Terms of Service
These Terms of Service ("Terms") govern your use of the Gutti Digital website at https://guttidigital.com and any services provided by Gutti Digital, operated by Andrew Gutnichenko ("Gutti Digital," "we," "us," or "our"). By accessing our website or engaging our services, you agree to these Terms. If you do not agree, do not use our website or services.
1. Services
Gutti Digital provides web design, local SEO, generative engine optimization (GEO), and CRM automation services to small businesses. Specific deliverables, timelines, and scope are agreed upon in writing before work begins.
Current monthly service tiers are:
- Website Build — $97/month
- SEO & GEO Optimized Website — $197/month
- Full CRM Integration — $297/month
Monthly plans include continued service, hosting, maintenance, and/or platform access as described in the client's written agreement. Ownership of final deliverables transfers only after all amounts owed under the applicable agreement have been paid in full. Pricing is subject to change with at least 30 days' written notice; changes will not affect the current billing period.
2. Payments & Billing
- Services are billed on a monthly basis unless otherwise agreed in writing.
- Payment is due at the start of each billing cycle.
- Late payments may result in a pause or suspension of services until the outstanding balance is resolved.
- Fees are non-refundable once work has begun or services have been provided, unless otherwise required by applicable law or stated in a written agreement.
- Clients agree to contact Gutti Digital in writing to resolve any billing concerns before initiating a chargeback or payment dispute with their bank or card provider.
3. Cancellation
- Either party may cancel services with 30 days' written notice sent to andrew@mail.guttidigital.com.
- Cancellation takes effect at the end of the current paid billing period, provided notice is submitted before the next billing date. If notice is provided fewer than 30 days before the next billing date, one additional monthly payment may be due.
- Upon cancellation, you retain ownership of all completed deliverables that have been paid for in full, subject to Section 4 below.
- Gutti Digital is not responsible for any loss of rankings, leads, or revenue resulting from cancellation of services.
- Gutti Digital reserves the right to immediately suspend or terminate services if you violate these Terms, use our work for unlawful or harmful purposes, or fail to make required payments after written notice.
4. Intellectual Property
Upon receipt of all amounts owed under the applicable agreement, you own the final deliverables — including custom website designs, written copy, and custom code — created specifically for your project.
Gutti Digital retains ownership of any proprietary tools, frameworks, processes, and methodologies used in delivering services that are not created exclusively for you.
Third-party software, plugins, themes, stock assets, fonts, platform integrations (including GoHighLevel), and licensed components remain subject to their respective licenses and are not transferred to the client except as permitted by those licenses.
You grant Gutti Digital a non-exclusive, royalty-free right to display your project in our portfolio and reference your business as a client for marketing purposes. This may include your business name, logo, website screenshots, a project description, and general results, unless you request otherwise in writing before project completion.
5. Client Responsibilities
To allow us to deliver services effectively, you agree to:
- Provide accurate business information, content, and materials required for your project in a timely manner. Delays caused by late feedback may affect delivery schedules without affecting payment obligations.
- Ensure you have the legal right to use any content, images, logos, or trademarks you provide to us.
- Ensure that all business information, claims, offers, testimonials, pricing, licenses, certifications, and content provided to Gutti Digital are accurate, lawful, and compliant with applicable laws and industry regulations. This is especially important for regulated industries including healthcare, legal, financial services, and real estate.
- Not use our services for any unlawful, deceptive, abusive, or harmful purpose.
Client approval of deliverables, content, designs, or campaigns constitutes acceptance of those materials. Gutti Digital is not responsible for errors in materials that have been reviewed and approved by the client.
6. Third-Party Costs
Unless explicitly stated in your written agreement, the following costs are the client's responsibility and are not included in Gutti Digital's monthly service fees:
- Domain registration and renewal fees
- Web hosting (where applicable)
- GoHighLevel or other platform subscription fees
- Paid advertising or ad spend (Google Ads, Meta Ads, etc.)
- Stock photography or video licenses
- Premium plugins, themes, or third-party software licenses
- Email marketing platform fees
7. Results & Guarantees
We provide services in good faith using industry best practices. However, we do not guarantee specific outcomes including search engine rankings, lead volume, revenue increases, or visibility in AI-generated search results (including ChatGPT, Perplexity, or Google AI Overview).
Results depend on many factors outside our control, including search engine algorithm changes, AI model training updates, market conditions, competition, and the quality of information you provide. No legitimate SEO, GEO, or digital marketing provider can guarantee specific placements, and any provider making such guarantees is misrepresenting their services.
The content and strategies we produce are marketing support only and do not constitute legal, financial, medical, tax, or other professional advice.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Gutti Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, business opportunities, or goodwill — arising from your use of our services or website, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or related to our services shall not exceed the total amount paid by you to Gutti Digital in the three months preceding the claim.
9. Force Majeure
Gutti Digital is not liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to: internet or platform outages, third-party service failures, natural disasters, government actions, or other events beyond our control. We will notify you as soon as reasonably possible and resume services when normal conditions return.
10. Website Use
You agree not to:
- Use our website in any way that violates applicable local, state, or federal laws.
- Attempt to gain unauthorized access to any part of our website or systems.
- Use automated tools to scrape, crawl, or extract data from our website without permission.
- Transmit harmful, offensive, fraudulent, or malicious content through our contact forms or other channels.
11. Third-Party Services
Our services may involve the use of third-party platforms such as GoHighLevel, Google services, or hosting providers. We are not responsible for the terms, policies, availability, or performance of these third-party services. Your use of these platforms is subject to their own terms of service and privacy policies.
12. Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be resolved in the state or federal courts located in Massachusetts, and both parties consent to personal jurisdiction in those courts.
13. Changes to These Terms
We reserve the right to update these Terms at any time. The "Last updated" date at the top of this page reflects the most recent revision. For active clients, material changes will be communicated via email at least 14 days before they take effect. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.
14. Contact Us
Questions about these Terms? Reach out directly:
Gutti Digital
Andrew Gutnichenko
Quincy, MA
andrew@mail.guttidigital.com
857-240-8785