Terms of Service

1. Scope of Crafting Clicks' Services

Crafting Clicks offers the following services:

• Core Web Services – Website design, front-end and back-end development, UX/UI design, and code hand-off.
• Performance Audits – SEO, CRO (conversion-rate optimisation), LPO (landing-page optimisation).
• Digital Marketing – SEO implementation, PPC ad-buy & account management, content marketing (blog, copy, social), email marketing automations, and other digital marketing campaigns as agreed in a Statement of Work (SOW).

Each service will be defined in a separate Statement of Work (SOW), which allows for flexibility in adding or removing services without modifying the master agreement.

2. Special Terms for Specific Services

Digital marketing services involve unique considerations that require special provisions:

• SEO Services – Crafting Clicks makes no guarantee of keyword rankings, traffic volume, or revenue. Client acknowledges that SEO outcomes depend on third-party factors outside Crafting Clicks' control, including search engine algorithms which may change at any time.
• PPC Services – Client remains the payment method on all ad platforms and is solely responsible for media spend. Crafting Clicks' liability is limited to its management fee.
• Performance Metrics – All KPIs are targets, not guarantees. Results vary based on client cooperation, including timely content approvals, budget allocation, and market conditions. Delays in Client inputs may extend timelines.
• Third-Party Tools/Plugins – Crafting Clicks is not liable for discontinuation, price changes, or defects in third-party software or services.

3. Data Collection and Privacy

Crafting Clicks implements the following data collection tools:

• Google Analytics 4
• Google Search Console
• Google Tag Manager
• Cookie consent banner

We comply with India's Digital Personal Data Protection Act 2023 (DPDP Act), which requires explicit consent for non-essential cookies and a lawful basis for processing personal data. For clients or users in the EU/UK, we also adhere to GDPR/UK-GDPR obligations regarding transparency and data protection.

Our cookie consent banner blocks analytics tags until the user provides explicit consent. Our Privacy Policy identifies Crafting Clicks as the "data fiduciary/controller," lists cookies used, states lawful bases for data processing, and explains any cross-border transfers of data.

4. Limitation of Liability

In compliance with Indian law, Crafting Clicks limits liability as follows:

• Disclaimer of indirect/consequential damages, including loss of profit, goodwill, data, or similar losses.
• Total liability cap – Crafting Clicks' aggregate liability will not exceed the fees paid by Client to Crafting Clicks in the six (6) months preceding the claim.
• Force majeure – Crafting Clicks is not liable for failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, acts of government, network failures, and pandemics.

5. Refund and Cancellation Policy

Crafting Clicks implements the following refund and cancellation policies:

• Project-Based Work – A non-refundable deposit (20-50% of the total project cost) is required to commence work. Further payments will be invoiced based on project milestones. If a project remains inactive for 14 days due to Client delay, Crafting Clicks reserves the right to pause work and adjust timelines accordingly.
• Retainer Services – Require 30-day written notice to cancel. Unused hours expire monthly and are not refundable or transferable. No refunds will be issued for completed work.
• Ad Budgets – Ad platform charges paid directly by Client are never refundable by Crafting Clicks, as these payments go directly to third-party platforms.

6. Intellectual Property Rights

Intellectual property rights are governed as follows:

• Website/Code Ownership – Upon full payment, Crafting Clicks assigns to Client all right, title, and interest in deliverables (code, designs, copy) except pre-existing proprietary tools or open-source components, which are licensed on their original terms.
• Portfolio License – Crafting Clicks reserves a non-exclusive right to display screenshots and descriptions of completed work for marketing and portfolio purposes.
• Third-Party Assets – For stock photos, fonts, plugins, and other third-party assets, the original licenses pass through to the Client, who must honor the original license terms.

7. Governing Law and Jurisdiction

While Crafting Clicks serves international customers, all agreements are governed by the laws of India. Any disputes arising from or related to our services shall be subject to the exclusive jurisdiction of the Courts of Bengaluru, Karnataka, India.

Crafting Clicks complies with the Indian Digital Personal Data Protection Act 2023, and where applicable, international regulations such as GDPR and CCPA. However, the Client remains responsible for ensuring their website content complies with local laws in their jurisdiction.

8. Eligibility

To engage Crafting Clicks' services, the following eligibility requirements apply:

• Clients must be at least 18 years of age (the legal age of majority in India).
• Business clients must be duly registered entities (company, LLP, partnership, or sole proprietorship) with the authority to enter into binding contracts.

9. Website Content Ownership

Once the final codebase is delivered and all invoices are paid in full, ownership transfers to the Client. Crafting Clicks retains no rights to client-specific deliverables, except for:

• The right to display the work in Crafting Clicks' portfolio.
• The re-use of generic libraries or frameworks that were not custom-built for the Client.

10. Indemnification

You agree to defend, indemnify, and hold harmless Crafting Clicks, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of our services and website;
• Your breach of these Terms of Service;
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right;
• Any content or information you provide to us; or
• Any claim that your content or materials caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of our services.

11. Force Majeure

Crafting Clicks shall not be liable for any failure to perform its obligations under these Terms of Service where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.

If a force majeure event occurs, the party affected may be excused from performance of its obligations for a period equal to the delay resulting from the force majeure event. Crafting Clicks shall use its reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as reasonably practicable. If the period of non-performance exceeds 60 days, the party not affected may terminate this Agreement.

12. Dispute Resolution

In the event of any dispute arising from or in connection with this Agreement, both parties agree to attempt in good faith to resolve the dispute through informal discussion and negotiation. If the dispute cannot be resolved through informal means within 30 days, the parties agree to submit the dispute to mediation before resorting to litigation or other formal dispute resolution procedures.

Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof that cannot be resolved through mediation, shall be settled by arbitration in accordance with the laws of India. The arbitration tribunal shall consist of a single arbitrator agreed upon by both parties. The place of arbitration shall be Bengaluru, Karnataka, India, and the language of arbitration shall be English.

The decision of the arbitrator shall be final and binding upon the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and expenses related to the arbitration, including attorney's fees, and shall share equally the fees and expenses of the arbitrator and the arbitration proceedings.

13. User Data and Privacy

Crafting Clicks respects your privacy and is committed to protecting your personal data. Our Privacy Policy describes how we collect, use, and share information about you when you use our website and services. By using our services, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

In the event of any data breach affecting your personal information, we will notify you promptly (within 24 hours of becoming aware of the breach) and take appropriate measures to investigate and remediate the issue, as outlined in section 13.2 of these Terms.

You have the right to access, correct, or delete your personal information that we hold. Please contact us at [email protected] to exercise these rights.

14. Communication Methods

By agreeing to these Terms of Service, you acknowledge and consent that the primary method of communication for all project-related matters will be email. We aim to respond to all email inquiries within 48 hours during standard business hours (Monday to Friday, excluding public holidays in India).

Phone support is available during our standard business hours at +91 8939715578. For urgent matters, please contact us via email with "URGENT" in the subject line, and we will prioritize your request.

All formal notices related to these Terms should be sent in writing to: [email protected] or via postal mail to our registered address in Bangalore, India.

15. Hosting Services and Website Maintenance

If your website is hosted with Crafting Clicks, we offer a 99% Uptime Guarantee. This means your website will be up and running 99% of the time, with potential downtime limited to approximately 3.65 days per year.

This uptime guarantee is contingent upon factors within our control and excludes:

• Scheduled maintenance or updates, which we will endeavor to notify you about in advance;
• Downtime caused by third-party services or providers;
• Force majeure events, including natural disasters, cyberattacks, or other unforeseen circumstances.

We strive to ensure uninterrupted service and will notify you in advance of any planned maintenance.

Crafting Clicks offers optional monthly website maintenance services for a fee. This includes plugin updates, compatibility testing, and performance optimization. Auto-updates for plugins and CMS core are disabled by default to ensure compatibility with custom themes and functionality. Updates are tested and applied in a controlled environment to avoid disruptions.