Common use of Services Pricing Clause in Contracts

Services Pricing. a) During the Term (as defined below), DOTCOM shall provide the fulfillment services (the “Services”) set forth on Exhibit A Statement of Work (SOW), which is made a part hereof. The parties acknowledge and agree that the fulfillment services and corresponding rates set forth in the SOW are predicated upon certain information and assumptions provided by MILK MAKEUP to DOTCOM. The information and assumptions are included in the SOW and are identified in the Key Assumptions section. Mutually agreed Service Levels and pricing is also incorporated in the SOW. b) From time to time during the Term, MILK MAKEUP may request that DOTCOM provide additional Services. There may also be material changes in MILK MAKEUP’S business, which impacts products warehoused at DOTCOM, order characteristics, packaging requirements, order volume or other key assumptions. In the event of material changes to the services and assumptions outlined in the SOW or a request for new services to be provided, an SOW Change Order will be prepared outlining changes of scope of service and the associated adjustments in cost, when applicable. Any such request for additional Services shall be in writing. DOTCOM reserves the right to accept or decline the request to provide the additional Services for any reason, provided that DOTCOM shall in good faith give any such request due and fair consideration. In the event DOTCOM agrees to provide the additional Services at a price agreeable to MILK MAKEUP, then the parties shall prepare the SOW Change Order for the purpose of amending the SOW.