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Terms & Conditions

  • 1. STRUCTURE AND INTERPRETATION

        1. These Master Terms and Conditions (“Terms”) govern the provision of all website design, hosting, SEO, digital marketing, and creative services provided by Gotimo (“We”, “Us”, “Our”) to the client named in the accompanying Order Form (“You”, “Your”).
        2. Gotimo is the trading name of View from the shore Limited, a company registered in England and Wales under company number 16469634, whose registered office is at C/O AJS Accountants Ltd, Ajs, Ermine Business Park, Huntingdon, Cambridgeshire, PE29 6XU.
        3. Together, these Terms and the signed Order Form constitute the entire legal agreement between us (the “Contract”). If there is any direct conflict between these Terms and the Order Form, the Order Form will take priority.

    • 2. CONTRACT TERM AND AUTOMATIC RENEWAL

        1. The Contract begins on the Commencement Date specified in the Order Form.
        2. For recurring services, the Contract will remain in force for an “Initial Term” of 12 months (unless a different period is explicitly written on the Order Form).
        3. Auto-Renewal: To ensure continuity of your website hosting, SEO, and marketing campaigns, the Contract will automatically renew at the end of the Initial Term for successive periods of 12 months (each a “Renewal Term”).
        4. Cancellation Notice: If either party does not wish to renew the Contract, they must provide written notice via email at least 60 days prior to the end of the current Initial Term or Renewal Term.

    • 3. OUR SERVICES

        1. We will provide the services specified in the Order Form with reasonable skill and care, in accordance with good industry practice.
        2. One-Off Projects (e.g., Website Builds): We will work towards any estimated timelines provided. However, delivery is heavily dependent on you providing necessary materials (copy, imagery, credentials) on time. Delays caused by slow client feedback may push back project timelines.
        3. Recurring Services (e.g., Hosting, SEO): These services are provided on an ongoing monthly basis during the Contract Term. While we aim for 100% hosting uptime, occasional maintenance may cause brief, scheduled disruptions, which we will minimise where possible.

  • 4. CLIENT OBLIGATIONS

        1. To allow us to do our job effectively, you agree to:
          1. Provide text, images, and brand assets required for your project in a timely manner.
          2. Ensure that all content you provide to us does not infringe on anyone else’s copyright.
          3. Review drafts and provide constructive feedback within 5 business days of our request.

  • 5. FEES, PRICE ADJUSTMENTS, AND PAYMENT

        1. You agree to pay the fees set out in the Order Form according to the specified payment milestones or monthly billing cycle.
        2. Monthly recurring fees are billed in advance. One-off projects are typically billed as a percentage upfront and a percentage upon completion, or as otherwise outlined on your Order Form.
        3. Late Payments: If a payment is overdue by more than 14 days, we reserve the right to suspend all services (including taking down website hosting or pausing active marketing campaigns) until balances are cleared.
        4. Price Adjustments: We may review and adjust our recurring monthly fees ahead of any Renewal Term. We will provide you with at least 90 days’ written notice of any price increase. If you do not wish to accept the new pricing, you retain the right to terminate the contract using the standard 60-day notice period.

  • 6. INTELLECTUAL PROPERTY (IP) RIGHTS

        1. Your Content: You retain all ownership and IP rights for any materials, copy, logos, or  images you supply to us.
        2. Our Deliverables (e.g., your finished website code or graphics): Upon receipt of final and full payment for a project, we transfer ownership of the custom frontend website design and creative deliverables to you.
        3. Exclusions: We retain ownership of our pre-existing methodologies, underlying software, code libraries, plug-ins, or third-party tools utilised to host or build your website. You are granted a non-exclusive, non-transferable license to use these elements solely for the purpose of operating your website during the term of our hosting.

  • 7. DATA PROTECTION, SECURITY AND CREDENTIALS

        1. Roles and Compliance: Both parties will comply with their respective obligations under  applicable UK Data Protection legislation (including the UK GDPR and Data Protection Act 2018). Where We process personal data (including PII) on your behalf, You are the Data Controller and We are the Data Processor. 
        2. Security Measures: We shall maintain appropriate technical and organisational security measures to protect your systems, credentials, and personal data. This includes accessing your accounts on a least-privilege basis, utilising secure password management tools, and enforcing multi-factor authentication (MFA) where available.
        3. Account Credentials: To perform the Services, you may provide us with access tokens, login credentials, or administrative access to third-party platforms (e.g., Google Business Profile, WordPress backend). You represent that you have the right to share these credentials. We will keep these strictly confidential and restrict access only to personnel who require them.
        4. Security Incidents: We shall notify you without undue delay, and in any event within 48 hours, of becoming aware of any actual personal data breach or unauthorised access affecting the systems directly managed by Us that contain your data or credentials.
        5. Sub-processors: You give us general written authorisation to use industry-standard sub-processors and third-party tools (such as hosting providers, SEO software, and email marketing platforms) to deliver the Services, provided they maintain appropriate data security standards.
        6. Return or Deletion: Upon written request following the termination or expiry of this Contract, We will promptly and securely delete or return all client credentials, access tokens, and personal data in our possession, except where retention is required by applicable law.
        7. Limitation of Liability: For the avoidance of doubt, all claims, losses, or damages arising under this Clause 7 (including any data protection breaches or security incidents) remain strictly subject to the baseline limitation of liability cap set out in Clause 8.2.

    • 8. LIMITATION OF LIABILITY

        1. Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
          1. death or personal injury caused by negligence;
          2. fraud or fraudulent misrepresentation; and
          3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982, or 12 of the Sale of Products Act 1979 (title and quiet possession); or
          4. any other liability that cannot be limited or excluded by law.
        2. Because we work primarily with small businesses, we keep things fair. Neither party will be liable whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
          1. any loss of profits, sales, business, or revenue; 
          2. loss or corruption of data, information or software; 
          3. loss of sales or business opportunity;
          4. loss of agreements or contracts;
          5. loss of anticipated savings;
          6. loss of or damage to goodwill; and
          7. any indirect or consequential loss.
        3. Subject to 8.2, our total liability to you arising under or in connection with the Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be strictly limited to a maximum of £1,000,000.

  • 9. TERMINATION FOR CAUSE

        1. 9.1 Either party may terminate this Contract immediately by written notice if the other party:
          1. Commits a material breach of this Contract and fails to remedy it within 30 days of being notified in writing.
          2. Becomes insolvent, bankrupt, or enters liquidation.

  • 10. GOVERNING LAW

      1. This Contract, and any dispute arising out of it, is governed by and construed in accordance with the laws of England and Wales, and both parties submit to the exclusive jurisdiction of the courts of England and Wales.

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