Last updated on March 6th, 2020 at 12:39 pm
Guide to the Jonathan Lea Network Agile Development Statement of Work
This guide aims to set out how to correctly fill-out the agile development statement of work template and explain all significant provisions so as to allow you to put into effect a valid and legally binding statement of work contract.
Clause 1 (General)
Clause 1 confirms that the client agrees to engage the developer to perform the relevant services and deliver the work products in accordance with the terms under Annex 1, as well as the main terms and conditions agreed to in the main agreement between the parties.
Clause 2 (Services and Work Products)
Clause 2 is self-explanatory and relates to the developer providing the services and work products in accordance with certain criteria and milestones as described in Annex 1.
Clause 3 (Charges)
Clause 3 relates to the charges that the client owes to the developer in consideration for the supply of services and work products.
Clauses 4-5 (Boilerplate clauses)
Clauses 4-5 are called “boilerplate” clauses. These kinds of provisions are repeated in all kinds of contracts and are responsible for regulating the operation of the contract.
Boilerplate clauses are often standard, and most are not typically heavily negotiated. They are nevertheless important as many contractual disputes depend on the drafting of boilerplate clauses such as entire agreement clauses.
All of the boilerplate clauses contained within this template use standard wording and are drafted as they would be for most agreements.
Annex 1, section 1 (Scope summary)
This section includes details on the project name, its purpose, key objectives, the description of the services the developer will provide, how the team will be structured and the services each member of the team will provide as well as specific milestones and the criteria for work products to be accepted by the client.
Annex 1, section 2 (Detailed Scope)
This section includes details on the countries with which the developer will be performing the services and delivering the work products in, the detailed list of services the developer will be providing (including a list of work products to be delivered by the developer). There is also a sub-section highlighting the areas that the developer shall not be responsible for.
Annex 1, section 3 (Charges and Payment)
This section provides the charges for the services and work products that the developer provides at each milestone, as well as providing the daily rates of the personnel involved and a maximum budget (if required).
Annex 1, section 4 (Personnel)
This section states that any personnel of the developer involved in providing services to the client shall not be considered employees of the client, as they remain under the control of the developer.
Annex 1, section 5 (Developer Locations)
This section lists the locations where the developer will be providing their services.
Annex 1, section 6 (The Client Dependencies)
This section lists any key dependencies which may affect the services or work products provided by the developer.
Annex 1, section 7 (Tools, Equipment, Methodologies and Third Party Software)
This section lists the tools, equipment, methodologies and third party software the developer will use to provide the services and work products under the SOW.
Where your input is required on the template
By way of summary, you will need to insert or amend the following information:
- The SOW number;
- The date of the agreement;
- The name of the client and developer;
- The address of the client and developer;
- The date of the main agreement between the client and developer; and
- Clause 1.3 – the date the SOW commences on.
- Clause 3 – Amend Clause 5 to the relevant clause number.
Page 3 (Execution Page)
- The name of the developer and the authorised signatory;
- The name of the client and the authorised signatory;
- The witness’s name, address and occupation; and
- Signatures of both witness’s and authorised signatories on behalf of the client and the developer.
- Section 1.1 – The project name / description, purpose and target market; and
- Section 1.2 – Remove / amend / add key objectives and the services description.
- Section 1.2
- provide the relevant number of business days for the preparation for each story at each sprint;
- remove / amend / add a summary of the scope of services being provided; and
- provide the relevant milestones and the planned dates of completion of each milestone.
- Section 1.2
- provide the relevant number of business days to review the work products and milestones; and
- insert the acceptance criteria including the process area, relevant activities to test acceptance, the owner and timing of test;
- Section 2.1 – insert the country to which the services and work products relate to; and
- Section 2.2 – insert, amend or remove the detailed scope of services to be provided by the developer.
- Section 2.2 – insert, amend or remove the detailed scope of services to be provided by the developer; and
- Section 2.2 – insert, amend or remove the detailed scope of the work products to be provided by the developer, including timelines of when they will be delivered and their purposes;
- Section 2.2 – insert, amend or remove the items which are not expected to be delivered or performed by the developer under the SOW and agreement; and
- Section 3.2 – insert details of milestones, the date to be completed by and the amount to be paid to the developer at each milestone.
- Section 3.2(b) – insert the relevant number of hours that apply to the day rate for the personnel of the developer; and
- Section 3.2(c) – insert the maximum budget for the total cost of the SOW as well as the name of the developer, personnel involved and their day rates in the table below.
- Section 5.1 – insert the developer delivery locations to which the services relate; and
- Section 6.1 – insert the key client dependencies including any service or work product that may be affected.
- Section 7.1 – insert, amend or remove the methodologies, tools, equipment and third party software to be used by the developer when providing the services and work products.