Terms of Service

Note before publishing: this is a working draft prepared for GoTo Communications, not legal advice. Complete every field marked [INSERT] and have a South African commercial attorney review it before it goes live, particularly clauses 6, 9, 10 and 11. Delete this paragraph once done.

1. Who these terms bind

These terms apply between GoTo Communications (Pty) Ltd, registration number [INSERT] ("GoTo", "we", "us"), and any person or organisation that uses this website or engages us for services ("you").

Part A applies to everyone using the website. Part B applies once you engage us for services.

Part A: Website terms of use

2. Use of this site

You may read, print and share this site's content for your own information and internal business use. You may not republish it commercially, scrape it at scale, or present it as your own work.

3. Content is information, not advice

Frameworks, articles, benchmarks, checklists and calculators on this site are published for general guidance. They are not consulting, legal, financial or compliance advice, and no advisory relationship arises from reading them. The ROI calculator produces an indicative estimate from figures you enter; it is not a forecast, and actual results depend on factors it does not model.

4. Case studies and figures

Projects labelled "concept demonstration project" are illustrative examples of our method and the results the method is designed to produce. They are not records of completed client engagements unless expressly stated. Figures shown for such projects are modelled, not audited outcomes.

5. Third-party links and embedded content

We link to third-party sites and embed third-party content, including scheduling and mapping services. We do not control them and are not responsible for their content, availability or privacy practices.

Part B: Engagement terms

6. Scope, proposals and changes

Every engagement is governed by a written proposal stating deliverables, assumptions, exclusions, timelines, fees and the number of revision rounds included. Work begins once you accept the proposal in writing and any required deposit is received.

Work outside the stated scope follows a documented change-request process: we quote it, you approve it in writing, then we do it. We do not issue surprise invoices.

7. Your responsibilities

Timely delivery depends on you providing content, approvals, access and feedback within agreed timeframes, and on nominating one person empowered to approve on your behalf. Delays on your side move the timeline by at least the length of the delay. Where a delay exceeds [INSERT, e.g. 30] days, we may re-quote or invoice work completed to date.

8. Fees and payment

• Project fees are fixed and stated in the proposal. Unless the proposal says otherwise, payment is 50% deposit, 30% on agreed milestones and 20% before final delivery.
• Retainers are billed monthly in advance and run month to month after any initial period stated in the agreement.
• Where a deposit-and-instalment arrangement applies, the schedule is agreed in writing before work begins. There is no interest and no third-party finance. You may settle early at any time.
• Invoices are payable within [INSERT, e.g. 14] days. Overdue amounts may attract interest at the rate prescribed by the Prescribed Rate of Interest Act.
• Quoted prices exclude VAT unless stated. Third-party costs such as domains, hosting, licences, printing, media and travel are quoted separately and, wherever possible, contracted in your own name and at cost.

9. Intellectual property

• Your material. Content, data and marks you give us remain yours.
• Deliverables. Ownership of final approved deliverables produced specifically for you transfers to you on receipt of full payment.
• Our methods. Our frameworks, including GoTo360, GoTo IMPACT, GoTo AI Navigator, GoTo Brand Compass, GoTo Digital Blueprint, GoTo Growth Engine, GoTo Insight, GoTo Change Catalyst, GoTo Trust Framework and GoTo Academy, together with our templates, tools, prompt libraries and working methods, remain ours. You receive a perpetual, non-exclusive licence to use them internally for the purposes of the engagement.
• Unselected concepts. Design routes you do not select remain ours.
• Third-party assets. Fonts, stock imagery and plugins are licensed, not sold. Licence terms and any renewal costs are stated in the proposal.
• Credit. We may name you as a client and show non-confidential work in our portfolio, unless you tell us in writing not to.

10. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the engagement, and protect it with at least reasonable care. This survives the end of the engagement. It does not apply to information that is public through no fault of the receiver, was already lawfully held, or must be disclosed by law.

11. Personal information

Where we process personal information on your behalf, we do so as your operator under section 21 of POPIA, on your documented instructions, with appropriate security safeguards, and we notify you without undue delay of any security compromise. Our own processing is described in our privacy policy.

12. Artificial intelligence in delivery

We use AI tools in our work. Human review precedes every deliverable, accountability for the work remains ours, and your confidential or personal information is not submitted to general-purpose consumer AI tools or used to train public models. Where an engagement requires stricter controls, they are recorded in the proposal.

13. Warranties and limits

We warrant that services are performed with the reasonable skill and care expected of a competent professional consultancy, in line with our documented procedures. We do not warrant specific commercial outcomes such as revenue, rankings, enquiry volumes or funding success, because these depend on factors outside our control.

Neither party is liable for indirect or consequential loss, including loss of profit, revenue, goodwill or data. Our total liability for any engagement is limited to the fees you paid us for that engagement in the [INSERT, e.g. 12] months before the claim arose. Nothing here excludes liability that cannot lawfully be excluded, including under the Consumer Protection Act where it applies.

14. Ending an engagement

Either of us may end a project engagement on [INSERT, e.g. 30] days' written notice, or a retainer at the end of a calendar month on [INSERT, e.g. 30] days' written notice. Either may end it immediately on a material breach that is not remedied within 14 days of written notice. On termination you pay for work completed and third-party costs committed, and we hand over completed deliverables, account access, documentation and reporting history under our documented closure procedure.

15. Complaints

Raise any concern with your engagement lead first. If it is not resolved within five business days, escalate in writing to [INSERT NAME AND EMAIL]. We acknowledge complaints within one business day and respond substantively within ten.

16. General

These terms are governed by the law of the Republic of South Africa, and the parties submit to the jurisdiction of the [INSERT, e.g. Bloemfontein Magistrate's Court and the Free State Division of the High Court]. If a clause is unenforceable, the rest stands. Neither of us is liable for failure caused by events beyond reasonable control. No variation is effective unless in writing. Where these terms conflict with a signed proposal or service agreement, that document prevails.

17. Contact

GoTo Communications (Pty) Ltd, [INSERT STREET ADDRESS], Bloemfontein, Free State.
hello@gotocommunications.co.za · +27 71 871 1311