Statement of Work to Professional Services Supplemental Terms: Customized Website
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This Statement of Work ("SOW") is entered into pursuant to, and incorporates by reference, the Mindbody Professional Services Supplemental Terms available here (the "Professional Services Terms") and the Mindbody Terms of Service available here (the "ToS" collectively, with this SOW, Professional Services Terms, any underlying agreement, all Order Forms, exhibits, addenda, pricing terms, and online policies and URLs incorporated herein, the "Agreement") and is between the Mindbody Entity indicated in the ToS ("Mindbody", "we", "us" or "our") and the customer entity that is party to the Agreement ("Customer", "you", or "your"), on behalf of itself and its Affiliates. All capitalized terms, where not otherwise defined in this SOW, will have the meanings set forth in the Agreement.
1. Description of Services and Specifications
Mindbody will provide Website Services to Customer as described in Section 2 of the Professional Services Terms utilizing standard Mindbody-supported design templates, configurations, and integrations with Mindbody's core software products, limited to the scope set forth in this SOW. Any services, features, or deliverables not expressly described herein are out of scope and subject to additional fees via a Change Order.
All requests for Ongoing Updates must be submitted through the communication channel identified in Section 3 (or such other designated channel as Mindbody may notify Customer from time to time) to be considered.
2. Project Scope and Schedule.
The Website Services shall commence upon execution of this SOW and satisfaction of all Customer responsibilities set forth in Section 4 below.
2.1. Scope of Website Services.
The following are included in the Website Services and related deliverables:
2.1.1. Published Website with Mindbody widget integration or Booker link
2.1.2. Homepage
2.1.3. Services description page
2.1.4. Contact form
2.1.5. Booking functionality
2.1.6. Initial design iterations
2.1.7. Ongoing maintenance
2.1.8. Ongoing Updates
2.1.9. Domain name procurement
2.2. Deliverables.
| Deliverable | Description |
|---|---|
| Published Website URL | Final, live Website URL upon go-live |
| Domain Name (if applicable) | One (1) domain name if requested by the Customer and subject to availability |
2.3. Timelines.
| Milestone | Target Timeline |
|---|---|
| Target delivery window for new Website (following Mindbody's confirmation that Customer has provided all required materials, approvals, and system configuration information) | 5 business days |
| Customer's review and feedback turnaround | 3 business days |
| Target for Ongoing Update delivery window | 5 business days* *3 business days for time sensitive business related changes as described in the Professional Services Terms |
3. Communication and Contacts.
| Role | Name / Contact |
|---|---|
| Mindbody Program Email | [email protected] |
| Assigned Website Specialist | To be assigned at project initiation* |
| Customer Primary Contact Name | As indicated during Customer checkout process |
| Customer Primary Contact Email | As indicated during Customer checkout process |
| * Mindbody will assign a website specialist to Customer to serve as the primary point of contact and technical lead for the Website Services. | |
4. Service Fees and Payment Terms.
All items described in the Scope of Website Services section and Deliverables section are included as listed on your Order Form. Any additional items require a Change Order and will be subject to Mindbody's then current rates.
All fees are non-refundable and non-cancelable as provided in the Professional Services Terms. Payment terms are governed by the Professional Services Terms.
5. Project Change Control Procedure.
The following process will be followed if a change to the scope of this SOW is required. For clarity, no Change Order is required for initial design iterations or Ongoing Updates:
A Change Order will be the vehicle for communicating a change. The Change Order must describe the change, the rationale for the change, and the effect the change will have on the project scope, timeline, or fees. The designated representative of the requesting party (Mindbody or Customer) will review the proposed change and determine whether to submit the request to the other party. Both parties will review the proposed change and approve it for further investigation or reject it. Mindbody will provide Customer with an estimated impact on project timeline and any additional costs associated with the requested change. Agreed-upon changes will be confirmed in a Change Order signed by both parties prior to implementation.
6. Termination.
This SOW will terminate upon the earlier of: (1) the completion of the Website Services specified above; (2) the termination of the Agreement or this SOW as set forth in the Agreement. Mindbody may terminate this SOW upon 30 days' notice if Customer materially breaches the terms of the Agreement.