Project Management NetSuite Implementation

Project Management NetSuite Implementation

Project Identification

Project Overview and Objectives

This Statement of Work (SOW) describes the scope, deliverables, schedule, fees, responsibilities, and acceptance criteria for the NetSuite implementation engagement between Client and Service Provider. The objective is to implement, configure, migrate data to, and validate a NetSuite instance that supports Client's core financial and operational processes as described below.

Deliverables and Acceptance Criteria

The Provider will deliver the following items. Each deliverable requires Client acceptance in accordance with the Acceptance Criteria set forth.

Project Timeline and Milestones

Proposed project timeline below. Dates are estimates; any material change will be addressed via the Change Order Process.

Budget, Fees and Payment

Fees listed below represent the fixed-fee elements of the engagement. Any out-of-scope work will be subject to the Change Order Process described below.

Change Order Process

Any change to scope, schedule, fees, or deliverables must be documented in a Change Order and approved in writing by authorized representatives of both parties prior to commencement of changed work. Change Orders will include a description of the change, impact on fees and schedule, and revised acceptance criteria.

Assumptions and Dependencies

Responsibilities

Acceptance Testing and Sign-off

Client will execute acceptance tests for each deliverable in accordance with the Acceptance Criteria. Provider will remedy defects identified during acceptance testing at no additional fee where such defects result from Provider work. Final acceptance occurs upon written sign-off by Client or deemed acceptance after ten (10) business days of submission if no material defects are reported in writing.

Confidentiality

Each party will treat the other party's Confidential Information as confidential and use it solely to perform obligations under this SOW. Confidential Information excludes information that is or becomes generally available to the public other than through a breach of this SOW or that is rightfully received from a third party without restriction. The parties' obligations of confidentiality will survive termination of this SOW for a period of three (3) years.

Intellectual Property

Unless otherwise agreed in writing, Client will retain all right, title and interest in Client Data. Provider will retain ownership of Provider's pre-existing tools, templates, methodologies and software. Any custom configurations, scripts, or reports created for Client as part of this engagement will be treated as deliverables; ownership and license terms for such deliverables shall be specified here:

Limitation of Liability and Warranty

Provider warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SERVICES ARE PROVIDED AS IS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF THIS SOW WILL NOT EXCEED THE AMOUNTS PAID BY CLIENT UNDER THIS SOW IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Termination

Either party may terminate this SOW for material breach by the other party if the breach remains uncured for thirty (30) days after written notice. Client may terminate for convenience upon thirty (30) days' written notice, in which case Provider will be paid for work performed and non-cancellable commitments incurred through the effective date of termination. Termination will not relieve either party of obligations that by their nature survive termination.

Governing Law

This SOW will be governed by and construed in accordance with the laws of the jurisdiction specified below, without regard to conflict of law principles.

Miscellaneous

This SOW, together with any referenced purchase order or Master Services Agreement, constitutes the entire agreement between the parties with respect to the subject matter and supersedes prior proposals and agreements. Any amendment must be in writing and signed by authorized representatives of both parties.

Signatures

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