Statement of Work

Version 2.7 (February 2013)

 

Notice


This document is the property of, and is proprietary to, Zend Technologies.  It is not to be disclosed, in whole or in part,  without written authorization from Zend Technologies.  


Trademarks


Any product names mentioned in this document may be trademarks or registered trademarks of their respective companies and are hereby acknowledged as such by Zend.

 

1. Scope

 

The Zend Smart Start Service for LAMP/WAMP offering is a training and consulting engagement to help clients rapidly and successfully adopt PHP on Linux or Windows.  

Service Objectives:

  1. Identify and agree upon final requirements for a simple pilot project for Client project team to develop that addresses a real Client issue.
  2. Train up to 5 students in exclusive online setting on either “Zend PHP I: Foundations” or "PHP II: Higher Structures" or "Quickstart: PHP for OO/Procedural Programmers".
  3. Install and configure the Zend PHP Solution Stack on one Linux or Windows development server.  As part of the process, Client will be trained to install additional servers.
  4. Enable Client project team to exercise PHP skills and coach them in best practices through the development and deployment of the pilot project.

 

1.1    Assumptions and Pre-Requisites

 

  1. Client environment will be running a Zend supported Linux or Windows version.
  2. Client has reviewed and accepted this Statement of Work.
  3. Client signs the Project Acceptance form (see Appendix I) at the end of the engagement.
  4. Client will provide the platform, hardware, and database support required (e.g. Client engineer with knowledge of Client’s database).
  5. Client has identified a project manager and sponsor to work jointly with the Zend consultant to plan activities and ensure that required Client resources are available as needed.
  6. Client’s project development team is available and completely dedicated during the scheduled week of onsite delivery.
  7. Client will identify a potential project for pilot development project within the guidelines provided by Zend.
  8. The Client has finally agreed with Zend about the chosen pilot project prior to the Zend consultant arriving on site.

 

This service package does NOT include:

 

1.2    Delivery Timelines and Activities:


 

Service Task

Est-imated Time

Resources

Deliverables/

Agenda

Goals

Pre-Delivery Preparation

 

(2-3 weeks prior to onsite visit)

 

 

 

Pilot ProjectDefinition is initiated with Client

Client returns a high-level summary to Zend

 

Zend Consultant

Client Project lead

 

 

A high-level summary defines the objectives and expectations of the Pilot

Establish a clear understanding of the scope and objectives of the Pilot project

Phone conference with Client project lead

1-2 hrs

Zend Consultant

Client project lead

Discuss and select project for pilot.  Pilot project must be selected and agreed upon prior to consultant arriving onsite.

Ensure successful Smart Start Service engagement

Phone conference with Client Sys Admin 1h Zend Consultant

Client Sys Admin
Review installation prerequisites Validate environment for installation
Preparation of the development system for Remote Installation   Client Sys Admin   Have the system ready for remote installation by Zend
Remote Installation of Zend software on the chosen development environment 2-4h Zend Consultant

Client Sys Admin
  Have the Zend software running and ready for the upcoming pilot development phase

Week 1 - Remote

 

 

 

 

Exclusive Online Training: “Zend PHP I: Foundations" or "PHP II: Higher Structures" or "Quickstart: PHP for OO/Procedural Programmers"

See Appendix C for course description

5 days

Zend Online training

Client team

“Zend PHP I: Foundations” or "PHP II: Higher Structures" or "Quickstart: PHP for OO/Procedural Programmers" course provided exclusively for Client

Provide basic or intermediate understanding of PHP

Class schedule:

 

 

 

 

Day 1-4

2 hrs

 

1st Session

 

 

1 hr

 

Break

 

 

2 hrs

 

2nd Session

 

Day 5

2hrs (or 4hrs if the Quickstart class is chosen)

 

3rd Session

 

Week 2 - Onsite

 

 

 

 

Day 1-4        

Kickoff meeting

½ day

Zend Consultant

Client Sponsor

Client Team-Lead

Client team

Introduce service & delivery agenda

Introduce team members

Review roles & responsibilities

 

Introductions, outline of service, expectation setting

Development of Pilot begins with customer developing and consultant mentoring

3,5 days

Zend consultant

Client team

Provide a fully functional application at the conclusion of the service

Monitor, guide, mentor the customer project team to create and develop a real PHP application

Day 5

 

 

 

 

Finalize development project

 

½ day

Zend Consultant

Client team

 

Deploy final pilot application

Wrap-up (see detail below)

2 hours

Zend Consultant

Client team

Client sponsor

Client Team-Lead

Sales Representative on phone

Review the week

Q & A

Closing and Client sign-off of engagement

Final questions, close-out of engagement

 

2.    Deliverables

 

This service has an installation component and an education component.  Installation is for 1 development system for the following products:

 

Education is to be provided in the form of one of the following online courses exclusive to the Client:

 

3.    Project Pricing

 

The price for this engagement is as listed on the order/quote.

 

Client is responsible for travel and lodging expenses incurred in the course of this project.  Hotel, Air and Car Rental (including Parking) are charged to the client at actual cost. Meals are charged at a flat rate of 56 EUR per day.

Payment Terms:

 

Standard scheduling for delivery is generally 4-6 weeks from date of signed purchase order (PO).

The service must be scheduled and delivered within 6 months (if the engagement was not 100% prepaid) or 12 months (if the engagement was 100% prepaid) from the date of signed PO that refers to this SOW. It is the customer’s responsibility to schedule and facilitate completion of this engagement within the respective number of months from date of signing the PO. In the event this does not occur, Zend’s obligation to perform the services per SOW is terminated and any prepayment will not be refunded.

Minimum Billing Fees:
Remote Consulting Deliveries have a four hour minimum billing fee per day. For Onsite Consulting Deliveries the minimum billing fee is 2 person days plus travel and out of pocket expenses. Scheduled engagements (of both types) that are not cancelled or rescheduled at least three working days in advance will be invoiced in full for the scheduled time.

 

4.     Terms and Conditions

 

4.1    Limitation of Remedies and Liability

(a) Zend's services and all deliverables shall be provided on an "as-is" basis and without warranty.  Zend specifically disclaims any and all express and implied warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

(b)  In no event shall Zend be liable to client, whether in contract, tort (including negligence) or otherwise, for any indirect, incidental or consequential damages (including lost profit or business interruption) even if Zend is notified in advance of such possibility arising out of the performance or breach of, or otherwise pertaining to the subject matter of, this agreement.

 

4.2    Non-solicitation of Employees

During the period of Zend's performance under this Agreement, and for one (l) year thereafter, Client agrees not to hire, solicit, nor attempt to hire or solicit, the services of any employee or subcontractor of Zend without the prior written consent of Zend. Violation of this provision shall entitle Zend to assert liquidated damages against the Client equal to one hundred fifty (150) percent of the solicited person's annual compensation.  Nothing contained herein shall preclude the hiring of any Employee who: (i) contacts the hiring party on his or her own initiative; (ii) the hiring party was in discussion with regarding possible employment prior to the signing of this Statement of Work; or (iii) responds to a general solicitation of employment through advertisements or search firm general solicitations that are not targeted specifically at the non-hiring party or its employees.   

 

4.3 Payment and Late Charges

 

4.3.1    Terms. Upon receipt of a correct and undisputed invoice from Zend, the Client shall pay such invoice  thirty (30) days thereafter. Late payments, other than those disputed in good faith, shall bear interest at lesser of one and one-half percent (1.5%) per month or the highest amount permitted by applicable law.


4.3.2    Disputed Amounts. If the Client disputes any invoiced amount for any reason whatsoever, the Client shall notify Zend in writing (via email shall suffice for this limited purpose) within thirty (30) calendar days of the Client’s receipt of the invoice. All disputed amounts that the Client subsequently agrees in writing to pay, or that are required to be paid pursuant to a proper court order or award from any mutually submitted arbitration, shall be paid on the payment terms set forth in Terms above.

 

Please remit payment to: 

Titulaire du compte: ZEND TECHNOLOGIES SARL
CREDIT DU NORD La Défense Entreprise
IBAN-FR76.3007.6020.6312.0364.0020.046
RIB - Code banque 30076 - Code guichet 02063 - Compte 120 364 00200 - Clé 46

 

4.3    Other Terms & Conditions

 

  1. Payment Terms: NET 30
  2. Payments are to be made once service is accepted by client, as indicated by the execution of the Project Acceptance Form substantially in the form attached hereto Appendix I.
  3. Purchase order number required, but the terms of this Statement of Work, when accepted and signed by client shall be the entire agreement of the parties and shall supersede and entirely replace the terms of any and all other agreements or forms, including client purchase order forms, all of which are hereby specifically rejected by Zend. 
  4. Zend retains all rights in its intellectual properties.  Client rights to use any Zend Products shall require separate acceptance of Zend's applicable licensing terms and conditions.
  5. Each party represents and warrants to the other that its performance of its obligations under this Agreement will not conflict with or result in a breach or violation of any of the terms or provisions or constitute a default under any agreement by which it is bound and that it is not a party to any agreement containing a non-competition clause or other restriction with respect to (i) the activities and services which it is required to perform hereunder, or (ii) the use or disclosure of any information directly or indirectly related to the transactions contemplated by this Agreement.  Further, Zend represents and warrants that in performing the services: 
    1. (i) That the services to be delivered and rendered hereunder, will be of the kind and quality designated in the “Deliverables” section of this document, and will be performed by qualified personnel in a professional and workmanlike manner consistent with industry standards; 
      (ii) It will strictly comply with the timelines, descriptions and representations as to the services which appear within;
      (iii) The services rendered will not be in violation of any law, rule or regulation and Vendor will have obtained all permits required to comply with such laws and regulations; 
      (iv) The services rendered will not knowingly violate or in any way infringe upon the right of third parties, including proprietary information and nondisclosure rights or any trademark, copyright or patent rights.
  6. This Statement of Work and Agreement shall be governed by France law.  Any  proceedings under or in connection with this Agreement shall be brought exclusively in state or federal courts sitting in France.

 

Appendix I: Project Acceptance Form


 

Account:    CLIENT NAME
Project: Smart Start Service
Zend Project Manager:  
Client Project Manager:   
Date of Issue      

 

This document describes the closing status of the Services provided by Zend Technologies SARL (hereby known as Zend) to “Client”.

 

1. References

Statement of Work accepted by signing the quote for the Smart Start LAMP/WAMP engagement.

 

2. Major Milestones/Deliverables

The project outcome has been measured against its approved deliverables as described in the agreed upon Statement of Work (SOW) and any approved amendments and/or change requests listed as references above. 

 

3. Acceptance

Zend requests signature and return of this Project Acceptance Form by the Client’s Project Manager. Should Client believe that any of the relevant criteria have not been met for project acceptance, written notice within five (5) working days of receipt of this Form is required (a “Notice of Non-compliance”), stating the specific reason for non-compliance. The Zend project team will promptly meet to resolve any issues.

On receipt of this document, or after five (5) working days with no written notice being received, Zend will conclude that this project is closed.

Table 1 - Authorized Signatures

Job title:                             Name:                                  Signature:                                         Date:
                                                                                                                                                                                         

Please fax a signed copy of this document to the number below:

Entity:       Zend Technologies France SARL
Fax #:          ++33 1 48 12 31 32
Attention:      Zend

 

   

Appendix II: "Zend PHP I: Foundations" Course Description

 

The PHP I: Foundations course is designed to provide non-programmers with a solid foundation in the PHP language. This course guides you through the basics of PHP with an experiential approach, filled with numerous examples and hands-on exercises, including substantial practice in coding a functional application. All of the exercises are designed to reinforce key learning.

You will also have the opportunity to use the Zend Studio IDE (Integrated Development Environment) to start your coding adventures the easy and correct way!

 

Audience:
This course is designed for those who want to learn the basics of the PHP language, and assumes some familiarity with web sites – what they are and the very basics of how they work – but no programming experience. Web designers who want to become PHP Developers would certainly benefit from this course.  If you are a programmer in a Procedural or OO language, we recommend you take the Quick Start: PHP for OO/Procedural Programmers course.

 

Course Note: Basic knowledge of HTML is recommended and is outside of the focus of this course. For Participants without this pre-requisite knowledge, we strongly advise you to take advantage of free online tutorials (for example at: http://www.w3courses.com) or reference books such as “Sams Teach Yourself HTML in 10 Minutes”.

 

Pre-requisite(s):
Basic knowledge of HTML, please see: Course Note.

Objectives:
To learn the basics of the PHP programming language.

Topics Include:

 

Appendix III: "Zend PHP II: Higher Structures" Course Description

 

The Zend PHP II: Higher Structures course is designed to expand a beginning programmer’s understanding of the PHP language. This intermediate-level course builds upon knowledge gained in PHP I: Foundations. It utilizes a hands-on approach with numerous examples and practical exercises, as well as a key development project, to enhance learning. You will also have the opportunity to use the Zend Studio IDE (Integrated Development Environment) to continue honing your coding skills utilizing best practices and effective tools.

 

Audience:
This course continues where PHP I: Foundations leaves off, and is designed for novice PHP developers who want to further advance their skills in the PHP language and already know the basics of PHP syntax, language constructs, and web site functionality. Experienced programmers in Procedural and OO languages should refer to the Quick Start: PHP for Experienced Programmers course description.

 

Pre-requisite(s):
PHP I: Foundations, or equivalent knowledge. This course assumes a thorough grounding in the language and syntax of PHP and does not fully review those topics. It also assumes that students who completed the Foundations course have practiced applying the skills they learned before attempting this next level. 

Objectives:
To learn the essentials for creating web-based PHP applications

Topics Include:

 

Appendix IV: "Quick Start: PHP for OO/Procedural Programmers" Course Description

 

The Zend Quick Start: PHP for OO/Procedural Programmers course is designed to quickly build an experienced programmer’s understanding of the PHP language. This course covers many of the same topics as both the PHP I: Foundations and PHP II: Higher Structures classes but at an accelerated rate with special emphasis on the differences between PHP and other commonly used languages. As with the other classes, it utilizes a hands-on approach with numerous examples and practical exercises, primarily related to the course project, to enhance learning. You will also have the opportunity to use the Zend Studio IDE (Integrated Development Environment) to continue honing your coding skills utilizing best practices and effective tools.

 

Audience:
This course is designed for experienced developers (2+ years) of other languages - Procedural & OO, such as C, Java, C++, C#, JavaScript, Python, Perl, Ruby - who want to transfer their skills to PHP and need to quickly learn the PHP-specific version of common features, such as syntax and language constructs.

 

Pre-requisite(s):
Experience developing applications, 2+ years

Objectives:
Upon completion of this course, participants should be able to:


Topics Include: