Our Terms & Conditions

1. INTRODUCTION

    1. These terms and conditions (Terms) apply when you use this website, www.stylefrogcreative.com (Website).
    2. You agree to be bound by these Terms which form a binding contractual agreement between you and us, Stylefrog Creative Ltd. (trading as Stylefrog Creative), a company registered in England and Wales under company number: 08216427 with registered office at 3, Paradise Ave, Kettering NN15 6LU, United Kingdom (‘we’, ‘our’ or ‘us’).
    3. If you don’t agree to these Terms, you must refrain from using the Website.
    4. We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended

2. ACCESS AND USE OF THE WEBSITE

    1. You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

3. YOUR OBLIGATIONS

    1. You must not:
      1. copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
      2. use the Website for any purpose other than the purposes of browsing or accessing information about the services provided by us;
      3. use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
      4. use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
      5. use the Website with the assistance of any automated scripting tool or software;
      6. act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and
      7. attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
        1. gaining unauthorised access to Website accounts or data;
        2. scanning, probing or testing the Website for security vulnerabilities;
        3. overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
        4. instigate or participate in a denial-of-service attack against the Website.

4. INFORMATION ON THE WEBSITE

    1. While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:
        1. the Website may have errors or defects;
        2. the Website may not be accessible at times;
        3. messages sent through the Website may not be delivered promptly, or delivered at all;
        4. information you receive or supply through the Website may not be secure or confidential; or
        5. any information provided through the Website may not be accurate or true.
      We reserve the right to change any information, content or functionality on the Website by updating the Website at any time without notice, including nature and description of services provided, prices and other Website Content.

5. INTELLECTUAL PROPERTY

    1. We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserve all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from us or as permitted by law.

6. LINKS TO OTHER WEBSITES

    1. The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
    2. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

7. SECURITY

    1. We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8. REPORTING MISUSE

    1. If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details (see below ‘How to contact us’).

9. PRIVACY

    1. You agree to be bound by our Privacy Policy, which can be found at www.stylefrogcreative.com/privacy.html.

10. LIABILITY

    1. To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by us, is limited to the greater of:
      1. the total Fees paid to us by you in the 3 months preceding the first event giving rise to the relevant liability; and
      2. £100GBP.
    2. All express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.
    3. (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:
      1. breach of any of these terms;
      2. use of the Website; or
      3. use of any Products, or other goods or services provided by us.
    4. (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by us (except to the extent this liability cannot be excluded under law.
    5. Nothing in these terms or any Order will exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
    6. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms or an Order, including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause will be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions will remain in full force and effect.

11. DISPUTE RESOLUTION

    1. A party claiming that a dispute has arisen under or in connection with these terms must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory injunction, unless that party has complied with the requirements of this clause.
    2. A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
    3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

12. THIRD PARTY RIGHTS

    1. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

13. FORCE MAJEURE

    1. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
      1. reasonable details of the Force Majeure Event; and
      2. so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
    2. Subject to compliance with clause 19(a), the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
    3. The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.
    4. (d)    For the purposes of this agreement, a ‘Force Majeure Event’ means any:
      1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
      2. strikes or other industrial action outside of the control of the Affected Party;
      3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
      4. any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

14. GENERAL

    1. GOVERNING LAW AND JURISDICTION
      This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

    2. WAIVER
      No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    3. SEVERANCE
      Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    4. JOINT AND SEVERAL LIABILITY
      An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    5. ASSIGNMENT
      A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

    6. COSTS
      Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

    7. ENTIRE AGREEMENT
      This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    8. INTERPRETATION
      1. (singular and plural) words in the singular includes the plural (and vice versa);
      2. (currency) a reference to £, or “pound”, is to pound sterling (GBP), unless otherwise agreed in writing;
      3. (gender) words indicating a gender includes the corresponding words of any other gender;
      4. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      5. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      6. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      7. (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
      8. (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      9. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      10. (includes) the word “includes” and similar words in any form is not a word of limitation; and
      11. (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

    9. NOTICES
      1. A notice or other communication to a party under this agreement must be:
        1. in writing and in English; and
        2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
      2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
        1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
        2. when replied to by the other party,
        3. whichever is earlier.

15. HOW TO CONTACT US

    1. You can contact us by post, email or telephone if you have any questions about these Terms.
      Our contact details are shown below:
      • Stylefrog Creative Ltd. 3 Paradise Avenue, Kettering, Northants NN15 6LU
      • hello@stylefrogcreative.com
      • +44(0)1536 516636