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<br />Kajeet Services Agreement
<br />N-2023-044
<br />This d�c�rknIN Cpgt�air�s rttr rrl (Sll@greement between Kajeet Inc. a corporation organized under the laws of Delaware, with offices located at 7901
<br />Branch rve, J 5 , McLean, VA 22012 ("Kajeet") and the City of Santa Ana, organized under the laws of CA, (the "Customer"), with offices located at 20 Civic
<br />Center Plaza, Santa Ana, CA. Kajeet and Customer (the "Parties") desire to enter into a legally binding contract (the "Agreement") consisting of the provisions
<br />fah below. Each of the Parties represents that it is in good standing, and it has the power to enter and perform this Agreement.
<br />Program: O Public Sector Access Data Plan: Enterprise Custom
<br />FEB
<br />Start Date: f 2 2023 3 1 2023 Term: 12.0 mos
<br />Term The initial term of this Agreement commences on the selected date(s) and expires after the selected term length of service contingent upon receipt of
<br />a purchase order, unless terminated, extended, or altered, by either of the Parties.
<br />Termination by Customer If for any reason Customer is dissatisfied with the level of service, Customer may terminate this agreement and if after notifying
<br />Kajeet, Kajeet fails to bring the level of service up to Customers expectations within 30 days of such notification.
<br />Termination by Kaieet Kajeet may terminate this Agreement after the initial term if Customer has no active service with Kajeet for a period of 180 days
<br />and, if after notifying Customer, Customer does not activate any devices within 30 days of such notification.
<br />Effects of Termination In the event of termination, Kajeet will remove Customer's account and remaining balances from Kajeet'ssystems and Customer will
<br />return any Kajeet-Owned equipment to Kajeet within 30 days of termination. Purchased devices and services are nonrefundable.
<br />Term Extension or Alteration by Customer Customer may extend or alter the term of the contract after the initial term by submitting a purchase order
<br />with term extension or alteration details, or authorizing an amendment to this agreement extending the term, or authorizing a new services agreement.
<br />Purchase Orders Customer may submit one (1) or more purchase orders at any time to request purchase of Kajeet devices and/or services. Such purchase
<br />order(s) will be considered binding upon Customer when submitted and binding upon Kajeet when accepted. Kajeet will indicate acceptance of such
<br />purchase orders) by written notice and/or by invoicing customer against such purchase order(s).
<br />Compensation Customer agrees to pay and Kajeet agrees to accept the amounts listed in quote Number Q# 202206-035961, incorporated herein by
<br />reference. The total amount for this agreement shall not exceed $4,152.99. This amount includes a contingency amount of $1,500 for additional services at
<br />the sole discretion of Customer.
<br />Payment Terms Payments by Customer under this Agreement will be due when stated in each fully accepted purchase order or, if the purchase order does
<br />not state when particular payments are due, those payments will be due within thirty (30) days of Kajeet invoice.
<br />Late Payments If Customer fails to make any payment when due, Kajeet will have the right, without prejudice to any other remedies it may have, to charge
<br />an additional fee equal to one -and -one-half percent (1.5%) of the overdue amount for each full or partial month that the amount remains unpaid.
<br />Kajeet Complete'" Essentials Plan This service is intended for educational use only and Customer agrees to adhere to Kajeet standard CIPA-compliant and
<br />education content filters, time -of -day access settings, and that each device will be used by no more than one user at any given time. In the event Kajeet
<br />detects bandwidth consumption inconsistent with single -user educational use, Kajeet may temporarily reduce or restrict services while conducting further
<br />review. The Complete Essentials Plan has a 500MB per day data consumption limit. Video may stream at 480p. YouTube® access is blocked by default.
<br />Customers on the Complete Essentials Plan can purchase an optional add -on service to gain access to YouTube. If the Customer selects to have open access
<br />to YouTube services, Customer indemnifies and holds Kajeet harmless from any inappropriate content viewed by the end -user on YouTube.
<br />Kaieet Unlimited Plans The Student Unlimited, Home Unlimited, and SmartBus Unlimited Plans are intended for educational use only and Customer agrees
<br />to adhere to Kajeet standard CIPA-compliant and education content filters, and time -of -day access settings. The Student Unlimited Plan may be used by no
<br />more than one user at any given time. The Home Unlimited Plan may only be used by students in the same household. The SmartBus Unlimited Plan is only
<br />intended to provide Wi-Fi for bus riders. In the event Kajeet detects bandwidth consumption inconsistent with plan terms, Kajeet maytemporarily reduce or
<br />restrict services during review. Video may stream at 480p. YouTube® access is blocked by default. Customers on Kajeet Unlimited Plans may request open
<br />access to YouTube at no additional charge. If the Customer selects to have open access to YouTube services, Customer indemnifies and holds Kajeet harmless
<br />from any Inappropriate content viewed by the end -user on YouTube.
<br />Kaieet Custom" Plans Kajeet default filters, policy controls, and time -of -day settings can be altered to fit the customer's specific use case. Any alterations
<br />to Kajeet default controls may result in higher than anticipated data usage. All data purchased is pooled on the customer account at the start of the
<br />agreement term. Data may be shared among all devices on the account. During the active agreement term, un-used data rolls -over to the next month. At the
<br />end of the service term, unused data expires. Unused data cannot be returned for a refund or credit. A new pool of shared, roll-over data must be purchased
<br />for the subsequent service term.
<br />Device Warranties and Non -Return Policy Kajeet warrants that devices sold to Customer will be free from defects in materials and workmanship for a
<br />period of one (1) year after shipment by Kajeet. At its option, Kajeet will either repair or replace any device failing to meet this warranty if Customer notifies
<br />Kajeet of the defect before the warranty period expires. Customer acknowledges that replacements maybe new or refurbished. Customer agrees to obtain
<br />return authorization from Kajeet prior to returning a device and to bear the cost of shipping the device to Kajeet and to bear the risk of loss during transit.
<br />Customer agrees that Kajeet will have no warranty obligations due to defects resulting from (i) ordinary wear and tear; (ii) modifications or repairs made by
<br />anyone other than Kajeet or its authorized service technicians; and/or (iii) accident or abuse. All sales of Customer purchased devices are final and cannot be
<br />returned for a refund. Chromebook, laptop, or tablet warranty and service issues are honored and handled via the manufacturer and not directly by Kajeet.
<br />Applicable Law The Parties intend that the laws of the State of Customer should be used to interpret and enforce this Agreement.
<br />Kajeet, Inc. Service Agreement v.2021.10.20
<br />7901 Jones Branch Drive, Suite 350, McLean, VA 22102 (240) 482-3500 www.ka ieet com education@kajeet.mm
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