1. Subject matter
This Agreement governs the design, development, testing and delivery by CM Apps of the software defined in the SOW according to the Customer’s requirements (the “Software”). If a Master Services Agreement has been signed, this document serves as its Statement of Work template.
2. Scope and requirements
Functional and technical requirements, user roles, integrations, target platforms and out-of-scope items are set out in the Scope section of the SOW. The scope document is binding once approved by both parties.
Additional needs that emerge during the analysis phase are reflected in the scope, schedule and fees through a Change Request.
3. Phases and delivery schedule
The project proceeds through the phases of discovery and analysis, design, development (sprints/iterations), testing, release and hypercare. The output and estimated dates of each phase are set out in the SOW. The schedule depends on the Customer providing feedback and approvals within [5] business days.
4. Acceptance
Each deliverable is tested by the Customer within [10] business days against the acceptance criteria in the SOW. If no written and reasoned rejection is notified within this period, the deliverable is deemed accepted. Rejected items are remedied by CM Apps and resubmitted; rejection may not be based on grounds that are not consistent with the acceptance criteria.
5. Fees and payment schedule
In fixed-price projects, payment is made in stages: [30%] on signature of the agreement, [20%] on design approval, [30%] on completion of development and [20%] on final acceptance. In the time-and-materials model, actual monthly work is invoiced. The currency, tax and late payment terms are as set out in the Master Services Agreement.
6. Intellectual property and source code
Upon full payment of the fees, the economic rights in the source code, designs and documents developed specifically for the Software are assigned to the Customer under FSEK. CM Apps’ pre-existing components, frameworks and general-purpose libraries are excluded from the assignment, and the Customer is granted a perpetual, non-exclusive license to use them.
Third-party and open-source components are listed with their own licenses. The source code is delivered to the repository designated by the Customer upon final acceptance.
7. Warranty and defect remediation
For [90] days from final acceptance, defects that deviate from the specification in the SOW are remedied free of charge. Post-warranty support is provided under the Support & Maintenance Agreement.
8. Customer obligations
To provide the necessary content, data, access, licenses and third-party accounts; to designate a single authorized project owner; to carry out acceptance tests on time. The Customer is responsible for the lawfulness of the content it provides.
9. Subcontractors and team
CM Apps may use subcontractors upon notice to the Customer and is responsible for the performance of its subcontractors. During the project and for [12] months after its completion, neither party directly hires the other party’s personnel assigned to the project.
10. Termination and consequences
The Customer may end the project with [30] days’ notice; the work completed and the expenses committed up to that date are paid, and the outputs of the paid portion are delivered. In cases of material breach, bankruptcy and force majeure, the termination rules of the Master Services Agreement apply.
Annex: Statement of Work (SOW) template
1) Project name and the parties’ project owners. 2) Objective and business problem. 3) Scope: modules, user roles, integrations, platforms. 4) Out of scope. 5) Deliverables and acceptance criteria. 6) Schedule and milestones. 7) Team and working model. 8) Fees, currency and payment schedule. 9) Assumptions and Customer dependencies. 10) Third-party components and licenses. 11) Transition to maintenance and support. 12) Signatures.
