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Contract Renewal - Kaseya
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Contract Renewal - Kaseya
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3/28/2025 1:01:10 PM
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7/12/2016 3:42:16 PM
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Board of Public Works
Document Type
Contracts
Document Date
7/12/2016
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card provided by you to Kaseya, all amounts due under the Agreement from time to time, including ongoing <br />Subscription and Installment and other payments, taxes, and additional fees. You agree to update your <br />payment information to keep it current at all times and agree that Kaseya may submit charges for processing <br />even if the payment information appears to have expired. All prices are given and must be paid in the <br />currency listed. <br />5.8. Taxes. Kaseya's fees are exclusive of all taxes, fees, levies, duties or similar charges arising out of or <br />relating to the Agreement, and you shall be responsible for payment of all such taxes, fees, levies, duties or <br />similar fees, excluding only taxes based solely on Kaseya's income. <br />5.9. Conversion of Trial Period Offers. Unless we notify you otherwise, if you are participating in any trial <br />period offer, you must cancel the service by the end of the trial period or you hereby authorize us to charge <br />your payment method for the Software or Service at standard rates. <br />5.10. Invoices; Errors. We may only provide you with a single invoice and we may provide it via electronic <br />means including via an online billing statement. This may be the only billing statement that we provide. If <br />you request a paper copy, we may charge you a retrieval fee. If we make an error on your invoice, we will <br />correct it promptly after you tell us and we investigate the charge. YOU MUST TELL US WITHIN <br />NINETY (90) DAYS AFTER AN ERROR FIRST APPEARS ON YOUR INVOICE (WHETHER IN <br />YOUR ONLINE BILLING STATEMENT OR IF SENT TO YOU). YOU RELEASE US FROM ALL <br />LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT YOU DO NOT <br />REPORT TO US WITHIN NINETY (90) DAYS AFTER THE ERROR FIRST APPEARS ON YOUR <br />INVOICE (WHETHER IN YOUR ONLINE BILLING STATEMENT OR IF SENT TO YOU). If you <br />do not tell us within this time, we will not be required to correct the error. We can correct billing errors at <br />any time. <br />5.11. Sale and Risk of Loss. With respect to all Software and Services, the parties acknowledge and agree that <br />the sale, passage of beneficial ownership to you, passage of risk of loss to you and all negotiations, <br />consummation of the Agreement, and payments occur where Kaseya is located. <br />6. TERM AND TERMINATION. <br />6.1. Term and Auto -Renewal. Under the Perpetual model, the Agreement and the rights granted herein shall <br />remain effective in perpetuity unless terminated as set forth in the Agreement. Under the Subscription <br />model, the initial term shall be as set forth in the Documentation. Upon the expiration of the initial term, <br />the Subscription will automatically renew for successive renewal terms equal in duration to the initial term <br />at Kaseya's then current fees. For month to month Subscriptions, either party may terminate any such <br />Subscription, effective only upon the expiration of the then current term, by notifying the other party in <br />writing at least five (5) business days prior to the expiration date of the current term. For all other <br />Subscriptions, either party may terminate any such Subscription, effective only upon the expiration of the <br />then current term, by notifying the other party in writing at least thirty (30) days prior to the expiration date <br />of the current term. With respect to each Software or Service item, the current term shall be referred to as <br />the "Term" herein. <br />6.2. Termination. In addition to the rights otherwise set forth in the Agreement and not in limitation thereof, <br />Kaseya may terminate the Agreement and the rights granted therein in whole or in part with respect to all <br />Software or Services purchased by you upon written notice in the event of your material breach of the <br />Agreement or of any of your obligations to any Kaseya entity, provided that if the breach is curable, the <br />termination shall be effective only if the breach is not cured within ten (10) days following your receipt of <br />such written notice. You may terminate the Agreement with respect to the affected Software or Service <br />upon written notice to Kaseya in the event of a material breach by Kaseya of the Agreement with respect to <br />such Software or Service, provided that if the breach is curable, the termination shall be effective only if the <br />breach is not cured within ten (10) days following Kaseya's receipt of such written notice. Any free, trial, <br />or Pre -Release Software or Services may be terminated by either party at any time with or without notice to <br />the other. Kaseya will have no responsibility to notify any third party, of any termination or suspension of <br />the Agreement, nor will Kaseya have any liability for any consequences resulting from any termination, <br />suspension or lack of notification. <br />6.3. Effect of Termination. In the event of termination, cancellation, or expiration: (a) your rights to the <br />Software or the Services shall immediately terminate; (b) under the Subscription model, your Software <br />license key may automatically terminate and stop working; (c) you shall de -install and destroy all copies of <br />Software (including any Documentation) in your possession or under your control; (d) you shall <br />
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