J4: Statement of work

Statement of Work - [Project name]

Author	----------
[RSE Team] Lead	----------
Date	----------
Contact(s)	----------
PI	----------
Department or Partner organisation	----------
Funder & Scheme	----------
Size of overall grant	----------
Completion date	----------
Validity	Depending on the funding scheme and workflow, this quote expires in: (1) 6 calendar months if the quote is to be used in a funding application; (2) in 3 calendar months if the funding is already secured. If submission to the funding body has not occurred within 6 calendar months, or in the case of private/secured funding, [RSE team] development work has not commenced within 3 calendar months, the costs quoted here may need to be revised at the discretion of [RSE team's] Director.

For guidance in completing this documentation stage please see the Statement of Work guidelines.

OVERVIEW

Very briefly summarise the project and [RSE Team]'s prior involvement with it if applicable; then summarise what this SoW is for.

OBLIGATIONS

This is sample boilerplate text, edit as necessary.

In accepting this quote, the PI (or project equivalent) accepts responsibility for ensuring that feedback requested by [RSE team] during the development phase is provided in a timely manner. Failing to respond to requests for user testing and review may jeopardise [RSE Team's] ability to deliver to agreed timescales and may impact the delivery of individual requirements. Project teams should nominate a primary and secondary contact to minimise any risk that urgent requests for feedback are not acknowledged and responded to quickly.

During normal development time, [RSE team] require that requests for feedback are adequately responded to within [x] days of the request being made. During the change freeze period prior to project completion, [RSE team] require that feedback is received within [y] day(s) of being requested.

RESEARCH DATA AND CONTENT

SUBCONTRACTING

This is sample boilerplate text, edit as necessary.

Where appropriate, [RSE team] may subcontract a portion of the requirements described in this document. If this occurs, [RSE team] will closely supervise any subcontractors to ensure the work is to an appropriate standard. Such supervision may be charged at a higher hourly rate than the other work on the project, but the total cost for the subcontractor and supervision will not exceed the amount that would have been charged if [RSE team] completed the requirements in-house.

ACCESSIBILITY

This is sample boilerplate text, edit as necessary.

While compliance with UK government accessibility standards (http://www.legislation.gov.uk/uksi/2018/952/contents/made) is not required for research outputs, [RSE team] regards a sustainable approach to accessibility as an essential consideration in our digital outputs. [RSE team] integrates digital accessibility planning into new projects from the very start, connecting it with the sustainability planning outlined in the sections above, to embed both accessibility and sustainability considerations into digital resources. By keeping these considerations in mind, [RSE team] aims to balance the accessibility needs of the project’s users with the need to ensure a resource remains sustainable long-term, alongside other factors such as project budget, technical solution and requirements. Rather than listing most accessibility work as a separate requirement, we have allowed for it within estimates for all relevant requirements.

REQUIREMENTS

In the table below requirements are labelled using an industry-standard approach known as ‘MoSCoW’ where:
M = must have; S = should have; C = could have; W = won’t have this time

Please note: [RSE team] commits to delivering the must have requirements. Delivery of should have and could have requirements will be dependent upon budgetary and time constraints following the delivery of must have requirements. This model allows the development team to prioritise requirements, as software development is inevitably iterative and evolves in the face of project understanding and external factors.

ID	Priority	Description	Days (estimated)
01	M		eg: A 5 D 12 U 10 S 1
02	S
03	C
04	W
		Total estimated days	eg: A xx D xx U xx S xx

APPROVAL

Role	Approved
[RSE Developer/Engineer]
[RSE Analyst]
[RSE UI/UX Designer]
[RSE Project Manager]
[RSE Director]

COSTINGS¹

Roles/Resources	Amount	Rate [currency]
[Development task(s)]	x days over y months	£
Administration	x days over y months	£
Infrastructure	x years	£
Maintenance	x years	£
Total Net		£
VAT	Charged on non-research work at [local rate]	£
TOTAL (note the set up/development of a website is not included)	£

[RSE team] will produce a Service Level Agreement (SLA) to define costs associated with ongoing maintenance and support.

Sample boilerplate text, edit as necessary:
[RSE team] offers a range of archiving services for projects that are either at end of life or no longer have the funding to continue their normal levels of service. These range from static but limited online versions of the site, to storage in research data management repositories, and offline archives.

Name
Role	Director, [RSE Team]
Signature
Date

TERMS & CONDITIONS

Sample boilerplate text, please edit as appropriate:

**These T&Cs are an example which you should review from your institution's perspective before including them in your own documentation. [RSE Team and parent institution] cannot be held responsible for omissions or errors.**

The Work

The Work undertaken under this Agreement to fulfil the attached Product Quote (the ‘Work’) is provided by [institution-name-here], acting through one of its academic departments, [RSE team].

[institution-name-here] shall carry out the Work in accordance with Good Industry Practice. ‘Good Industry Practice’ means standards, practices, methods and procedures conforming to the law and the degree of skill and care, diligence, prudence and foresight that would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances.

If the Partner reasonably believes that the way in which [institution-name-here] is undertaking the Work is deficient, it shall notify [institution-name-here] in writing at the earliest possible opportunity, giving full details of the perceived deficiencies. The parties shall then discuss the matter in good faith to establish where any deficiencies may lie and an appropriate course of action to deal with them, as part of which [institution-name-here] shall remedy any agreed faults within an agreed, reasonable period generally not exceeding 21 working days. If the parties are unable to agree on a course of action, they shall initiate the dispute resolution process set out in this Agreement.

In the event that [institution-name-here] is delayed, prevented or hindered from performing any of its obligations in this Agreement by circumstances beyond its reasonable and direct control, [institution-name-here] shall be excused from that performance for as long as such circumstances reasonably persist, but shall take all reasonable steps to minimise the effects on the performance of this Agreement. Should [institution-name-here] be so delayed, prevented or impeded, it shall promptly inform the Partner of the nature of the relevant cause and its likely duration.

On projects led by external partners, [institution-name-here]s directly incurred (‘DI’) costs for all Work provided must be paid at 100% of cost, unless otherwise agreed. Where a funder does not provide 100% funding for DI costs, external partner organisation(s) are required to pay KCL the amounts not provided by the funder as part of the invoiced cost of the Work so that the DI costs associated with [institution-name-here]’s provision of the Work are fully funded.

Confidentiality & Intellectual Property

Any data, information or materials which the Client supplies to [institution-name-here] in the course of this Agreement shall represent Confidential Information and/or Background IP (as defined below) belonging to the Partner. [institution-name-here] shall keep confidential all information supplied to it by the Partner in connection with the Work (‘Confidential Information’), and shall not disclose Confidential Information to third parties or members of its staff or students outside the team performing the Services without the Partner’s prior written consent; where consent is granted, [institution-name-here] shall only disclose Confidential Information under legally-binding confidentiality agreements on terms no less onerous than those in this Agreement. The obligations of confidentiality herein shall survive expiry or termination of this Agreement by 5 years and shall not apply to information which [institution-name-here] can clearly demonstrate by written record: (i) enters the public domain through no fault of [institution-name-here]; (ii) becomes lawfully available to [institution-name-here] from an unconnected third party under no obligations of confidentiality or with the lawful right to make such a disclosure; (iii) has been independently developed or conceived for or by [institution-name-here] without reference to the the Partner‘s Confidential Information; or (iv) [institution-name-here] is required to disclose by law or a regulation, in which circumstances it shall wherever practicable give reasonable advance notice of the intended disclosure to the Partner, and the relaxation of the obligations of confidentiality shall apply only for as long as necessary to comply with the relevant law or regulation and solely for the purposes of such compliance.

Nothing in this Agreement shall affect the ownership of intellectual property rights existing prior to this Agreement or generated outside of its scope (‘Background IP’). Any developments and/or modifications to Background IP belonging to a party made in the course of carrying out the Work shall be the property of the party owning that Background IP.

Liability

[institution-name-here] shall assume liability, including liability for financial reimbursement, towards the Partner for any act, omission or default for which it may become liable under the terms of this Agreement to the extent that such liability is the result of an act, omission or default of [institution-name-here]. The Partner shall nevertheless use its reasonable endeavours to mitigate any losses it may incur. Neither party can be liable to the other for any claims or demands arising out of this Agreement for loss of income, profits, turnover, business, opportunity, goodwill, economic loss, indirect loss or consequential loss, no matter how arising and whether by breach or by negligence and whether in contract, tort or otherwise. To the maximum extent permitted by law, the terms and conditions in this Agreement are in place of any warranties, obligations or conditions implied by law, trade usage or custom. institution-name-here]’s aggregate liability to the other Party for any loss or damage suffered or incurred by the other Party as a result of institution-name-here]’s breach of contract, negligence or otherwise howsoever arising shall not exceed an amount equivalent to twice the price of the Work in the calendar year in which the loss or damage occurs. This clause shall not limit or exclude any liability that may not be limited or excluded in law, such as solely by way of example, liability for death or personal injury.

[institution-name-here] Hosting Protocols

If in its reasonable opinion [institution-name-here] believes that the content of the online resource hosted under this Agreement may bring [institution-name-here]’s or [RSE Team]’s reputation and integrity into disrepute, either directly or indirectly (e.g. by inference), be prejudicial to its interests as a university and charity and/or may contain material that is:-

(i) offensive, libellous, illegal, false and/or contrary to accepted standards of public decency, or that may promote or involve behaviours or beliefs that are offensive, criminal, corrupt, create an actual or perceived conflict of interest; or

(ii) contrary to, or may lead to, breaches of applicable laws, regulations, policies and requirements (including those relating to equal opportunity matters such as race and gender equality, diversity and bias, disability, age, hate speech, radicalisation, religious beliefs as well as sexual and gender orientation, including [institution-name-here]’s own policies, which are set out at [institution-name-here/relevantlink]);

[institution-name-here] reserves its right to turn off all or part of the online resource as it sees fit. When doing so, [institution-name-here] shall give the Partner as much due notice of its intentions as is reasonably possible, but reserves its right to act summarily. The parties shall resolve all matters relating to such action by KCL through the dispute resolution process set out elsewhere in this Agreement.

General

Neither party shall use the other’s name, crest, logo or trademarks, or the name of any of its staff or students, nor imply their identity, in connection with this Agreement without the express written permission of that party or individual, except that nothing in this clause shall restrict, delay, impede or prevent a party from using the other party’s name when making disclosures under applicable freedom of information legislation or in its own reports or internal literature.

Either party may terminate this Agreement by giving notice in writing to the other party subject to a minimum of 30 working days’ notice; [institution-name-here] will refund fees on a pro rata basis once its costs and uncancellable commitments have been taken into account. Termination of this Agreement shall not affect the survival of any clauses or provisions herein which are stated, or which by their nature are intended, to continue after termination or expiry.

In the event that [institution-name-here] is delayed, prevented or hindered from undertaking any of its obligations in this Agreement by any circumstances beyond its reasonable and direct control, [institution-name-here] shall be excused from that undertaking for as long as such circumstances reasonably persist, but shall take all reasonable steps to minimise the effects of such circumstances on the undertaking of this Agreement. Should [institution-name-here] be so delayed, prevented or impeded, it shall promptly inform the other Party of the nature of the relevant cause and of the expected duration of the delay or impediment. In such circumstances, the agreed schedule of payments and the duration of this Agreement may be amended accordingly. If such circumstances persist for three months or longer, either Party may terminate this Agreement forthwith by giving notice in writing to that effect to the other Party.

This Agreement supersedes and terminates all other agreements, terms, understandings and representations regarding the Services between the parties and constitutes the entire agreement between them concerning the Services. This clause shall not exclude liability for fraudulent representation or concealment made prior to this Agreement coming into force. No failure to exercise or delay in the exercise of any right or remedy which any party may have under this Agreement or in connection with this Agreement shall operate as a waiver that right or remedy.

This Agreement is made and shall be interpreted in accordance with the laws of England and Wales. In the event of any difference or dispute arising from this Agreement, the parties will endeavour to settle such matters between themselves in good faith, initially at an operational level, but if this is not successful within 14 days, through their appropriate responsible senior officers. Should the parties be unable to resolve matters within a further period of 25 working days, they shall refer the matter promptly for final, binding resolution using Alternative Dispute Resolution techniques by either (i) the Centre for Effective Dispute Resolution if both parties are based in the UK or (ii) the International Chamber of Commerce if one of the parties is based outside the UK. The language of any such proceedings shall be English.

Nothing in this Agreement shall confer or purport to confer on any third party any benefit or any right to enforce any term of this Agreement.

Each party shall fully comply with applicable anti-bribery legislation and neither party shall engage in any activity, practice or conduct which would constitute an offence under that legislation.