the MSA or do not agree with MSA, then do not sign this SOW and, instead, please contact us for more information. Only those services expressly listed in this SOW will be provided to you, and any other services, if required or requested, are out-of-scope and will require a separate SOW or amendment to this SOW.
Additional Terms
This SOW covers all requirements and/or fees that are reasonably known to K-Data Systems as of the date of this SOW. In the event that additional materials or services ("Additional Items") are needed for the successful implementation of the Services and the requirement of Additional Items were not known to K-Data Systems as of the date of this SOW, then K-Data Systems will acquire such Additional Items and invoice you for the cost of the Additional Items (services will be billed on a time and materials basis). You agree to pay the cost of all Additional Items, subject only to K-Data Systems' providing you with a written description of why the Additional Items were necessary. Additional Items will not exceed five percent (5%) of the total price indicated in this SOW without your prior written consent.
Any and all ongoing services are for one (1) year, starting on the date of this approval. Upon the expiration of the initial term, the Services will continue on a year-to-year basis unless one party notifies the other part of intention to not renew the services no less than sixty (60) days before the end of the then-current term.
Increases
In addition, we reserve the right to increase our rates, product costs, and recurring fees; provided, however, if a recurring Managed Web Services fee increase is more than five percent (5%) of the fees charged for the Services in the prior calendar year, then you will be provided with a sixty (60) day opportunity to terminate the services by providing us with written notice of termination. You will be responsible for the payment of all fees that accrue up to the termination date and all pre-approved, non-mitigatable expenses that we incurred in our provision of the Services through the date of termination. Your continued acceptance or use of the Services after this sixty (60) day period will indicate your acceptance of the increased fees.