2012

Proposal For Work (PFW)

T.C.K.C.

Statement of Work (SOW)

TABLE OF CONTENTS

1. Introduction ................................................................................................................ 3 1.1. 1.2. Purpose................................................................................................................ 3 Scope ................................................................................................................... 3

2.

Requirements & High Level Plan ........................................................................... 3 2.1. 2.2. Requirements .....................................................Error! Bookmark not defined. High Level Plan ................................................................................................ 15

3. Fees and Rates ...................................................................................................... 16 4 Time Sheet Management System, Fees, Rates16 5. Payment Terms ....................................................................................................... 17 6. Confidentiality .......................................................................................................... 18 6.1. 6.2. Confidentiality .................................................................................................. 18 Non-Solicitation ................................................................................................ 18

7. Indemnity .................................................................................................................. 18 8. Choice of Law .......................................................................................................... 19 9. Mediation and Arbitration Services ...................................................................... 19 10. Independence of clauses ....................................................................................... 20

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Statement of Work (SOW)

1. Introduction
1.1. Purpose
HIS

T
1.2.

STATEMENT OF WORK (SOW) is made and entered into as of the Effective Date set place of business at ____________________________ and

forth above by and between ______________________________ (Customer), having a principal

____________________ located at _________________ for the purpose of setting forth the details of the defined price with contract. The Customer will be the owner of the code after full payment. Scope Contractor will provide a fixed cost / hourly rates proposal as mentioned herein. The scope of this PFW is defined by providing the development to the customer for a given cost. 2. Requirements & High Level Plan

TCKC System has the following main functionality Updating New item & info Registering contact information & their detail info Providing company info & their detail info

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The detail of project estimation is as follows:

Approx.Time and Efforts Estimation: TCKC

Functionality Project Analysis & UI Design Database Design Project Development & Coding Testing Time(in hours)

2 2 9 2 15

Total Time for development

2.1.

Assumption: Customer will provide libraries that are compiled and support platform, assuming server side development is out of scope. If we need to modify/alter any part of libraries, effort will increase accordingly.

All Graphics, wire diagrams, screen shots , rules will be of the choice of client and will be provided by customer only. Customer will provide images, proposed screenshots of the application to Contractor before start the development. This is highly required, since contractor would like the customer to accept the user interface (UI) in one shot. Data base will be structured by Contractor and all the data in usable format required by Contractor will be provided by client.

2.2 Project Schedule: As Contractor will be blocking his resources on this project for the
completion of the project up to a month, as a part of mutual commitment he will need an advance of 40 % of Total Cost of project. The table above shows high level plan for execution of the project in best case scenario. If there are problems or road blocks, many back and forth, changes in specs , expansion in specs or to get more to accuracy in testing, delays from customer reviews, it might take longer duration for testing and project management. Contractor will make all efforts to complete this in a short time frame but makes no promises or commitment to a completion date at this time as the availability of our developers is to be determined upon contract signing and payment being received by Contractor, various technical issues, change requests, bug fixing,back and forth in testing phase and other technical reasons. Because of all these reasons and uncertainty involved as

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mentioned below, a mutually agreeable hourly rate is applied, till completion of project. Subsequently customer will give advance payment for every 40 Percent (TS) of work till completion of the project.
3. Fees and Rates: Total Estimated hours: 15 Hours Our Standard Hourly Rate: $58/hr

Advance for 40 % of Total Cost. Market Rates:

http://osxdaily.com/2010/09/07/iphone-development-costs/
( If project is finished earlier in less than 15 hours, client has to pay for actual hours / that many hours only)

4.0

Time Sheet Management System, Fees, Rates

4.1

Time Sheet Management System:

Contractor will use an agile approach together with a Time Sheet Management System. Contractor will submit Customer a time sheet every 40 % indicating a break up as to what work has been done on each item and how many hours it has taken. Customer can review the hours increase it decrease it or keep it same .Where ever there is difference both parties can discuss, justify, negotiate and arrive at a mutually acceptable hours. In each case Customer will be final decision maker and everything will be under his control.

4.2 As Contractor will be blocking his resources on this project for the completion of the
project .up to a month, as a part of mutual commitment he will need an advance of 40 % to undertake this project. The table below shows price for developing the application based on the requirements. If the customer wishes to change requirements (add more features, alter features), then the effort will change and the pricing will also change. Contractor will present updated pricing before starting to work on the updates from customer. Estimated Effort Hours: Estimated number of working hours allocated to this project: 15 working Hours of actual work. Uncertainty : There is an uncertainty involved in the effort hours estimated in the project due back and forth , more than expected time needed in project management , bug fixing , change requests , expansion on specs , more than expected time needed in testing in achieving the

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server down time , Website and FTP down , issues on server ,binary installation problems, additional conference calls ,
desired accuracy ,unexpected changes in Graphics, discussions , personal meetings which may affect the effort estimates. Based on the following assumptions, contractor would like to offer customer discounted price, hoping that this would lead to a lot many projects in the near future: 1. Response/Feedback request from the customer is expected in 4 hours so contractor team is not blocked. 2. Guidance/Participation requested in meetings with contractors team on an as-needed basis. With the above assumptions, if the attached contract is signed and returned via fax or scanned copy via email within a week with advance deposit, then contractor can honor the final price. (Contractor has some bandwidth and it would save him some cost if his team starts immediately within a week rather than in next couple of weeks, because contractors team has just finished a project and if they start immediately, it will save him bench time.)

5.0

Payment Terms

The table below shows the payment terms for the project: Description Project Start Advance 40 % of $900 Billing/Payment in Advance every 40 (TS) % Amount (USD) $360

Payment for Project Start must be received before Contractor starts the project. Payment can be made by PayPal (using "personal" payment option so there are no transaction fees) to sharmashiva@gmail.com or wire transferred in our bank account as follows: Bank of America Account: Routing Number: 121000358 Routing Number for Wire Transfer: 026 009 593 Account Number: 0586168854 In case of default payments, Contractor has the following rights and remedies, in addition to all rights permitted by law: 1. Next tasks will continue only after receiving payment of previous tasks which may cause the delay in completion of project if the payment is delayed. 2. Assessment of late fees and/or interest 3. Submission to the debt to a collection agency without prior notice, for collection and/or litigation. 4. The company agrees to pay all costs of collection, including reasonable attorneys fees. This agreement shall be governed by the laws of the State of California.

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6.0 Confidentiality 6.1 Confidentiality Both the parties agree to maintain confidentiality of proprietary information shared. Proprietary information disclosed by the Client to the Contractor for developing the software shall be kept confidential by the contractor at all times. If the information has to be shared with anybody else to execute the project, contractor shall get written permission from the Client before doing so. 6.2 Non-Solicitation/Termination Both parties agree not to solicit services or business from either companys employees or contractors or partners or clients or contacts during the contract and for a period of two years after the contract termination. Either party can terminate the contract by giving thirty days notice or compensation as per average production rate in lieu of and settle the payments for the work done till the date of termination. 6.2.1 Start Date: Since the negotiation and paper work may take some time, customer would allow the contractor a reasonable time to wind up his current work, organize and jump start the project. 6.3 Delays : There may be delay in signing of contract and delay will be measured from the time of the day of initial email contact made by the customer indicating the urgency of the project which can significantly lead to over all delay in the project. As any delay in start of the project and during the project causes additional costs to contractor also , the contractor will not be responsible for any delays ,penalties or termination of work due to any natural disasters ,floods, earth quakes, strikes ,changes in technology ,delays due back and forth , late response from client, incomplete or unclear specs , frequent changes in specs ,any technology changes or technical barriers beyond control of the contractor or for lack of timely communication with undersigned in all emails , delay in payments or any other reason beyond the control of contractor. In such termination of the work a mutually agreeable hourly rate as per market will be negotiated along with total hours of work done and settled and code handed over to the customer. Also either party can terminate the contract due lack of funding or illness, accident, death of developer or unavailability and payments settled equal to the hours of work done. In any of the above situation and in order to expedite the development and to do more work in less time, contractor may associate more resources at his responsibility to meet the deadlines and complete the work for the benefit of the customer. In order to expedite the work the contractor is free to reassign the work partly or fully to his own company, corporation to save on taxes while other terms of contract will remain same and Customer will not have any objection to the same.

7.0 Indemnity Indemnification by the Contractor and Customer (a) The Contractor agrees to indemnify and hold the customer harmless against and in respect of any and all losses and third party claims arising out of or based upon (I) the negligence or willful misconduct of the Contractor or any of its Subsidiaries, (ii) any breach by the Contractor of any agreement between the parties hereto that is described in this agreement as the same may be amended (iii) all liabilities of the parties and their respective subsidiaries (whenever arising, whether prior to, at or following the Effective Date) arising out of or in connection with or otherwise relating to the management or conduct before or after the Effective Date of the business of the Contractor; and (iv) the failure by the Contractor or any of its Subsidiaries to pay, perform or otherwise promptly discharge any of its or its Subsidiaries' liabilities (whenever arising whether prior to, at or following the Effective Date). (b) Customer agrees to indemnify and hold the Contractor and its officers, directors, employees, subsidiaries, affiliates and agents harmless against and in respect of any and all Losses and

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Third Party Claims arising out of or based upon (I) the negligence or willful misconduct of customer or any of its Subsidiaries, (ii) any breach by Contractor of any agreement between the parties hereto that is described in this agreement as the same may be amended (iii) all liabilities of the parties and their respective subsidiaries (whenever arising, whether prior to, at or following the Effective Date) arising out of or in connection with or otherwise relating to the management or conduct before or after the Effective Date of the business of Customer, other than the business of the Contractor and (iv) the failure by Customer or any of its Subsidiaries to pay, perform or otherwise promptly discharge any of its or its Subsidiaries' liabilities (whenever arising whether prior to, at or following the Effective Date).

8.0 Choice of Law This agreement shall be governed by and construed and interpreted in accordance with the laws of California without reference to principles of conflict of laws.

9.0 Mediation and Arbitration Services If a dispute arises out of this contract, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to arbitration procedure. The fees for the mediation/arbitration will be borne equally by the parties. Contract Period This contract will be effective for a period of 1 year from the effective date. If both parties are interested in continuing the services, it shall be renewed on or before 1 year completion from effective date.

10.0

Independence of clauses : If any one of the above clauses is disputed or violated, the others will still be enforceable.

IN WITNESS WHEREOF, the parties have caused this Statement of Work to be executed by their duly authorized representatives as of the Effective Date set forth in the Agreement.

Contractor: Printed Name:

Customer
Signature: _____________________ Name Title : :

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