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Statement of Work
Client: Digital Medical Solutions Ltd
Project: Video Doctor iOS Application
2019 July 25
Purpose of Agreement
This agreement outlines the general scope of the above-named Project (hereinafter
referred to as the “Project”) based on discussions to date. The main objective at this
stage is to ensure that both the above-named Client (hereinafter referred to as
"Client") and service-provider Dale Smith (hereinafter referred to as
“Freelancer”) agree upon the general scope, budget, and schedule of the Project
prior to commencing work on subsequent stages. The Client is urged to ensure that
all the details contained within this proposal meet the Project’s requirements before
further work commences. If the nature and scope of the project changes, costs and
timings may need to be revised and a new version of this agreement may need to
be created and approved. Once this agreement has been approved, the Project will
progress into the next stages. This may include further agreements detailing
requirements and functionality or it may go straight into development. This will
depend on the nature of the Project.
The Client is entering a contract with Freelancer for this Project. The Client hereby
authorizes Freelancer to access the Client’s web hosting account, domain registrar
account, and any other accounts or programs needed for the Project that are
included as part of this agreement. Upon expiration or termination of this
agreement, each party will return or, at the disclosing party’s request, destroy the
confidential information of the other party.
2. Electronic Commerce Laws
The Client agrees that the Client is solely responsible for complying with any laws,
taxes, and tariffs applicable in any way to the Project or any other services
contemplated herein, and will hold harmless, protect, and defend Freelancer and
his subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising
from the Client's exercise of Internet electronic commerce and/or any failure to
comply with any such laws, taxes, and tariffs.
3. Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos,
designs, trademarks, or other artwork furnished to Freelancer for inclusion in the
Project are owned by the Client, or that the Client has permission from the rightful
owner to use each of these elements, and will hold harmless, protect, indemnify and
defend Freelancer and his subcontractors from any liability (including attorney's
fees and court costs), including any claim or suit, threatened or actual, arising from
the use of such elements furnished by the Client.
The concepts and ideas submitted to the Client by Freelancer are of a confidential
nature and are submitted to the Client on the understanding that they are to be
considered by the Client in the strictest confidence and that no use will be made of
the said concepts and ideas, including communication to a third party, without
Freelancer’s prior consent. The Client will assume all ownership of and copyright to
the Project once final payment under this agreement and any additional charges
incurred have been received. Freelancer and his subcontractors retain the right to
display graphics and other elements from this Project as examples of their work in
their respective portfolios.
4. Project Scope
The goal of this project is fix the Video Doctor iOS application to have video calling working correctly. The deliverables expected in this scope of work, along with their deadline are listed as follows:
- Proof of concept that video calling will work with Agora iOS Native SDK in existing hybrid application
- Due by 11:59 PM CT August 4th, 2019.
- Fix video calling functionality and submit to App Store
- Due by 11:59 PM CT September 5th, 2019
- "Freelancer" is not responsible for decisions or delays caused by AppStore submission.
5. Project Management
Freelancer and the Client agree to progress meetings as needed, at most once a week.
6. Estimates and Payment
The above scope of work and time spent on project management will require a
minimum of 40 hours and a maximum of 50 hours. This will be billed at the rate of
$50 USD per hour. If the Client requests a deliverable be due before the agreed upon
deadline (“rush work”), the bill rate will for this deliverable will be inversely proportional to the reduction in timeline from the Effective Date. E.g. if the timeline is cut in half, the bill rate will double. Expenses to date—including billable time, rush
work, subcontracted work, and line-item costs—will be compiled in an invoice and
submitted to Client as requested. Invoices will be payable by PayPal within 15 days after receipt. If payment is made after 15 days, there will be a 15% late fee.
This agreement may be terminated at any time by either Freelancer or the Client,
effective immediately upon notice, or the mutual agreement of the parties. In the
event of termination, Freelancer and his subcontractors will be compensated for the
Project performed through the date of termination in the amount of:
● Prices for all completed work;
● 50% of the price of commenced, uncompleted work as of the date of
● All expenses, fees, out of pockets together with any additional costs incurred
through and up to, the date of termination.
In the event of termination and upon full payment of compensation as provided
herein, Freelancer grants to Client such right and title as provided for in this
agreement with respect to those deliverables provided to and accepted by Client as
of the date of termination.
8. Force Majeure
Either party may invoke Force Majeure to excuse the failure of its timely
performance, if such failure was caused by: fire; flood; hurricane, tornado, or other
severe storm; earthquake; act of war; sabotage; terrorism; riot; interruption or failure
of electrical or telecommunications service (for example, Internet failures); or failure
of suppliers, subcontractors, and carriers to substantially meet their performance
obligations. A party invoking Force Majeure to excuse its failure of timely
performance must show that the Force Majeure event(s) and their relevant effects (i)
were beyond the invoking party’s reasonable control and (ii) could not have been
avoided through the exercise of due care by the invoking party.
Failure to make a payment may only be considered a Force Majeure event if caused
by an interruption in a third-party payment systems that otherwise qualifies as a
Force Majeure event.
9. This Agreement
This agreement constitutes the sole and entire agreement between Freelancer and
the Client regarding this Project. Any changes or modifications thereto must be in
writing and signed by both parties. Correspondence via email between the parties
constitutes “in writing” for the purposes of this contract. This agreement will
commence upon the Effective Date and will remain effective until the Project is
completed and delivered.
The undersigned hereby agree to the terms, conditions, and stipulations of this
agreement on behalf of his or her organization or business.
Client: Client Name
Service Provider: Dale Smith (“Freelancer”)