This Agreement will remain in effect for one year unless terminated or canceled as provided herein. Thereafter the Agreement shall automatically renew on an annual basis with a 5% increase in monthly cost (which would be in addition to any other increases or decreases during the year, see possible adjustments as described in section fourteen (14) hereof for successive one (1) year periods unless either party gives notice of its intent not to renew at least sixty (60) days prior to the renewal date).
11. Termination Without Cause
This Agreement and any work assignment in progress may be terminated by Client without cause prior to the expiration of the term (or any extensions or renewals thereof) provided, Client first does all of the following: (a) provides written notice to Amnet of the request to cancel services stating the effective date of the termination, (b) pays an early termination fee equal to three (3) months of service, and (c) pays any and all outstanding balances for services through the effective date of the termination. Client understands that upon an early termination of this Agreement Amnet reserves the right to stop all work immediately after the effective date of the termination.
This Agreement may be terminated by mutual agreement of both Parties at any time without the payment to Amnet of an early termination fee
12.1. Failure to meet SLA
This Agreement may be terminated by Client upon sixty (60) days written notice if Amnet: (i) fails to fulfill the Service Level Agreement described in Schedule A and does not cure such failure within thirty (30) days of receipt of such written notice; (ii) breaches any material term or condition of this Agreement and does not remedy such failure within thirty (30) days of receipt of such written notice. Termination pursuant to this paragraph does not require the payment of an early termination fee.
12.2. Unauthorized Administrative Access
If during the term of this Agreement an individual or company other than Amnet or its agents is given administrative access to the computer network covered under this Agreement, Amnet reserves the right to terminate this Agreement. The Client will be liable for an early termination fee equal to three (3) months of service.
This Agreement will terminate automatically in the event that: (a) a receiver is appointed for Amnet or Client or its property; (b) Amnet or Client makes an assignment for the benefit of its creditors; (c) any proceedings are commenced by, for, or against Amnet or Client under any bankruptcy,insolvency, or debtor’s relief law for the purpose of seeking a reorganization of Client’s debts, and such proceeding are not dismissed within sixty (60) calendar days of its commencement; or (d)Client is liquidated or dissolved. No early termination fee is required hereunder.
12.4. Termination in Accordance with Section Fourteen (14)
Amnet will have the right to terminate this Agreement in accordance with Sections Fourteen or Fifteen.
13. Payment of Charges
Monthly payments will be invoiced in advance each month with payment due Net15.
14. Monthly Fee
The monthly fee pursuant to this Agreement is premised upon many contributing factors existing at the commencement of services including but not limited to total devices supported, number of Client’s employees, number of Client’s email accounts, and total hours of support. As these variables increase or decrease in size there will be a commensurate increase or decrease in time, materials, storage space, and labor and therefore an increase or decrease in the monthly fee will become necessary. Such increases or decreases attributed to these variables will be implemented automatically and without the need for additional documentation. Significant changes may require, solely at Amnet’s discretion, a signed change order or other appropriate amendment to this Agreement.
If the Client defaults or is more than 15 days late in making payments, Amnet will add a monthly finance charge computed at 21% APR to all balances that are outstanding. If full payment has not been received after forty five (45) days, Amnet may suspend service at its discretion until outstanding payments are received. After ninety (90) days, Amnet will forward all remaining outstanding fees for services and goods to an outside agency for collection and terminate this Agreement. The Client will be liable for an early termination fee equal to three (3) months of service.
In any legal action or arbitration to enforce this Agreement, the prevailing party shall recover its costs of the action or arbitration, together with its attorney’s fees