Prosperitiv Ltd – Terms of Business
Effective Date: 1 June 2026
1. Introduction
These Terms of Business govern the provision of services by Prosperitiv Ltd ("Prosperitiv", "we", "us", "our") to any client ("Client", "you", "your"). By accepting a proposal, quotation, invoice, statement of work, making payment, or otherwise engaging our services, you agree to be bound by these Terms.
2. Business-to-Business Services
Prosperitiv provides services exclusively to businesses, organisations, charities and commercial entities. Our services are not intended for private consumers.
3. Website Use
By using this website you agree to do so lawfully. You must not attempt unauthorised access, distribute malicious software, misuse content or interfere with website operation. Information on this website is provided for general guidance only and should not be relied upon as legal, financial or professional advice. External links are provided for convenience and Prosperitiv accepts no responsibility for third-party content. Website availability is not guaranteed. All website content is protected by intellectual property laws.
4. Services
Services may include business consultancy, SEO, GEO, AI consultancy, website design, hosting, CRM implementation, PPC management, social media management, content creation, automation systems, analytics and related services. Specific deliverables will be outlined in proposals or agreements.
5. Client Responsibilities
Clients must provide accurate information, timely approvals, access credentials and legally owned content. Delays caused by missing information or approvals may impact timelines.
6. Fees and Payment
Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing. Fees are exclusive of VAT unless stated otherwise. Prosperitiv may charge statutory interest and recovery costs on overdue accounts.
7. Suspension for Non-Payment
Prosperitiv reserves the right to suspend services, campaigns, hosting, software access, maintenance or deliverables where invoices remain unpaid.
8. Retainers and Ongoing Services
Monthly services operate on a rolling basis and continue until terminated with 90 days written notice. Fees remain payable during the notice period.
9. Project Work and Scope Changes
Any work outside the agreed scope may incur additional fees and revised timelines. Scope changes must be agreed in writing.
10. Intellectual Property
Ownership of deliverables transfers only upon full payment. Prosperitiv retains ownership of methodologies, templates, workflows, systems, automations, frameworks, prompts and proprietary processes.
11. Third-Party Platforms and Services
Prosperitiv may utilise platforms such as Google, Microsoft, Meta, LinkedIn, OpenAI, GoHighLevel, WordPress, WP Engine, Stripe, PayPal and others. Prosperitiv is not responsible for outages, policy changes, account suspensions, algorithm changes or actions taken by third-party providers.
12. Domains, Hosting and Platform Ownership
Domains, advertising accounts and licences remain the property of the purchasing party. Prosperitiv will provide reasonable assistance with transfers once outstanding balances have been settled.
13. Website Hosting and Maintenance
Reasonable efforts will be made to maintain uptime, security and performance. Prosperitiv does not guarantee uninterrupted availability and is not liable for third-party outages, cyber incidents or internet failures beyond its control.
14. SEO, GEO, AI and Marketing Performance Disclaimer
Prosperitiv does not guarantee rankings, traffic, leads, sales, advertising results, AI visibility, AI citations or commercial outcomes. Marketing performance is influenced by factors outside our control.
15. Advertising and Media Spend
Advertising budgets, click costs and platform fees are separate from management fees unless otherwise stated. Clients remain responsible for approved advertising expenditure.
16. AI and Automation Services
Prosperitiv may utilise artificial intelligence, automation technologies and machine learning tools as part of the delivery of its services.
While reasonable care is taken in the implementation and management of these technologies, Prosperitiv shall not be liable for losses arising from third-party platform failures, service interruptions, policy changes, software defects, or inaccurate information supplied by the Client.
The Client remains responsible for approving final business, legal, financial and publishing decisions.
17. Data Protection
Both parties shall comply with UK GDPR and applicable data protection legislation. Clients warrant that any personal data supplied has been collected lawfully.
18. Confidentiality
Both parties agree to keep commercially sensitive information confidential and not disclose it to third parties except where required by law.
19. Portfolio and Marketing Rights
Unless otherwise agreed, Prosperitiv may reference clients, projects and completed work within portfolios, case studies and marketing materials.
20. Limitation of Liability
Nothing excludes liability for death, personal injury caused by negligence, fraud or liabilities that cannot legally be excluded. Prosperitiv shall not be liable for loss of profits, revenue, business opportunity, goodwill, anticipated savings, rankings, AI visibility, advertising performance, indirect or consequential losses. Total aggregate liability shall not exceed the lesser of: (a) fees paid by the Client during the previous twelve months; or (b) £10,000.
21. Force Majeure
Neither party shall be liable for delays or failures caused by circumstances beyond reasonable control including natural disasters, cyber incidents, utility failures, government actions or third-party outages.
22. Termination
Either party may terminate ongoing services with 30 days written notice unless otherwise agreed. Outstanding invoices become immediately payable upon termination.
23. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
24. Contact Details
Prosperitiv Ltd
Website: www.prosperitiv.com
Email: jacques@prosperitiv.com
