Terms & Conditions
1. Introduction
These Terms and Conditions (“Terms”) govern the use of our website and the services provided by Cracked Pepper (“we,” “our,” or “us”). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, you must not use our website or services.
2. Services
Cracked Pepper provides digital marketing services, including but not limited to brand identity, social media management, content creation, advertising, and related consulting.
We reserve the right to modify, suspend, or discontinue any part of our services at any time without notice.
3. Use of Website
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You may use our website for lawful purposes only.
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You must not misuse, interfere with, or attempt to gain unauthorized access to our website.
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We do not guarantee that the website will always be available or error-free.
4. Payments & Fees
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All fees for services are agreed in writing before work begins.
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Payments are processed via invoice and may be completed through third-party payment processors such as Stripe. By making payment, you authorise Cracked Pepper to collect the agreed amount.
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Unless required by law, all payments are final and non-refundable, as our services are customised and intangible in nature. Once work has commenced, you are not entitled to cancel or request a refund for services delivered or in progress.
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Services are considered delivered once agreed materials, strategies, or campaigns have been created and provided, whether or not you choose to implement or continue using them.
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You agree to resolve any payment disputes with us directly before initiating a chargeback with your payment provider.
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In the event of a chargeback, you remain responsible for the original fees owed, as well as any chargeback fees, costs, or expenses incurred by Cracked Pepper in connection with the dispute.
5. Intellectual Property
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All content, designs, strategies, and materials created by Cracked Pepper remain our intellectual property unless otherwise agreed in writing.
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Upon full payment, you are granted a non-exclusive license to use deliverables for your business purposes.
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You must not reproduce, resell, or distribute our materials without permission.
5a. Use of Work for Marketing & Promotion
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Unless otherwise agreed in writing, you grant Cracked Pepper the right to display, publish, and reference any work created for you (including designs, content, strategies, and campaign results) for the purposes of marketing, portfolio presentation, case studies, and promotional materials.
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If you do not wish for your project or business name to be used in this way, you must notify us in writing before the commencement of services or include such restriction in your service agreement.
6. Client Responsibilities
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You are responsible for providing accurate information, approvals, and materials needed to deliver services.
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Delays caused by lack of information, approvals, or feedback may impact timelines and outcomes.
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You are responsible for ensuring you have the rights to use any content you supply to us.
7. Third-Party Services
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We may use third-party platforms (e.g., Meta, Google, email providers, analytics tools) to deliver services.
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We are not responsible for errors, downtime, or outcomes arising from third-party platforms.
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Your use of such platforms is subject to their terms and conditions.
8. Limitation of Liability
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To the maximum extent permitted by law, Cracked Pepper is not liable for any loss, damage, or claims arising from your use of our website or services, including indirect or consequential losses.
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We do not guarantee specific business outcomes, sales, or revenue increases from our services.
9. Indemnity
You agree to indemnify and hold harmless Cracked Pepper, its directors, employees, and contractors from any claims, damages, or expenses arising from your use of our website, services, or breach of these Terms.
10. Governing Law
These Terms are governed by the laws of New South Wales, Australia. By using our services, you submit to the exclusive jurisdiction of the courts of New South Wales.
11. Updates to Terms
We may update these Terms from time to time. Updates will be posted on this page with a revised effective date.
12. Contact
For questions about these Terms, please contact us at:
Cracked Pepper
Email: hello@crackedpepper.co
Location: Sydney, Australia