Terms of Service

1. About us

Pacavita (“we”, “us”, “our”) is a sole-trader digital marketing agency operated by Giuseppe Giona, based in Saltaire, West Yorkshire, England. Contact: hello@pacavita.com.

2. Scope of services

We provide website design, website development, local SEO, Google Business Profile management, online booking integrations, payment integrations (via Stripe), web hosting, photography, social media content, brand identity and related digital marketing services (“Services”). The specific deliverables for each order are confirmed in the order summary provided to you before payment.

3. Formation of contract

A binding contract is formed when you complete payment through our checkout process. By placing an order, you confirm that: (a) you are at least 18 years old; (b) you have legal authority to enter into the contract; and (c) all information you provide is accurate. We reserve the right to refuse any order at our discretion and will refund any payment in full if we do so.

4. Prices and payment

All prices are displayed on our website in pounds sterling (£) and include VAT where applicable. Prices are confirmed before payment. All payments are processed by Stripe Payments UK Ltd. By completing checkout, you authorise the stated payment. We do not store or have access to your full card number at any time — card data is handled entirely by Stripe under PCI DSS SAQ-A scope.

5. Digital content and your right to cancel

Our Services constitute “digital content” as defined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134), Regulation 5. Under Regulation 37(1), you have a 14-day right to cancel (“cooling-off period”). However, under Regulation 37(4), this right is lost once digital content is supplied if:

• you gave your prior express consent to begin supply during the cooling-off period (Regulation 36(1)(a));
• you acknowledged that you would lose your right to cancel once supply began (Regulation 36(1)(b)); and
• we provided confirmation of both on a durable medium (Regulation 36(1)(c)).

During our checkout process, you explicitly consent to immediate delivery via a consent checkbox and a comprehension check. These are recorded as evidence. Once we begin building your site, your right to cancel under Regulation 37 is extinguished.

6. Refunds

Refund terms are set out in our Refund Policy. In summary: full refund before work begins; no refund after your first preview is delivered, as digital content has been supplied with your prior consent; fix or proportionate refund for faulty work under the Consumer Rights Act 2015.

7. Your responsibilities

You agree to:

• provide accurate, complete and lawful business information in your brief;
• respond to requests for content, feedback or approval within a reasonable timeframe;
• not use any site or service we provide for illegal activity, spam, phishing, malware distribution, adult content, hate speech, or any content that violates UK law;
• ensure that all content you provide to us (text, photos, logos, trademarks) is owned by you or that you have the legal right to use it.

8. Indemnification

You agree to indemnify and hold harmless Pacavita and its owner from and against any claims, liabilities, damages, losses or expenses (including legal fees) arising from: (a) content you provide to us or publish on your site; (b) your breach of these terms; (c) your violation of any third-party rights including intellectual property rights; or (d) your use of the Services in a manner not authorised by these terms.

9. Acceptable use and suspension

Sites hosted by Pacavita must comply with UK law at all times. We reserve the right to suspend or terminate any site that: violates these terms; contains prohibited content; is reported for abuse; is used for illegal purposes; or poses a security risk to our infrastructure or other clients. We will give you reasonable notice before suspension where possible, except where immediate action is required to prevent harm, comply with law, or protect the security of our systems.

10. Intellectual property

Content you provide to us (text, photographs, logos, trademarks) remains your property. The website template, design system, component library, and underlying source code are owned by Pacavita and are licensed to you for use on a single domain for the duration of your active hosting subscription. This licence is non-exclusive, non-transferable and revocable upon termination. You may not resell, redistribute or sublicence our templates or code.

11. Portfolio and reference rights

Unless you notify us otherwise in writing, we may include your completed website in our portfolio, case studies, and marketing materials. This includes screenshots, descriptions and links to the live site. You may withdraw this permission at any time by emailing us.

12. Platform access and data

Authorised Pacavita administrators may access your account and site data for the purposes of: delivering the Services, providing technical support, security monitoring, and compliance with legal obligations. All administrative access is logged. We process your personal data in accordance with our Privacy Policy. Third-party processors involved in service delivery are: Stripe Payments UK Ltd (payments), Supabase Inc (database/hosting), Resend Inc (transactional email), Cloudflare Inc (CDN and DDoS protection), and Vercel Inc (hosting/deployment).

13. Hosting, uptime and backups

We target 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible. We perform automated daily backups with 30-day retention. We are not liable for data loss beyond the most recent available backup. We are not liable for downtime or losses caused by events beyond our reasonable control (see section 17).

14. Termination

By you: You may terminate your hosting subscription at any time by emailing us. Your site will remain active until the end of the current paid period. No refund is issued for the remaining period.

By us: We may terminate or suspend your account immediately if you breach these terms, if your site is used for prohibited purposes, or if you fail to pay any amount due. We may also terminate with 30 days’ written notice for any reason.

On termination: We will make a reasonable effort to provide you with a copy of your site content and data within 30 days of termination, upon written request. After 30 days, we may delete your data. Sections 8 (Indemnification), 10 (IP), 15 (Liability), and 16 (Governing law) survive termination.

15. Limitation of liability

To the maximum extent permitted by law:

• Our total aggregate liability for any claim arising under or in connection with these terms is limited to the total amount you paid to us in the 12 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of business, loss of data, or loss of goodwill.
• We are not liable for any loss arising from your failure to maintain backups of your own content.

Nothing in these terms excludes or limits liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded or limited under English law, including your statutory rights under the Consumer Rights Act 2015 (sections 49, 51, 52, 54).

16. Governing law and disputes

These terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising from these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Before bringing a claim, we encourage you to contact us at hello@pacavita.com to attempt resolution directly. If we cannot resolve the dispute within 30 days, you may pursue your claim through the courts or, if eligible, through the UK’s certified alternative dispute resolution (ADR) provider under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI 2015/542), Regulation 19.

17. Force majeure

We are not liable for any delay or failure to perform our obligations where caused by events beyond our reasonable control, including but not limited to: natural disasters, epidemics, acts of government, war, terrorism, power failure, internet outages, third-party infrastructure failure (including our hosting and payment providers), or cyberattacks. We will notify you as soon as practicable and resume performance when the event ceases.

18. Limitation period

Any claim arising under or in connection with these terms must be brought within 6 years of the date on which the cause of action arose, in accordance with the Limitation Act 1980, section 5 (contract) or section 2 (tort).

19. Changes to these terms

We may update these terms from time to time. Material changes will be communicated to you by email at least 14 days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated terms. If you do not agree with any change, you may terminate your subscription in accordance with section 14.

20. Severability

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

21. Entire agreement

These terms, together with our Privacy Policy, Cookie Policy and Refund Policy, constitute the entire agreement between you and Pacavita in relation to the Services and supersede all prior agreements, representations and understandings.

22. Contact

Questions about these terms: hello@pacavita.com. Pacavita, Saltaire, West Yorkshire, England.