# Professional Services Additional Terms & Conditions

The following are additional terms and conditions for Kong Professional Services. The Professional Services may be described in a data sheet or Order Form. These terms and conditions are governed by the Kong Customer Agreement or other master agreement for the purchase of subscriptions to Kong Products or Kong Professional Services entered into by Customer or an Affiliate of Customer (“**Agreement**”). Capitalized terms used but not defined in this document have the meaning given them in the Agreement.

**1. Professional Services Description and Target Deliveries**. If the Customer has purchased a PS Fixed Package (a packaged set of Professional Services designed to deliver an intended outcome and set of deliverables for the Customer), the Professional Services and associated deliverables or outcomes, if applicable, to be delivered by Kong to Customer, as well as the expected timeline for delivery, are set out in the applicable data sheet. If the Customer has purchased Professional Services on a time and materials basis, then the Professional Services to be delivered will be the hours of purchased time of Kong Professional Services staff.

**2. Period of Performance**. Kong’s obligation to deliver the Professional Services will expire upon the earlier of (a) delivery of the set of deliverables or contracted hours of Professional Services, and (b) the date one year after the effective date of the Order Form under which the Professional Services were purchased.

**3. Scheduling**. Kong will assign personnel for delivery of the project assignment promptly after Customer confirmation of intended schedule. Scheduling may require up to a 3-week lead time.

**4. Work Locations**. Professional Services will be performed remotely unless Kong and Customer agree it is best to be on site with Customer personnel. Travel is subject to Section 12 (Expenses).

**5. Working Hours**. Kong’s Professional Services staff work a professional 5-day week, Monday to Friday between the hours of 8:00AM and 6:00PM (based on the location of the staff member), not exceeding 40 hours in any one week, unless previously agreed in writing between Kong and Customer or as otherwise permitted by applicable law. Professional Services are consumable in minimum blocks of 4 hours.

**6. Deliverables**. Deliverables are deemed accepted on delivery by Kong. Kong provides the Professional Services warranty in the Agreement (including reworking of deliverables, if applicable) as the Customer’s remedy in the case of Customer dissatisfaction with Kong’s delivery of Professional Services.

**7. Customer Dependencies**. Timely access by Kong Professional Services staff to required documentation, environments, personnel, and accurate information is a material dependency for performance. The Customer will provide cooperation and assistance reasonably requested by Kong, including timely access to systems, information, documentation, and personnel, and will allocate appropriate resources necessary for the performance of the engagement. Any delay, inaccuracy, or failure to meet the customer prerequisites and dependencies may impact timelines and may require a mutually agreed adjustment to schedule and/or fees.

**8. Key Engagement Scope Limitations**. Unless otherwise provided in the applicable PS Fixed Package data sheet, Order Form or SOW, the following engagement scope limitations will apply:

a. Customer will be responsible for any necessary changes to or integrations with third party platforms and technologies.

b. Customer will be responsible for ensuring that any third-party systems or services under Customer’s custody or control will be available and functioning as expected.

c. Customer is responsible for the quality, accuracy and completeness of all data, specifications, and requirements provided to Kong. Kong will rely on such information without independent verification.

d. The applicable Kong Products will be deployed or implemented based on the standard capabilities and functionality of the Kong Product, with no customizations.

**9. Process for Dependency Impact or Scope Drift**. Kong will use reasonable efforts to document and notify Customer (email suffices) in writing concerning non-availability or insufficiency of a Customer dependency, or potential engagement scope drift. Upon receipt of such notice, Customer and Kong will work together to discuss and address the issue and, if applicable, execute a change order or amended or additional SOW, and if the change order or amended or additional SOW requires payment by Customer of additional fees, to execute an Order Form or amendment to the original Order Form under which the Professional Services were purchased.

**10. Project Management**. To proactively manage project risks and deliveries, designated project leads from Kong and Customer will meet periodically to review progress, identify and document potential blockers or dependencies that may impact project timelines, discuss resource availability and alignment, and address concerns.

**11. Billing and Payment**. Billing frequency and payment terms are set out in the applicable Order Form.

**12. Expenses**. Reasonable and documented pre-approved travel, food and lodging expenses incurred by Kong Professional Services staff during performance of the Professional Services will be billable to and reimbursed by Customer. Travel and expenses will be invoiced monthly in arrears. Kong Professional Services staff will comply with any reasonable Customer expense policy, if provided in advance.