FabioPacifici.com Maintenance Agreement, Terms & Conditions
The following document covers the agreement as well as the terms and conditions for FabioPacifici.com’s retainer and/or maintenance 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) maintenance, consultancy and ongoing development work, which are outlined below. Services not considered standard maintenance and/or development tasks are subject to be charged at a regular hourly rate of £119.25, and will not be considered part of this contract.
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) codebase or content.
2. Scope of services
The scope of services include but are not limited to:
- Bug fixes to the existing codebase
- WordPress development such as plugins, themes and integrations etc.
- WordPress and web 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.
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 Maintenance contract (Maintenance plan) features
If you opt for one of our maintenance website plans, our contract includes the following features:
- Managed updates for plugins, themes, translations and WordPress itself once a week
- Daily backups with a 90 day archive in a self-serve repository
- Site migration to new hosting (if required)
- Uptime monitoring
- Automated security scans
- We will check for any updates once a week and apply these updates to our local site first, then your staging site and finally the live site should no issues occur. If problems do occur with an update, we will inform you of the issue. We can then formulate a plan in order to apply a fix, before proceeding to push the update to your live site.
- Our daily backups are stored on a Cloud storage folder, which you will be granted access to. By taking our a maintenance plan with us, you are agreeing to the Cloud Storage company that we will use and its terms and conditions. If your site does need restoring from a backup, we will always do our best to help immediately, but we guarentee to look into the problem within 3 working days.
- We will endevour to do our very best to migrate sites to other hosts, however sometimes things are out of our control and we need assistance from such hosts in this process. We are not repsonsible for the level or timescales of that assistance.
- If your site is down for a set period of time you will receive an email indicating this is the case. We also receive the same email and we will endeavour to assist you getting your site back online as fast as we can. It is important that we cannot guarantee your site will be brought back online in a fixed time period.
- Automated security scans happen daily and will report back to you of any problems found.
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. Maintenance requests received after 18:00 UTC may not be completed until the next business day unless prior arrangements have been made. 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.
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, either FTP, sFTP or SSH.
6. Payment details
Payment can either be made monthly or yearly. All payments are made upfront before work begins. Yearly payments receive a 15% discount on hourly rates.
Your first payment may be slightly more than recurring payments as it could include part of the current month.
7. Cancelling your contract
You can cancel your monthly maintenance plan within 30-day notice period. If you purchase an annual maintenance plan the notice period is 13 weeks. Notice must be given in writing. Any money owed to you after this period will be refunded at our discretion either at our monthly or yearly rates.
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.