FabioPacifici.com Consultancy and Development Agreement Terms & Conditions
The following document covers the agreement as well as the terms and conditions for FabioPacifici.com’s consultancy and/or development plans.
These terms and conditions layout, in as simple language as we can, our expectations. They are intended to protect you and us from anything unexpected happening when we are working together.
For the purposes of these terms and conditions, “we”, “us” and “our” refers to FabioPacifici.com., and “you” and “your” refers to you or the organisation that you represent.
1. Our agreement
You are entering into a contract with us, as a provider of website(s) development, and or consultancy, which are outlined below. Services not considered standard development and/or consultancy tasks are subject to be charged at a regular hourly rate of £119.25, and will not be considered part of this contract.
For Development services, for the duration of this contract, you agree that we will be the sole provider of the services outlined in this agreement, for the website(s) and no other party, other than yourself, will have access or the rights to change the website(s) code base or content.
2. Scope of services
The scope of services include but are not limited to:
- WordPress development such as plugins, themes and integrations etc.
- WordPress and web site consultancy, via email or video call
- Magento 2 development such as extensions, themes and integrations etc.
- Magento 2 and web consultancy, via email or video call
- Laravel development such as features, integrations etc
- Laravel and webconsultancy, via email or video call
2.1 How work is done
You agree to use our preferred project management software Jira to lineup tasks and track progress of work.
For Development services, You will add all tasks to this software using the procedures we outline to you. Tasks added to your Jira board will be assigned a priority and then a person in charge. This person will complete the work, communicating with you before asking for the tasks to be reviewed. Throughout this process, we use time tracking software to track the time we have spent on tasks.
At the end of each month, we will provide you with a time report on the tasks that have been completed, if you request one. If you have used less time that the agreed monthly hours, these can only be rolled over at our discretion.
We will notify you if your time is running out in any month and ask you what you would like to do. This will either be to stop working for the current month and carry on the following month or to be billed for additional hours at the end of the month. Any additional hours to be billed will be at a rate of £119.25 / hour.
2.2 Development contract (Development plan) features
If you opt for one of our development website plans, our contract includes the following features:
- Project’s scoping session, and back log creation
- Project management and progress tracking.
- Design and prototyping.
- Development and integrations
- Site migration to production server
- Third party integrations are subject to approval and a separate quote will be provided to additional work
2.3 Consultancy and Project Management Services
For our consultancy services, including project management activities, you agree to use our preferred project management software Jira to lineup tasks and track progress of work, and you agree to use Zoom to organize video conferences and team meetings for status updates.
If you opt for our Consultancy services, our contract includes the following features:
- A scooping session with the client in English and/or Italian.
- Project brief and backlog creation in English
- Project status updates and monitoring tasks via Jira
- Client’s meetings and project status updates in English and/or Italian
- Team meetings and project status updates in English and/or Italian
Scooping sessions in Italian will involve native Italian speakers with either technical or none knowledge at our discretion and depending on the meeting scope and its requirements on a given stage of the project.
All meetings are carried on via Zoom meeting, or via phone if agreed in advance.
Phone calls to any European country will be charged at a standard rate of 20 p per minute plus a 30 p connection fee.
A phone calls budget must be agreed in advance before the consultancy begins and paid upfront on a monthly basis.
Any call exceeding the budget will be invoiced at the end of the month and must be paid within 7 days.
3. Deadlines & Deliverables
We will respond to all requests from you within 24 hours on weekdays and within 48 hours on weekends, via email or our preferred project management tool of choice, usually Jira or team collaboration tool usually Slack, and video conferencing usually Zoom. Requests received after 18:00 UTC may not be addressed until the next business day. We will aim to complete the work as fast as possible and will give you an indication of this time frame once we have agreed on a solution.
For Development plans you hereby authorise us to host a local copy of your site, and a remote staging server (protected via user logins) of the website site which will be used to test functions and changes on, if we deem it appropriate. Updates to the site’s code will be pushed to your live site using our deployment tools and require access to the live site with appropriate credentials SSH.
For consultancy and project management services you herby authorize us to host on our Jira account all details and tasks related information about your project. You and/or your technical team leader or client will be granted access to your project to keep track of work progresses.
6. Payment details
All payments are made upfront before work begins. Payments must be submitted via our online services store by purchasing one of our services here.
6.1 Development Plan Payments
A Discretionary 50/25/25 payment plan is available for all our development plans. Your first payment must be at least 50% of the plan. The Website or Web application will not be delivered until full payment is received.
6.1 Consultancy and Project Management Payments
For our consultancy and project management services all payments are made up front before work begins.
Payments can be made either on a hourly basis, on by purchasing a batch of ours to be consumed on a weekly, or monthly basis via our website.
A maximum of 7 hours will be used on a single day, 35 hours on a week and a maximum of 140 hours in a month. Hours in excess will be calendarized on the following day, week or month.
For hourly and weekly payments you have 30 days from the date of your purchase to use our service. For monthly payments you have 60 days.
7. Cancelling your contract
You can cancel your development plan or consultancy/project management services within 30-day notice period. Notice must be given in writing. If you purchase a development plan and paid in advance you will be refunded the amount you paid less the work we have done up to the date we receive your notice. If we incurred in any expense as part of the development these will be deducted as well.
If you purchased our consultancy / project management services you will be refunded any hour not used minus any expense we have incurred as part of the service provided.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be one.
The seat, or legal place, of arbitration shall be London .
The language to be used in the arbitral proceedings shall be English.
The governing law of the contract shall be the substantive law of England and Wales.