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Our Statement of Work for Fixed Cost projects.

Statement of Work for Fixed Cost Projects

I. Introduction

This Statement of Work (“SOW”) dated (“Effective Date”) is made part of the Master Service Agreement executed between (“Client”) and Wednesday Solutions (“Wednesday”) dated <<Date>>.

In the event of a conflict between the terms and conditions of the Agreement and the terms of this SOW, the terms of this SOW shall control only for the purposes of setting forth the Services performed herein.

All capitalized terms used herein without definition shall have the meanings assigned to them in the Agreement; all capitalized terms defined herein shall have the meaning set forth in this SOW.

II. Terms and Conditions

Parties agree to the following terms herein;

1. Name of the Project

<<NAME>>

2. Duration:

<<Duration>>

3. Scope of Work/Services and Deliverables:

  • Scope of Work/Services: For consideration of the Fees as specified below, Wednesday agrees to provide Services to Client as per Annexure B of this Statement of Work.
  • Deliverables: The milestone delivery schedule (as mutually agreed between the parties) for the Services shall be as follows:
Milestone Number Brief Description of Milestone Deliverable(s) Timeline of Milestone Deliverables from the Effective Date
  • Leaves: Client agrees that Personnel performing Services or while delivering Deliverables under this SOW are eligible for leaves/holidays as mentioned here.

4. Obligations of parties

  • Client’s Obligations:
  1. The Client agrees that they would be having a dedicated Point of Contact (POC) available for regular feedback on the progress of deliverables under this SOW and query resolution (“sync-up”).
  2. Timely Feedback: Wednesday will be scheduling regular and timely sync-ups with Client POC to ensure that they receive timely feedback and share note-worthy updates with the Client.
  3. In case there is a delay in feedback from the Client which leads to a delay in agreed-upon Milestones the same would have additional commercial implications on an hourly model.
  4. The Client agrees that if the feedback for a sync-up or certain communication is not provided within 2 calendar days; Wednesday shall deem the communication approved and agreed upon and work on the same to that effect.
  • Wednesday’s Obligations:
  1. Wednesday will be scheduling regular and timely sync-ups with Client POC to ensure that they receive timely feedback and share note-worthy updates with the Client.
  2. Wednesday will stick to the scope of work as per Annexure B.
  3. Wednesday will seek appropriate approvals from the Client on a need basis.

5. Assumptions

Wednesday shall deem the communications/ requests- approved and agreed upon in case the approvals and feedback from the Client are not provided within 2 calendar days from the date of attempted communication basis which Wednesday will work on the same to that effect.

6. Exclusion

  • Wednesday will not provide code-level documentation as a part of services in this SOW.
  • Wednesday will not be providing any training for the utility of deliverables once they have been submitted to the Client.
  • Support Services are not a part of the scope of this SOW and will be charged in addition to the Fees mentioned in section 8.

7. Acceptance Criteria and Process:

  • Acceptance Criteria:
  1. The Acceptance Criteria defined in section 7 and Annexure B of this SOW will govern the services and deliverables rendered by Wednesday.
  2. Additionally, in case Client requests a change in the acceptance criteria the same would be given effect only after mutual discussion between the parties in a Change Order.
  3. The Change Order would have additional fees applicable on an hourly basis and have a revised milestone timeline as agreed and accepted in writing.
  • Approval Process:
  1. The approval and acceptance of the services and deliverables as per section 7 of this SOW and Annexure B would be deemed to be accepted unless the Client shares any feedback of the applicable delivery made on a specific milestone within 7 calendar days of said delivery by Wednesday.
  2. After a milestone is delivered. The Client can share feedback within 7 days of the delivery of the milestone. Wednesday will incorporate the changes requested only if the changes can be done by one resource within a 7-day timeframe of the delivery of the milestone. If the changes requested need more time the same will be charged on an hourly model.
  3. In case the Client feedback is delayed (not within 7 calendar days) the same would be charged at an additional fee on an hourly basis which would be given effect by virtue of a Change Request.

8. Fees:

For the performance of Services by Wednesday under this SOW, Client shall pay __________ (US$/INR) (__________) to Wednesday.

Invoices shall be raised as per the timelines specified in the table below:

Milestone No. Invoicing Amount (US$/INR) Acceptance Criteria of Milestone
  • Fees specified in the table above are exclusive of applicable taxes and shall be charged extra, as per the terms of the Agreement.
  • Payments under this SOW shall be made as per the payment schedule above as per the following terms:
  1. The payment should be made in the name of “Wednesday Solutions” payable at _____. Wednesday shall raise invoices to the client as per the defined schedule above. All fees are payable to Wednesday within seven (7) days from the date of receipt of invoice or expense report by Client.
  2. The fees stated in the SOW are exclusive of all applicable taxes. The client shall be responsible for the payment of all applicable taxes including but not limited to sales, service, use, and export taxes.
  3. Wednesday reserves the right to charge an interest of 1.5% per month in case the client fails to make payments within the aforesaid due date. In addition to other remedies available to Wednesday, in case of non-payment of fees by the Client under this Agreement, Wednesday shall be relieved of its obligations under this SOW and the Agreement.
  4. Wednesday would have the right to Stop Work hereunder upon non-payment of invoices or expense reports within 20 calendar days from the date of invoice/expense report.
  5. In the event of a breach of payment terms by Client; Wednesday shall be entitled to withhold the Work product and all rights therein until receipt of payment from the Client.

9. Expenses:

  • Travel: Travel Expenses if any would be invoiced to the Client at actuals
  • Hardware and Software:
  1. During the development of the project, Wednesday will be using third-party SAAS solutions, Cloud service providers, and other tools.
  2. Wednesday will invoice the cost for the software licenses and tools utilized in the deliverables to the Client at actuals. Wednesday will not bear the cost of any of these tools.
  3. In case the Client has pre-existing software licenses that would be required for rendering services under this SOW, the client agrees to share the login credentials to the licenses with Wednesday Personnel. Wednesday will request the client to procure paid software licenses required for the services to be rendered under this SOW and share the credentials with Wednesday Delivery Team or Personnel.
  4. The client must ensure these licenses are to be provided in a timely fashion to avoid delays in services.

10. Work Location:

Pune, Maharashtra

11. Additional Terms:

Not Applicable

12. Change Request:

No terms of this SOW or Annexures in this SOW will be modified or amended, except by, execution of the change order in the format attached as Annexure A. Any mutually agreed and executed change requests will have a commercial impact on the fees on an hourly basis as it will not form a part of the fixed price project**.**

13. Hourly Rates:

Any change to the aforementioned scope of services and changes as per clause 7 of this SOW will have the following hourly rates applicable:

<<Rates>>

For Client For Wednesday
Name Name
Designation Designation
Date Date
Place Place