The terms below govern your use of this website and any services provided by Cracking Sites. Please read them carefully.
These Terms & Conditions ("Terms") are made between you ("you", "the Client", "the customer") and Cracking Sites ("we", "us", "our", "the Company"), a website design and digital marketing business operating in the United Kingdom. By accessing this website, requesting a mockup, enquiring about our services, or instructing us to carry out any work, you confirm that you have read, understood and agreed to be bound by these Terms in full. If you do not agree, you must not use this website or our services.
We may update these Terms at any time, at our sole discretion and without prior notice. The version published on this website at the time you use it or engage us applies. Your continued use of the website or our services after any change constitutes acceptance of the revised Terms.
We provide website design, build, hosting, maintenance and related digital marketing services on a subscription basis. The specific scope of any work is limited strictly to what is expressly agreed in writing between us. Anything not expressly agreed in writing is excluded from the scope of our services.
All services, this website, and any materials, mockups, designs, templates, demonstrations or content we make available are provided on an "as is" and "as available" basis. We make no representations, warranties, guarantees or conditions of any kind, whether express, implied or statutory, except those that cannot lawfully be excluded.
You acknowledge and agree that we do not guarantee, and cannot be held responsible for, any particular outcome arising from our services. In particular, and without limitation, we give no guarantee as to:
Any examples, statistics, testimonials, projections or case studies shown on this website or in our communications are illustrative only, relate to other clients or scenarios, and are not a promise or representation of the results you will achieve. Results depend on many factors outside our control, including your market, pricing, reputation, responsiveness and the actions of third parties.
You are solely responsible for:
We are not responsible for any delay, defect, loss or consequence arising from inaccurate, incomplete, late or unlawful material or instructions provided by you, or from your failure to perform your responsibilities.
Fees are payable in advance in accordance with the plan you select. Subscription fees are charged on a recurring basis until cancelled in accordance with these Terms. All fees are exclusive of any applicable taxes, which you are responsible for paying where they apply.
All payments are non-refundable except where a refund is required by law. We may suspend or withdraw any or all services immediately, without liability to you, if any payment is late, declined, reversed, charged back or otherwise not received in full when due. We reserve the right to change our prices at any time; any change will apply to your next billing cycle.
If we incur costs in recovering overdue amounts from you, you agree to reimburse those costs, including reasonable administrative and legal fees and any interest permitted by law.
Either party may cancel an ongoing subscription in writing, with cancellation taking effect at the end of the then-current billing period. Fees already paid are not refunded. We may suspend, restrict or terminate your access to any service, or these Terms, immediately and at our sole discretion, including (without limitation) where we consider your conduct, content or business unsuitable, where payment is not made, or for any other reason.
On termination for any reason, your right to use any service, website, design or hosting provided by us ends immediately. Unless separately agreed in writing, we are under no obligation to transfer, export, hand over or continue to host any website, file, design, code or content, and any such material remains subject to clause 7.
All intellectual property rights in this website, our designs, templates, code, systems, processes, frameworks and any materials we create remain our exclusive property at all times, unless and until we expressly agree otherwise in writing. While your subscription is active and paid up to date, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the website we provide solely for your own business purposes. This licence ends automatically on termination or non-payment.
You retain ownership of content you supply to us. By providing content, you grant us a worldwide, royalty-free licence to use, store, reproduce and publish it as needed to deliver our services, and to reference completed work as an example or case study in our own marketing unless you tell us otherwise in writing.
Our services may rely on or integrate with third-party platforms, tools or providers (for example hosting, domain registrars, payment processors, scheduling tools, advertising networks and analytics). We are not responsible or liable for the acts, omissions, availability, performance, pricing, policies or failures of any third party, and your use of any third-party service may be subject to that party's own terms.
To the fullest extent permitted by law, we exclude all warranties, conditions, representations and terms (whether express or implied by statute, common law or otherwise) that are not expressly set out in these Terms.
To the fullest extent permitted by law, we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any:
Where we are found to be liable to you despite the above, our total aggregate liability arising out of or in connection with these Terms and our services, from all causes combined, shall in no event exceed the total fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim. This cap represents a fair allocation of risk and is reflected in our pricing.
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Your statutory rights, where they apply and cannot be excluded, are not affected.
You agree to indemnify, defend and hold harmless the Company, its owner, employees, contractors and agents from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or connected with: the content or materials you supply; your use of our services or any website we provide; your breach of these Terms; or your breach of any law or the rights of any third party.
We shall not be in breach of these Terms or liable for any delay or failure to perform where caused by events beyond our reasonable control, including but not limited to outages, hosting or platform failures, third-party failures, internet or telecommunications failures, cyber attacks, acts of God, fire, flood, epidemic, pandemic, war, civil unrest, strikes or governmental action.
We will handle personal data in accordance with applicable UK data protection law. We are not liable for any loss or unauthorised access to data caused by third parties, by your own acts or omissions, or by events outside our reasonable control.
You acknowledge that, in entering into any engagement with us, you have not relied on any statement, promise or representation that is not expressly set out in these Terms or otherwise agreed in writing. This does not limit any liability for fraud.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer your rights under these Terms without our prior written consent; we may assign or transfer ours freely. These Terms constitute the entire agreement between us regarding their subject matter and supersede any prior discussions or arrangements.
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
Questions about these Terms can be sent to [email protected] or by phone on 07833 493003.