This Data Migration Statement of Work (as amended from time to time, this “Statement of Work”) is agreed to pursuant to the terms of the Order Form to which this Statement of Work is attached by between SUREPOINT TECHNOLOGIES, INC. (“SurePoint”) and the licensee who is a party to the relevant Order Form (“Client”, or sometimes “you” or “your”); and each of Client and SurePoint, a “Party” and, collectively, the “Parties”). The General Terms and Conditions are incorporated herein by reference and set forth at: https://surepoint.com/terms-and-conditions (the “General Terms and Conditions”). This Statement of Work governs SurePoint’s obligation to provide the Migration services described herein (the “Migration Services”) and together with the General Terms and Conditions, the Order Form, the other documents incorporated by reference into this Statement of Work, and the policies, documents, exhibits, schedules, addenda, annexes and/or appendices attached or incorporated by reference herein or therein, each as amended from time to time, are sometimes collectively referred to herein as the “Agreement”. Capitalized terms used but not defined in this Statement of Work have the meanings assigned to them in either (i) the General Terms and Conditions, or (ii) the Glossary of Terms set forth below.
SurePoint’s Migration Services facilitate a transition to your SurePoint system. Our services are designed to support your firm’s daily operations and long-term objectives.
The Migration Services outlined in this Statement of Work establishes the scope of data to be migrated between the Client’s SurePoint systems. Please work with your SurePoint Project Manager with respect to any questions or requested changes to this scope. Changes to the scope of the Migration Services may only be binding on SurePoint upon SurePoint’s due execution of a written Change Order document. SurePoint shall have no liability or responsibility for any delays in the performance of the Migration Services caused in whole or in part by Client’s failure to adhere to the process and timelines set forth in this Statement of Work.
The following sets forth data that will be included in the Migration Services:
| Record Type | Comments |
|---|---|
| Clients | Client Name, Client Number, Open Date, Close Date, Status, Description, Client Attorney Designations (Up to 2), Up to 10 User Defined Fields, If available in data: Designated task list, designated activity code list, LEDES Client ID, Claim Number |
| Matters | Matter Name, Matter Number, Practice Area (Matter Type), Open Date, Close Date, Status, Description, Matter Attorney Designations (Up to 2), Matter Split Attorney Designations (Up to 2), Up to 10 User Defined Fields, If available in data: Designated task list, designated activity code list, LEDES Matter ID, Claim Number |
| Tasks / Activity Codes | Optional: Linked Client, Linked Matter, Task Name |
| Notes | Optional: Linked Matter, Date, Memo (Description) |
| Contacts | First Name (If individual), Last Name (If individual), Company Name (If organization), Address, Phone Number(s), Email Address(es) |
| Addresses | Will convert standard address fields, and will link one billing address to clients, matters, contacts, vendors |
| Trust Transactions | Will convert trust transactions for receipts, payments, and transfers *** |
| Matters with Trust Balances | Will balance by matter for Migration year/period *** |
| Unbilled WIP Time/Fees | Will convert detail and will balance by matter for Migration year/period *** |
| Unbilled WIP Expenses | Will convert detail and will balance by matter to reports provided by client for Migration year/period *** |
| Unpaid, Partially Paid Invoices | Will convert detail invoice record, adjustments, and associated payment record(s) |
| Fully Paid Invoices | Will convert detailed invoice record, adjustments, and associated payment record(s) |
| Matters with A/R Balances | Will balance by matter for Migration year/period |
| Billed Time/Fees | Will convert detail time entries |
| Billed Expenses | Will convert detail expenses |
| Rates per Timekeeper | Standard, Non-Billable, Override Rates migrated *** |
| Clients with Specific Rates | Override Rates are migrated *** |
| Matters with Specific Rates | Override Rates are migrated *** |
| Email Addresses | *** |
| Vendors | Vendor Number, Vendor Name, Vendor Address, 1099 Name, 1099 Code, SSN/EIN, *** |
| Accounts Payable | Open accounts payable by vendor for Migration year/period *** |
| Account Payable Banks | Bank Number, Account Number |
*** SurePoint will use best practices to provide Client with a full detail Migration. However, due to differences in system functionality, database design, and data quality, SurePoint cannot guarantee historical statistics will fully and completely align.
While reasonable efforts will be made to migrate data accurately and align with project objectives as set forth in the Project Plan, some discrepancies, omissions, or adjustments may be unavoidable. SurePoint recommends that the Client review your migrated data to identify and address any associated issues or concerns. SurePoint assumes no liability for any differences or loss of functionality. It is the client’s responsibility to review and validate migrated data to confirm it meets operational requirements.
While SurePoint will employ commercially reasonable best efforts to transition essential business data, certain data items are either excluded from the scope of this project or cannot be migrated. Data and associated services that will not be included in the Migration Services are listed below.
| Record Type | Comments |
|---|---|
| Any Record Type Not Identified within the included Data Migration Parameters | |
| Additional Data Sources Not Identified within the Included Data Migration Services Scope of Work | |
| System Settings from Legacy Database or Application | This will be addressed during Configuration tasks. |
| Problems caused by material deficiencies in Client's hardware, network and/or internet connectivity | |
| Fixing Corrupt Records | |
| Resolving Data Integrity Errors | |
| Data Restructuring | |
| Data Cleansing | |
| Resolving Duplicate Data Records | |
| Correcting Spelling or Grammar Errors | |
| Cleaning up Address Information | |
| Resolving Billing or Accounting Errors | |
| Custom Fields | |
| Validation of Legacy Data | |
| System Images | Additional scoping required |
| Events / Appointments | Additional scoping required |
| Documents | Additional scoping required |
To supplement its Migration Services offering, SurePoint may from time to time agree to provide custom Migration Services as Client may request (“Custom Services”). Upon request, SurePoint can provide a written estimate for such Custom Services. The following are (for the avoidance of doubt) a few examples of items that are not included in the Migration Services offering but may be addressed via a Custom Services engagement memorialized in a separate Order Form:
The Migration Services will not restore or rehabilitate old or corrupted data. If data manipulation is desired, please contact your Project Manager to assist in preparing a Change Order for these additional services. Please also note that a change in Migration scope could impact the Project Plan.
The scope of the Migration Services is limited to data originating from a single source unless otherwise specified in the relevant Order Form at the time of contract execution. If data is stored in multiple databases or data is provided in multiple formats, custom Migration Services and additional costs will be required. For client data and reports, your Project Manager will provide you with instructions on how to transfer your data. Once a data format is received and mapped, the format cannot be modified. Below are the approved formats:
To mitigate the risk of data corruption, Client staff should exit the software prior to pulling the data and restrict the processing of any transactions during this time.
If the Client is unable to provide data in one of SurePoint’s approved formats listed above, the Client is responsible for ensuring the data is delivered.
The Client assumes full responsibility for selecting and coordinating an appropriate option to establish data compliance with SurePoint’s requirements. Should SurePoint be required to expend additional staff resources to accomplish data extraction outside of the selected option, SurePoint may charge Client for such staff resources at its then-current work rates.
Matching reports serve as critical tools to validate the accuracy and integrity of the data Migration, ensuring that your new system aligns with your firm’s historical data. The Client will need to generate these reports from your legacy SurePoint system, allowing for a comparison to verify the Migration’s validity. SurePoint will utilize these reports to review balancing items listed in the chart below. It is the Client’s responsibility to ensure that the reports provided at the time of data deliveries accurately correspond to the extracted data, as failure to do so will prevent verification of the Migration. SurePoint will aim to balance the following items only:
SurePoint will transfer historical data into the SurePoint platform accommodating for the balancing items:
| Balancing Item | Scope |
|---|---|
| Unbilled Time | Client/matter unbilled time entries as of the data extraction date and time. |
| Unbilled Cost | Client/matter unbilled cost entries as of the data extraction date and time. |
| Accounts Receivable | Client/matters unpaid invoices as of the data extraction date and time. |
| General Ledger | Trial balances for last 2 full years. |
| Trust | Client/matters balances only as of the data extraction date and time. |
| Unapplied Cash | Client/matters balances only as of the data extraction date and time. |
The legacy data will be searchable; however, SurePoint cannot guarantee that historical data will be error free. Enhanced balancing services may be available via a separate engagement agreed upon in writing by a duly authorized SurePoint representative for which SurePoint may charge Client for required staff resources at its then-current work rates.
The Migration Services shall not include balancing Monthly, Yearly or Life To Date “Activity” statistics. However, such services may be available as Custom Services. If additional requests are desired, please contact your Project Manager to assist in preparing a Order Form for such Custom Services. Please also note that a change in scope could impact the Project Plan. Referenced statistics not included are listed but not limited to:
Client shall report any discrepancies found during the data Migration verification process to SurePoint using the following method:
SurePoint’s Project governance provides the framework for managing the Delivery Services project lifecycle. To accomplish this, SurePoint will define and manage the Project Plan, including phases, deliverables, and responsibilities; establishes the escalation path for resolving issues; and oversees the Change Order process for scope, timeline, or budget adjustments. The Client is obligated to provide timely approvals, feedback, and necessary resources; participates in issue resolution per the escalation path; and reviews and approves any proposed changes through the Change Order process. Both parties agree to communicate promptly and proactively to identify risks early, maintain transparency in decision-making, and adhere to mutually agreed timelines for escalations and Change Management. This governance structure fosters collaboration, adaptability to project needs, and supports the delivery of Delivery Services.
SurePoint’s project plan (the “Project Plan”) for Delivery Services follows a structured, four-phased methodology: Phase 1 (P1). Planning & Scoping, Phase 2 (P2). Configuration, Testing & Training, Phase 3 (P3). Go Live, and Phase 4 (P4). Transition to Support. The conclusion of each phase will be finalized with a sign-off (“Control Point”). Each phase outlines specific objectives, tasks, deliverables, and responsibilities, providing a clear roadmap for the Delivery process. Phase Acceptance Control Points are integrated into the plan to confirm adherence to scope, budget, timeline controls, and quality standards. SurePoint manages and executes the activities in each phase, ensuring deliverables align with project expectations, while the client provides timely feedback, approvals, and required resources. This comprehensive Project Plan facilitates a well-organized, collaborative, and successful Delivery process.
The Project Management Triangle represents the interdependent constraints of budget, timeline, and scope. Any modification to one of these elements (e.g., an increase in scope) necessitates corresponding adjustments to the others (e.g., cost and schedule). Effective project management relies on the ability to balance these constraints while accommodating necessary changes through a formal change control process.
In the event of any changes to the scope of work, the Change Order Process shall be initiated. All proposed changes will be documented through a Change Request, which will outline the nature of the change, provide cost estimates, identify impacts to the project schedule, and assess any associated risks. Each Change Request shall be subject to review and must receive written approval from both parties before it becomes a formal amendment to the Statement of Work. This process ensures that any changes are properly evaluated, aligned with stakeholder objectives, and formally agreed upon, maintaining the integrity of the project’s budget, timeline, and scope. Client will use its good faith efforts to either approve or disapprove any Change Request within five (5) Business Days (or other period as mutually agreeable between SurePoint and Client).
SurePoint is committed to a structured and collaborative approach to identifying and resolving project challenges. The escalation process establishes that both SurePoint and the Client address concerns in a methodical and timely manner, preventing unnecessary disruptions while maintaining project alignment.
Escalations follow a tiered governance model, as outlined below:
At each stage of escalation, the responsible governance tier is expected to present recommendations and supporting documentation to facilitate an informed resolution process.
To enable a fair and efficient complaint resolution process, the Client agrees to follow the following escalation process and structured notification and response timelines:
As a condition to Client’s right to receive the Delivery Services in accordance with the Agreement, Client shall undertake the following responsibilities, subject to and accordance with SurePoint’s reasonable direction and requirements:
To achieve a successful Delivery of the project, it is essential that decision-making responsibilities are clearly defined. The Client is required to appoint decision-makers and authorized proxies who have the authority to approve deliverables and make timely decisions on behalf of their respective teams. Both SurePoint and the Client will designate project managers responsible for coordinating stakeholder feedback and securing approval of deliverables. The following process will be used for accepting Deliverables and Control Points:
This process is designed to foster accountability, enable timely decision-making, and promote clear and effective communication, all of which are critical to maintaining project momentum and adhering to the Project Plan. Non-compliance with the decision-making and Deliverable Acceptance process may necessitate adjustments to the Project Plan or require a Change Order to accommodate additional scope.
1. Project Plan: SurePoint and Client shall in good faith discuss the Project Plan during the kickoff call. Promptly after the date hereof, SurePoint and Client will schedule a status call to refine and finalize the Project Plan. SurePoint will promptly thereafter provide Client with a written Project Plan consistent with such discussion. Client shall have five (5) business days from its receipt of such draft Project Plan to review and provide written comment or approval. In the event Client has comment, the parties will promptly meet again to resolve any issue in good faith, and such process shall be repeated until concerns are resolved. If Client does not approve or provide comment the Project Plan within such timeframe(s), SurePoint reserves the right to release assigned resources until such approval is received. Any resulting delay may result in corresponding delay in project completion.
2. Additional Fees: The Client is responsible for ensuring the availability of required personnel and the timely delivery of all necessary inputs for scheduled sessions, reviews, approvals, and deliverables. SurePoint’s Project Manager will serve as the primary point of contact to coordinate these responsibilities and to address any changes or updates to the project. If SurePoint is unable to complete a phase as outlined in the project plan due to delays caused by missed client deliverables or appointments, adjustments to the project timeline may be necessary.
In the event of project delays caused by the Client’s failure to meet agreed-upon deliverables, follow the project governance, and/or adhere to the project plan, SurePoint reserves the right to adjust the Project Plan and impose additional fees based on the actual cost incurred by SurePoint to cover the scheduled Delivery resources who we are unable to be productively reassigned during the period of such delay. Circumstances that may trigger such additional fees include (but are not limited to) any Client failure to accomplish the following:
2.1. Failure to Meet Deadlines: In the event of project delays caused by the Client’s failure to meet agreed-upon deliverables, follow the project governance, and/or adhere to the project plan, SurePoint reserves the right to adjust the Project Plan and impose additional fees based on the actual cost incurred by SurePoint to cover the scheduled Delivery resources who we are unable to be productively reassigned during the period of such delay. Circumstances that may trigger such additional fees include (but are not limited to) any Client failure to accomplish the following:
2.1.1. Delay of Client Deliverables (More than 5 Business Days): SurePoint may extend the project timeline proportionately to reflect the delay.
2.1.2. Extended Delays (More than 10 Business Days): If a single phase of the project is delayed beyond 10 business days, SurePoint may suspend project work until a revised timeline is agreed upon. Additional fees will be charged to cover the cost of re-engaging resources, recalibrating project plans, and adjusting deliverables. This fee will be determined based on the resource costs incurred and the level of rework required to resume the project.
2.2. Failure to Follow the Escalation Path for Complaints: If the Client does not follow the established escalation path set forth above, additional time required to address and resolve the issue may result in additional fees and/or adjustments to the Project Plan.
2.3. Non-Responsive Communication and/or Late Cancellation of Meetings:
2.3.1. Cancellations or rescheduling with less than 24 hours’ notice will result in rescheduling fees to compensate for allocated resource time.
2.3.2. If Client feedback, deliverables, meetings or control points are delayed beyond the timeframes set forth in the Project Plan and such delay continues beyond written notice thereof from SurePoint.
2.4. Rescheduling the Project and/or Go Live: If Client requests to adjust the Go Live date from the agreed upon date established in the Project Plan, SurePoint reserves the right to charge additional fees based on the actual cost to cover the scheduled Delivery resources who are unable to be reassigned during the delay in addition to the cost of re-engaging resources, recalibrating project plans, and adjusting deliverables. This fee will be determined based on the resource costs incurred and the level of rework required to resume the project.
2.5. Additional Training or Consulting Requests: Any training, consulting, or documentation beyond the scope outlined in the Order Form will require scoping and a Change Request. Please work with your Project Manager to coordinate and understand impacts to the Project Plan.
2.6. Data Reformatting or Preparation: SurePoint will provide a Change Request outlining additional costs and/or options for any reformatting or preparation of Client-provided data that falls outside the scope of the Delivery Services package as defined in the Order Form.
2.7. Unexpected Resource Requirements: Any need for additional resources due to client issues or requests, such as unavailability of team members, miscommunication of deliverables or additional resources, may result in additional fees and/or changes to the project plan. Please note that resource requests are subject to availability.
Client acknowledges that delivery services are subject to the possibility of human and machine interpretation differences or misalignments, which may result from variations in communication, configuration, or understanding during the course of the project. Any misalignment, error or notification must be reported to SurePoint in writing within 30 days of client’s specified “Go Live” date. Should a dispute be reviewed and determined to be a result of a SurePoint-related error, correction will be made at no additional charge to the Client. Client acknowledges that the delivery is not an exact replication of source due to differences in data structure and functionality between source and SurePoint. Disputes reported beyond the 30-day window may require a formal change request and must adhere to our established support process.
| Word or Term | Definition |
|---|---|
| Acceptance | Confirming that the output or deliverable is suitable and conforms to the agreed upon criteria. |
| Change Request | A form used as part of the Change Control process whereby changes in the scope of work, timeline, resources, and/or budget are documented and agreed upon by participating parties. |
| Change Management | Guides how SurePoint and Client need to prepare, equip and support individuals to successfully adopt change to drive organizational success & outcomes. |
| Change Order | Agreement used as part of the Change Control process whereby changes in the scope of work, timeline, resources, and/or budget are agreed upon by participating parties. |
| Go Live | Phase 3. The point in time when the Client is using the SurePoint software to conduct daily operations in Production. |
| Legacy System | The software from which a client is migrating. |
| On-site | Indicates the work location is at one or more of the client’s physical office or work environments. |
| Phase(s) | A key project milestone where deliverables are produced, reviewed, and approved. It serves as a Control Point to establish alignment, manage progress, and maintain accountability before advancing to the next phase. |
| Remote | Indicates the work location for the designated SurePoint resource is at one or more of SurePoint’s physical offices or work environments. |
