Terms of Service & Engagement Regulations

These Terms of Service ("Terms") govern your use of the Pacific Solutions website and any consulting engagement between you ("Client") and Prashanta Paudel, trading as Pacific Solutions, a sole proprietorship (toiminimi) based in Helsinki, Finland ("Pacific Solutions", "we", "us"). By using this website or engaging our services, you agree to these Terms.

1. Acceptance of these terms

Browsing this website constitutes acceptance of the general terms below. Any paid engagement is additionally governed by a specific, signed Statement of Work ("SOW") or proposal, which takes precedence over this page in the event of a conflict.

2. Description of services

Pacific Solutions provides independent consulting across six practices: Cloud & Infrastructure Architecture; DevOps & Platform Engineering; Custom Software Engineering & Modernization; Site Reliability Engineering & Observability; Security, Compliance & Governance; and Strategic Technology Consulting. All services are provided on a case-by-case basis — no service is delivered as a generic, fixed package unless explicitly agreed in a signed SOW.

3. Engagement process & rules of engagement

1. Discovery: an initial, no-obligation conversation to understand the Client's problem and constraints.
2. Proposal: a written proposal or SOW defining scope, deliverables, timeline, engagement type (Advisory / Project / Retainer), and price.
3. Confirmation: the engagement begins only once the Client confirms the proposal in writing (email is sufficient) and, where required, pays any agreed deposit.
4. Delivery: work proceeds according to the agreed scope. Material changes to scope are handled via a written change order, which may adjust price and timeline.
5. Communication: primary communication channels (email, video call, or a shared workspace such as Slack) are agreed at kickoff. Response times are as stated in the SOW or, absent that, within 1–2 business days.

4. Fees, invoicing & payment terms

• All fees are quoted in Euros (EUR) and exclude VAT, which is added where legally required under Finnish and EU law.
• Advisory engagements are billed hourly, in arrears, typically monthly or at engagement completion.
• Project engagements are billed per the milestone schedule in the SOW; a deposit (typically 30–50%) is generally required before work begins.
• Retainer engagements are billed monthly in advance.
• Invoices are due within 14 days of issue (Net 14) unless otherwise agreed in writing. Overdue invoices accrue statutory late-payment interest under the Finnish Interest Act (Korkolaki).
• Pacific Solutions reserves the right to pause work on any engagement with invoices overdue by more than 14 days, after written notice.

5. Intellectual property

• Upon full payment, the Client owns all custom deliverables created specifically for that engagement (e.g. application code, IaC modules, architecture documents), unless the SOW states otherwise.
• Pacific Solutions retains ownership of its pre-existing tools, scripts, frameworks, methodologies and general know-how used to deliver the engagement, and may reuse non-confidential learnings and generic components in future work for other clients.
• Third-party software, libraries and platforms used in delivery remain subject to their own respective licenses.

6. Confidentiality

Both parties agree to keep confidential any non-public business, technical or financial information disclosed during the engagement, and to use it solely for the purpose of the engagement. A mutual Non-Disclosure Agreement (NDA) is available on request and is standard practice for engagements involving sensitive systems or data.

7. Warranties & disclaimers

Pacific Solutions will perform services with the reasonable skill and care expected of a senior professional in the field. Except as explicitly stated in a signed SOW, services are provided "as is" without warranties of any kind, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. We do not guarantee specific business outcomes (such as a specific cost reduction, uptime figure, or revenue impact) unless such a target is explicitly defined and contractually agreed as a deliverable.

8. Limitation of liability

• To the maximum extent permitted by applicable law, Pacific Solutions' total liability arising from any engagement is limited to the total fees paid by the Client for that specific engagement in the 12 months preceding the claim.
• Pacific Solutions is not liable for indirect, incidental, consequential, or special damages, including loss of profits, data, or business opportunity, arising from the use of our services.
• Nothing in these Terms limits liability for gross negligence, wilful misconduct, or any liability that cannot be excluded under mandatory Finnish or EU law.

9. Independent contractor status

Pacific Solutions operates as an independent contractor and sole proprietorship, not as an employee, agent, partner, or joint venturer of the Client. Nothing in these Terms creates an employment relationship. Pacific Solutions is responsible for its own taxes, insurance, and statutory obligations as a Finnish toiminimi.

10. Termination

• Either party may terminate an ongoing engagement with 14 days' written notice, unless a different notice period is specified in the SOW.
• Retainer agreements may be cancelled by either party with 30 days' written notice.
• Upon termination, the Client pays for all work completed and expenses incurred up to the termination date. Pacific Solutions will deliver a handover of completed work product.
• Pacific Solutions may terminate immediately in case of non-payment beyond 30 days or a material breach of these Terms.

11. Force majeure

Neither party is liable for delay or failure to perform obligations due to events beyond its reasonable control, including natural disasters, war, civil unrest, internet or utility outages, or governmental action.

12. Governing law & disputes

These Terms and any engagement with Pacific Solutions are governed by the laws of Finland, without regard to conflict-of-law principles. Any dispute that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of Helsinki, Finland, unless mandatory consumer-protection law provides otherwise.

13. Changes to these terms

We may revise these general Terms from time to time; the "Last updated" date above reflects the most recent revision. Changes do not retroactively affect an already-signed SOW. Continued use of this website after changes constitutes acceptance of the revised Terms.

14. Contact

Questions about these Terms can be sent to prashant@prashantapaudel.com.np.