Mental Support Project brief

Caring For Our Future, Our Children.
The purpose of this project is to make a web, IOS, and Android application to capture users’ mental health situation based on provided questionnaires and provide information regarding the nearest available medical/physiatrist consultant available in their area.
These applications must be developed and executed as per HIPPA standards in a way that no one may be able to retrieve any user’s information using any unfair means
DEVELOPMENT BENCHMARKS
The following benchmarks are expected to be met by the timelines indicated. If a Developer benchmark is not met within the specified timeline, that benchmark’s payment will be delayed until the benchmark is met. Additional information about the tasks described below is included in Exhibit A at the end of this document.
a. Web hosting, LMS identified and understood by Developer: 15 business days after contract has been signed by Developer and Customer. In consultation with the Customer, Developer will identify a suitable web host, identify an LMS and become familiar with its functionality and uses. Flows, schemas & Mapping completed, Wireframes Completd..
Payment:10% of the total payment
b. Design completion
The web design is created according to the target audience. Important points to consider the completion of this stage are: a theme, colour contract, where to place text, images, videos, etc. The design layout will structure website page is a systematic manner so that it would look appealing. Layouts defined, Webpage Core Designs Completed.
Payment:10% of the total payment

c. Database Completion: Entity Relationship Diagram Normalization, Keys & Constraint Assignment Encryption and Decryption
Algorithm definition
Payment:10% of the total payment

d. Functional Prototype - 15 business days after Developer receives approval from Customer to move forward with full development, Developer will develop the system functionality described in Items list of Exhibit A. This will include the integration of Description of work to allow initial usability testing.
Payment: 10% of the total PaymentSum
e. 1st round of user testing - Customer will test the functional prototype and will respond to Developer with written feedback and revisions (email To: developer email). Developer will complete the Customer revisions requested within 5 business days after receiving requested revisions.
Payment: 10% of the total Payment
f. Fully Developed System – 10 business days following completed revisions, the Developer will develop the complete training curriculum, adding the remaining tutorials, entering the remaining quiz items, creating the remaining quizzes, creating any additional reports, and pre- posttests.
Payment: 20% of the total Payment
g. 2nd round of field-based user testing - Customer will test the fully developed system and will respond to Developer with written feedback and revisions (email To: developer email). Developer will complete the Customer revisions requested within 5 business days after receiving requested revisions.
Payment: 10% of the total Payment $Sum

h. Training and documentation – Developer will train existing Customer staff and trainees to use and modify the training system. This will include creating the appropriate documentation and training materials suitable for training future Customer staff and trainees.
Payment: 20% of the total Payment (All Remainder)


MAINTENANCE OF SOFTWARE
Maintenance of the system will be provided under the existing terms of the agreement.
(a) telephone hot-line support during Developer's normal days and hours of business operation. Such support shall include consultation on the operation and utilization of the Software. Customer shall be responsible for all telephone equipment and communication charges related to such support; and
(b) error correction services, consisting of Developer using all reasonable efforts to design, code and implement programming changes to the Software, and modifications to the documentation, to correct reproducible errors therein so that the Software is brought into substantial conformance with the Specifications.
Customer's Role in Maintenance. The provision of the error-correction and support services described above shall be expressly contingent upon Customer promptly reporting any errors in the Software or related documentation to Developer in writing and not modifying the Software without Developer's written consent.
OWNERSHIP OF SOFTWARE
Customer shall retain all copyright, patent, trade secret and other intellectual property rights Customer may have in anything created or developed by Developer for Customer under this Agreement ("Work Product"). Subject to payment of all compensation due under this Agreement.

OWNERSHIP OF BACKGROUND TECHNOLOGY
Customer acknowledges that Developer owns or holds a license to use and sublicense various preexisting development tools, routines, subroutines and other programs, data and materials that Developer may include in the Software developed under this Agreement. This material shall be referred to as "Background Technology." Developer's Background Technology includes, but is not limited to, those items identified in the Exhibit, attached to and made a part of this Agreement.
Developer retains all right, title and interest, including all copyright, patent rights and trade secret rights in the Background Technology. Subject to full payment of the consulting fees due under this Agreement, Developer grants Customer a nonexclusive, perpetual worldwide license to use the Background Technology in the Software developed for and delivered to Customer under this Agreement, and all updates and revisions thereto. However, Customer shall make no other commercial use of the Background Technology without Developer's written consent
WARRANTIES
Developer warrants that for six (6) months following acceptance of the Deliverables by Customer, the Deliverables will be free from errors and defects in workmanship and materials and will substantially conform to the specifications in the Statement of Work (SOW) when maintained and operated in accordance with Provider's instructions.
If errors or defects are discovered during the warranty period, Provider shall promptly remedy them at no additional expense to Customer. After the warranty period, there will be a Service Level Agreement in place for maintenance and support of the platform.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
Developer warrants that Developer will not knowingly infringe on the copyright or trade secrets of any third party in performing services under this Agreement. To the extent any material used by Developer contains matter proprietary to a third party, Developer shall obtain a license from the owner permitting the use of such matter and granting Developer the right to sub-license its use. Developer will not knowingly infringe upon any existing patents of third parties in the performance of services required by this Agreement, but Developer MAKES NO WARRANTY OF NON-INFRINGEMENT of any United States or foreign patent.
If any third party brings a lawsuit or proceeding against Customer based upon a claim that the Software breaches the third party's patent, copyright or trade secrets rights, and it is determined that such infringement has occurred, Developer shall hold Customer harmless against any loss, damage, expense or cost, including reasonable attorney fees, arising from the claim.
This indemnification obligation shall be effective only if:
- Customer has made all payments required by this Agreement
- Customer has given prompt notice of the claim and permitted Developer to defend, and
- the claim does not result from Customer's modification of the Software.
To reduce or mitigate damages, Developer may at its own expense replace the Software with a non-infringing product.
LIMITATIONS OF DEVELOPER'S LIABILITY TO CUSTOMER
(a) In no event shall Developer be liable to Customer for lost profits of Customer, or special or consequential damages, even if Developer has been advised of the possibility of such damages.
(b) Developer's total liability under this Agreement for damages, costs and expenses, regardless of cause, shall not exceed the total amount of fees paid to Developer by Customer under this Ageement except to the extent such claim or demand relates to copyright, trade secret or other proprietary rights, and then only as provided in the section of this Agreement entitled Intellectual Property Infringement Claims,
(c) Developer shall not be liable for any claim or demand made against Customer by any third party except to the extent such claim or demand relates to copyright, trade secret or other proprietary rights, and then only as provided in the section of this Agreement entitled Intellectual Property Infringement Claims.
(d) To the extent permitted by applicable law, Customer shall be responsible for all claims, liabilities and costs, including reasonable attorney fees, of defending any third party claim or suit arising out of the use of the Software provided under this Agreement, other than for infringement of intellectual property rights. Developer shall promptly notify Customer in writing of any third party claim or suit and Customer shall have the right to fully control the defense and any settlement of such claim or suit.

DEVELOPER AN INDEPENDENT CONTRACTOR
Developer is an independent contractor, and neither Developer nor Developer's staff is, or shall be deemed, Customer's employees. In its capacity as an independent contractor, Developer agrees and represents, and Customer agrees, as follows:
a) Developer has the right to perform services for others during the term of this Agreement subject to non-competition provisions set out in this Agreement, if any.
b) Developer has the sole right to control and direct the means, manner and method by which the services required by this Agreement will be performed.
c) Developer has the right to perform the services required by this Agreement at any place or location and at such times as Developer may determine.
d) Developer will furnish all equipment and materials used to provide the services required by this Agreement, except to the extent that Consultant's work must be performed on or with Customer's computer or existing software.
e) The services required by this Agreement shall be performed by Developer, or Developer's staff, and Customer shall not be required to hire, supervise or pay any assistants to help Developer.
f) Developer is responsible for paying all ordinary and necessary expenses of its staff.

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