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General Website Terms and Conditions

1. Introduction

1.1 These Terms and Conditions (“Terms“) govern your use of the website operated by Ayup Creative Ltd, a company incorporated and registered in England and Wales with company number 14940255, whose registered office is at Ayup Creative Ltd, Aizlewood’s Mill, Nursery Street, Sheffield, South Yorkshire, S3 8GG, England (“we“, “us“, “our” or “the Company“).

1.2 By accessing or using our website, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.

1.3 We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the website following any changes constitutes acceptance of the new Terms.

1.4 These services are intended for use by businesses only and not by consumers. By using our services, you confirm that you are acting in the course of a business.

2. Definitions

In these Terms, the following words shall have the meanings set out below:

  • “Business Day” means any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in Sheffield, England
  • “Client” means any business entity that engages our services
  • “Content” means all text, graphics, images, audio, video, software, data compilations and other material contained on the website
  • “Services” means any marketing, design, web development, hosting, domain registration or other services provided by us
  • “Website” means our website accessible at ayupcreative.com and any sub-domains

3. Use of Website

3.1 You may use our website for lawful business purposes only and in accordance with these Terms.

3.2 You are granted a limited, non-exclusive, non-transferable licence to access and use the website for your internal business purposes.

3.3 You must not:

  • Use the website for any unlawful purpose or in violation of any applicable laws
  • Attempt to gain unauthorised access to any part of the website or any systems or networks connected to it
  • Transmit any viruses, malware, or other malicious code
  • Engage in any activity that could damage, disable, or impair the website
  • Use any automated systems to access the website without our prior written consent

4. Intellectual Property

4.1 All intellectual property rights in the website and its Content belong to us or our licensors.

4.2 You may not reproduce, distribute, modify, create derivative works from, or publicly display any Content without our prior written consent.

4.3 Any trademarks, logos, or brand names displayed on the website are our property or used with permission and may not be used without our express written consent.

4.4 You retain ownership of any content you submit to us, but grant us a worldwide, royalty-free licence to use such content for the purposes of providing our Services.

5. Privacy and Data Protection

5.1 We process personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK Data Protection Act 2018 and UK GDPR.

5.2 By using our website, you consent to the processing of your data in accordance with our Privacy Policy.

6. Limitation of Liability

6.1 To the maximum extent permitted by law, we exclude all liability for any loss or damage arising from your use of the website or reliance on any Content.

6.2 Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any other liability that cannot be excluded by English law

6.3 Our total liability to you for all claims arising from or related to the website shall not exceed £1,000 in aggregate.

6.4 We shall not be liable for any indirect, special, incidental, or consequential damages, including but not limited to loss of profits, data, or business opportunities.

7. Indemnification

7.1 You agree to indemnify and hold us harmless from any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the website
  • Your breach of these Terms
  • Your violation of any third party rights

8. Website Availability

8.1 We aim to ensure the website is available 24/7, but do not guarantee uninterrupted access.

8.2 We may suspend or restrict access to the website at any time for maintenance, security, or other operational reasons.

8.3 We shall not be liable for any loss or damage resulting from website downtime or unavailability.

9. Third Party Links

9.1 Our website may contain links to third-party websites. We are not responsible for the content, availability, or practices of such websites.

9.2 Your use of third-party websites is at your own risk and subject to their respective terms and conditions.

10. Force Majeure

10.1 We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, government actions, or technical failures.

11. Severability

11.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12. Governing Law and Jurisdiction

12.1 These Terms shall be governed by and construed in accordance with English law.

12.2 Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Contact Information

13.1 If you have any questions about these Terms, please contact us at the details listed on our Contact page.