Terms And Conditions
Website Terms, Service Terms and Disclaimer
(For cleverthinkingtech.com and growthgateway.uk)
Clever Thinking Technologies & Growth Gateway AI Ltd
Last updated: January 2026
These Terms and Conditions (“Terms”) apply to your use of cleverthinkingtech.com and any services supplied by Clever Thinking Technologies & Clever Thinking Tech (“we”, “us”, “our”). By using our website, purchasing services, or instructing us to begin work, you agree to be bound by these Terms.
Clever Thinking Technologies & Clever Thinking Tech are trading names of Growth Gateway AI Ltd, a company registered in England and Wales. All references to “Clever Thinking Technologies, Clever Thinking Tech”, “we”, “us” or “our” refer to Growth Gateway AI Ltd unless stated otherwise.
Growth Gateway AI Ltd is registered in England and Wales.
Company Number: 15964518
Business Registered Address:
Unit A, 82 James Carter Road, Mildenhall, IP28 7DE
Telephone number: 01202 030384
Where you are purchasing services, these Terms form a legally binding agreement between you and Clever Thinking Technologies, alongside any proposal, quote, statement of work, or written scope we provide.
1. Definitions
- Client / you / your: The person, business, or organisation purchasing services from us.
- Services: Any work we provide including web design, web development, hosting resale, maintenance, SEO, marketing, AI integrations, automation, content support, consultancy, and related services.
- Deliverables: Any website, pages, designs, code, integrations, documents, or outputs produced for you.
- Third-party services: Any platforms, software, plugins, themes, hosting, DNS, analytics, AI tools, CRMs, email providers, ad networks, or other external services not owned or controlled by us.
2. About Our Services and Scope Control
2.1 Scope is limited to what is agreed in writing or verbal agreement. Any quote, proposal, or agreed scope defines what is included. Anything not explicitly included is excluded and may be quoted separately.
2.2 Revisions and changes. Unless agreed otherwise, reasonable minor revisions are included within the scope. Significant changes, new features, new pages, new functionality, redesigns, or “while you’re in there” requests are outside scope and may be charged separately.
2.3 Client delays. Where progress is delayed due to your actions (for example missing content, missing approvals, delayed responses, or missing access), delivery dates and timelines will move accordingly.
2.4 Delays Due to Ill Health, Emergencies, or Unavailability. Clever Thinking Technologies operates as a small, independently run business. While we use reasonable efforts to meet agreed timescales and delivery dates, we shall not be liable for delays or failure to perform services where such delays arise from circumstances beyond our reasonable control. This may include, but is not limited to, illness, injury, medical emergencies, family emergencies, bereavement, temporary incapacity, technical failure, or other unavoidable personal or professional commitments. Where reasonably practicable, we will notify you of any significant delay and seek to agree revised timescales. Delivery dates provided are estimates unless expressly agreed in writing as fixed deadlines. Nothing in this clause excludes or limits liability where it would be unlawful to do so under UK law.
3. No Guarantee of Outcomes (SEO, Rankings, Sales, Leads, Conversion)
3.1 No guaranteed rankings. We do not guarantee specific search rankings, featured snippets, map pack positions, traffic levels, leads, or sales, even where SEO services are provided.
3.2 Why no guarantee exists. Search results depend on factors outside our control, including but not limited to:
- Search engine algorithm changes
- Competitor activity
- Search engine quality updates, policy changes, or new ranking systems
- Changes in user behaviour and market demand
- Website age, authority, backlinks, reviews, local signals, and brand mentions
- Technical limitations imposed by platforms, hosting environments, or third-party tools
- Manual actions, indexing choices, crawl decisions, or quality reassessments by search engines
3.3 Performance can reduce over time. Even where our work improves performance initially, future changes to algorithms, policies, or competing websites can reduce performance.
3.4 Paid ads and marketing. Where we run or advise on advertising, we do not guarantee cost-per-lead, cost-per-click, ROAS, conversion rates, or profitability due to factors outside our control (ad platform changes, competition, seasonality, landing page quality, offer strength, tracking changes, account history, and policy enforcement).
4. Technology Changes and “New Developments” Disclaimer
4.1 Rapid change. The web, search, hosting, plugins, browsers, devices, AI tools, and platform policies can change frequently.
4.2 No continuous monitoring obligation. Unless you have an active maintenance plan that explicitly includes monitoring for specific items, we are not responsible for continuously monitoring:
- Search engine algorithm changes
- AI developments or model updates
- Browser or device updates
- Plugin/theme updates and new vulnerabilities
- Changes to third-party platform terms, pricing, APIs, or feature sets
- Industry-wide security threats or newly discovered issues
4.3 Future compatibility not guaranteed. We cannot guarantee that any deliverable will remain compatible with future versions of WordPress, plugins, themes, PHP, browsers, devices, AI providers, APIs, or third-party platforms.
5. Third-Party Platforms, Plugins, Themes, APIs and Licences
5.1 Third-party reliance. Many websites and integrations depend on third-party services. We are not responsible for:
- Third-party outages, failures, or downtime
- Changes in third-party features, APIs, endpoints, or integration rules
- Pricing changes, feature removals, or plan restrictions
- Enforcement of third-party policies (including ad account suspensions)
- Bugs, security vulnerabilities, or defective code in third-party software
5.2 Licences. You are responsible for purchasing and maintaining valid licences for premium plugins, themes, fonts, stock media, AI tools, and any paid services unless our scope explicitly includes them.
5.3 Abandoned software. If a plugin/theme/provider becomes unsupported, is withdrawn, or the developer ceases trading, we are not liable for resulting breakages or incompatibility. Replacement or redevelopment is outside scope unless agreed.
6. Website Functionality, Transactions and Communications
6.0 Reasonable Skill, Professional Judgement and No Absolute Expertise
Clever Thinking Technologies provides services using reasonable skill, care, and professional judgement in accordance with generally accepted industry standards applicable at the time the services are performed.
Our services, deliverables, advice, and recommendations are provided on a best-practice basis only. We do not represent or warrant that we are infallible, that our knowledge is complete or exhaustive, or that our services reflect every possible approach, development, technique, or emerging practice in a rapidly evolving digital, technical, marketing, or AI-related environment.
You acknowledge that web technologies, platforms, tools, search engines, plugins, themes, hosting environments, marketing systems, and AI tools are complex and continually changing, and that no service provider can reasonably guarantee absolute accuracy, completeness, or optimal outcomes in all circumstances.
Accordingly, while we aim to deliver solutions that are fit for purpose and commercially reasonable, our services are provided on an “as is” and “as available” basis and are intended to be suitable, practical, and effective rather than perfect or exhaustive.
Clever Thinking Technologies shall not be liable for errors, omissions, limitations, or suboptimal outcomes arising from incomplete information, evolving best practices, technical constraints, platform limitations, third-party systems, or the inherent uncertainty and complexity of digital services, provided that we have exercised reasonable skill and care.
Nothing in this clause excludes or limits liability where it would be unlawful to do so under UK law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
6.1 eCommerce Orders, Transactions and Sales
Where we design, develop, host, maintain, or support websites that include eCommerce functionality (including but not limited to WooCommerce or similar platforms), Clever Thinking Technologies provides the website and technical implementation only.
We do not operate, manage, supervise, or guarantee the processing of customer orders, transactions, payments, fulfilment, delivery, downloads, stock management, pricing accuracy, or customer communications.
Clever Thinking Technologies shall not be liable for any loss of sales, lost orders, missed transactions, duplicate orders, incorrect pricing, failed checkouts, abandoned carts, delayed or missing order notifications, or loss of revenue arising from or in connection with:
- Software errors, bugs, or platform limitations
- Plugin, theme, or system updates
- Hosting, server, or network issues
- Payment gateway failures or delays
- Third-party service interruptions or changes
- User error, misuse, or customer behaviour
- Browser, device, or connectivity issues
- Configuration changes made by the client or third parties
Any testing, demonstration, or confirmation of checkout or order functionality prior to launch does not constitute a guarantee of uninterrupted or error-free operation after launch.
Nothing in this clause excludes or limits liability where it would be unlawful to do so under UK law.
6.2 Payments and Payment Processing
Clever Thinking Technologies is a website and technical service provider only and is not a payment processor, financial institution, or merchant of record.
Payment processing on websites we create or support is handled by third-party payment service providers, which may include Stripe, PayPal, Square, Klarna, or similar platforms.
Clever Thinking Technologies:
- Does not process, store, transmit, or have access to customer payment card details
- Does not control payment authorisation, settlement, chargebacks, or fraud prevention
- Does not operate or manage payment gateways or card networks
Websites developed by us are not configured to store raw card details on the website server. Where third-party payment providers are used, customer card details are handled directly by those providers and do not pass through or reside on the website server.
Responsibility for PCI DSS compliance, payment security standards, transaction handling, fraud management, chargebacks, and financial data protection rests with the merchant and the chosen payment service provider.
Clever Thinking Technologies does not guarantee payment processing availability, reliability, or compliance and is not liable for payment-related failures, losses, or enforcement actions arising from third-party payment platforms.
PCI DSS and Compliance Responsibility
Responsibility for PCI DSS compliance, payment security standards, transaction handling, chargebacks, fraud management, and financial data protection rests with:
- The merchant (the website owner), and
- The chosen payment service provider
Clever Thinking Technologies does not guarantee PCI compliance and does not certify or audit payment security compliance unless expressly agreed in writing.
Security and Monitoring Disclaimer
Clever Thinking Technologies does not guarantee website security, immunity from cyber attack, or protection from data breaches.
We do not provide continuous security monitoring, intrusion detection, vulnerability scanning, or compliance auditing unless explicitly included within a separately agreed maintenance or security service.
No representation is made that any website will be free from vulnerabilities, exploits, or unauthorised access.
Third-Party Dependency and Risk
Payment processing, transaction security, and card data handling are dependent on third-party platforms, whose:
- Technology
- Security controls
- APIs
- Terms and conditions
- Pricing models
- Compliance standards
may change at any time without notice.
Clever Thinking Technologies is not responsible for losses, data breaches, service interruptions, or enforcement actions arising from third-party payment platforms or their integrations.
Limitation of Liability
Clever Thinking Technologies shall not be liable for:
- Payment data breaches
- Loss or compromise of customer card information
- Financial losses arising from payment processing issues
- Regulatory penalties or enforcement actions related to payment handling
where such events arise from third-party payment platforms, hosting infrastructure, software vulnerabilities, or circumstances outside our reasonable control.
Nothing in this section limits liability where it would be unlawful to do so under UK law.
6.3 Contact Forms, Enquiries and Email Delivery
Websites commonly rely on third-party plugins, email services, SMTP providers, hosting environments, and external mail servers to deliver contact form submissions, enquiries, and automated emails.
Clever Thinking Technologies does not guarantee that contact forms, enquiry forms, booking forms, or automated emails will operate without interruption or error at all times.
We shall not be liable for missed enquiries, lost messages, delayed emails, spam filtering, or non-delivery of form submissions caused by or arising from:
- Plugin, theme, or system conflicts
- SMTP configuration changes or failures
- Email provider filtering, blocking, or rate limiting
- Server, hosting, or DNS issues
- Security rules, firewalls, or spam protection systems
- Third-party outages, updates, or policy changes
Email delivery is inherently dependent on external systems outside our control and cannot be guaranteed.
6.4 Client Operational Responsibility
The client is responsible for the ongoing operation of their business and for periodically monitoring and verifying that critical website functionality is working as expected.
This includes, but is not limited to:
- Regularly testing contact forms and enquiry delivery
- Reviewing order logs, transaction records, and payment dashboards
- Monitoring customer communications and notifications
- Implementing independent monitoring measures where enquiries or orders are business-critical
Clever Thinking Technologies shall not be liable for business losses, missed opportunities, or commercial impact arising from failures that were not identified due to a lack of client monitoring.
Where a Website Maintenance and Care Plan is in place, the plan provides preventative maintenance and reasonable issue resolution within scope, but does not constitute a guarantee that all failed orders, missed enquiries, or delivery issues will be detected or prevented.
The client is responsible for periodically testing and monitoring contact forms, enquiry forms, and email delivery to ensure they are functioning correctly.
Clients are advised to implement independent monitoring measures where enquiries are business-critical, such as secondary email notifications, CRM logging, form database storage, or manual testing routines.
Clever Thinking Technologies shall not be liable for business losses or missed opportunities arising from undiscovered form or email failures.
No Responsibility for Business Loss or Missed Revenue
Clever Thinking Technologies does not accept responsibility for business losses arising from website use, downtime, errors, or failures.
To the maximum extent permitted by law, we shall not be liable for loss of profits, loss of revenue, loss of anticipated savings, loss of business opportunities, loss of goodwill, or business interruption resulting from the operation or malfunction of any website, eCommerce system, or digital service.
This applies whether losses arise directly or indirectly and whether or not such losses were foreseeable.
Care Plan Limitation in Relation to Orders and Forms
Where a Website Maintenance and Care Plan is in place, Clever Thinking Technologies will use reasonable efforts to monitor website health and address reported issues within the scope of the plan.
However, the Care Plan does not guarantee:
- Detection of every failed order or transaction
- Detection of missed or undelivered form submissions
- Continuous monitoring of form delivery or email success
- Real-time auditing of eCommerce transactions
The client remains responsible for overseeing their business operations, including order processing, customer communications, and enquiry handling.
The Care Plan provides preventative maintenance and reasonable issue resolution, not a guarantee against lost orders, missed enquiries, or commercial losses.
Notification Requirement and Opportunity to Remedy
You agree to notify Clever Thinking Technologies promptly upon becoming aware of any issue affecting orders, transactions, forms, or email delivery.
We shall not be liable for losses that could reasonably have been avoided had prompt notification been given and a reasonable opportunity to investigate and remedy the issue provided.
Reasonableness and Legal Compliance Statement
Nothing in these clauses excludes or limits liability where it would be unlawful to do so under UK law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
All exclusions and limitations are intended to be reasonable, proportionate, and compliant with applicable UK consumer and business-to-business contract law.
The client is responsible for verifying correct operation of orders, payments, and contact forms following launch and on an ongoing basis.
7. AI Services and AI Integrations (Including Chatbase)
7.1 Nature of AI outputs. AI tools can generate inaccurate, incomplete, misleading, or inappropriate outputs (“hallucinations”). AI performance may vary by prompt, context, user input, or model updates.
7.2 No guarantee of accuracy. We do not guarantee the factual accuracy, legal correctness, compliance, or suitability of AI outputs for any purpose.
7.3 Client responsibility for review. You are responsible for reviewing, approving, and supervising any AI-generated content or AI customer interactions before relying on them.
7.4 Model/provider changes. AI providers may change models, pricing, rate limits, behaviour, safety filters, features, or terms at any time. This may change output quality and performance. We are not liable for such changes.
7.5 Chatbots and customer communications. If we install or configure Chatbase (or similar), you acknowledge:
- The chatbot is a third-party tool and may experience downtime or changes
- Users may attempt to manipulate the bot with adversarial prompts
- The bot may produce incorrect answers, which could impact customer decisions
- You should provide disclaimers to end users and consider human escalation routes
- You are responsible for your own policies regarding what the bot is permitted to say (for example medical, legal, financial advice restrictions)
7.6 Data and privacy. You are responsible for ensuring any AI tool usage complies with applicable data protection law, your privacy policy, and your lawful basis for processing. Where required, you must obtain user consent and provide transparent disclosures.
8. Security, Hacking, Malware and Unauthorised Access
8.1 No absolute security guarantee. No website, server, plugin, platform, or network can be made completely secure. We do not guarantee immunity from hacking, malware, spam, DDoS attacks, credential stuffing, or unauthorised access.
8.2 Client duties. You are responsible for:
- Keeping passwords secure and using strong credentials and MFA where possible
- Controlling who has admin access
- Not sharing credentials insecurely
- Informing us promptly of suspicious activity
- Maintaining software updates where you do not have a care plan
8.3 Third-party compromises. We are not liable for compromises caused by:
- Hosting provider failures or breaches
- Third-party plugin/theme vulnerabilities
- Reused passwords, phishing, or social engineering
- Insecure client devices, infected computers, or insecure email accounts
- Access granted to other contractors or staff
8.4 Remediation as separate work. Unless you are on a plan explicitly including security remediation, malware removal, emergency recovery, forensic investigation, and rebuild work are chargeable and quoted separately.
9. Backups, Data Loss and Restoration
9.1 Responsibility. Primary responsibility for your website data and backups remains with you unless a written agreement says otherwise.
9.2 No guarantee of successful recovery. Even where backups exist, restoration may fail due to corruption, incompatibility, incomplete backups, third-party limitations, or timing. We are not liable for data loss, loss of revenue, or consequential loss arising from backup failure.
9.3 Client recommendation. You should maintain independent off-site backups and periodically test recovery.
10. Content, Intellectual Property and Client Materials
10.1 Client content responsibility. You confirm you have the rights to supply all content you provide to us (text, logos, images, video, music, fonts, trademarks).
10.2 Indemnity for supplied materials. You agree to indemnify us against claims arising from materials you supply that infringe third-party rights or breach law.
10.3 Ownership. Upon full payment, you receive ownership of the final deliverables we create for you, except where third-party licences apply. We retain ownership of our pre-existing tools, templates, methods, and know-how.
10.4 Portfolio use. Unless you instruct us in writing not to, you grant us permission to display completed work in our portfolio and marketing materials (excluding confidential information).
11. Accessibility, Compliance and Legal Responsibility
11.1 Accessibility. Unless explicitly included in scope, we do not guarantee compliance with accessibility standards (including WCAG). Accessibility audits and remediation are available as separate services.
11.2 Legal compliance. You are responsible for ensuring your website and business comply with applicable laws (including consumer law, advertising rules, cookies, privacy, GDPR/UK GDPR, ePrivacy, sector regulations). We can provide implementation support but do not provide legal advice.
11.3 Privacy policy and cookie compliance. If we install analytics, marketing pixels, chat widgets, or cookie banners, you are responsible for ensuring your privacy policy disclosures and consent settings are legally appropriate.
12. Testing, Acceptance and Launch
12.1 Testing limits. We test deliverables using reasonable methods, but we cannot test all devices, browsers, networks, user behaviours, plugins, or third-party scenarios.
12.2 Client acceptance. You are responsible for reviewing deliverables and reporting issues promptly. If you approve launch or accept the deliverables, they are deemed accepted.
12.3 Post-launch changes. After launch, changes requested by you or caused by third-party updates may require additional paid work.
13. Hosting (Where Provided)
If you purchase hosting from us, it may be provided through an established UK hosting infrastructure partner and subject to separate hosting terms and acceptable use rules. Server-level outages, infrastructure failures, and upstream provider issues are outside our control.
14. Fees, Payment and Late Payment
14.1 Payment terms. Fees are payable as stated in the quote/proposal/invoice. We may require upfront payment before work begins.
14.2 Late payment. Late payment may result in paused work, withheld deliverables, suspension of services, or service termination. We may charge reasonable administration costs and statutory interest where applicable.
14.3 Third-party costs. Third-party fees (plugins, licences, hosting, domains, AI services, ads spend) are not included unless expressly stated.
14.4 Non-Payment and Debt Recovery
Where payment is not made in accordance with the agreed payment terms, Clever Thinking Technologies reserves the right to take reasonable steps to recover outstanding sums.
This may include, without limitation:
- Suspension or termination of services
- Referral of the outstanding balance to a debt recovery agent
- Issuing a formal letter before action
- Commencing legal proceedings to recover unpaid fees, interest, and reasonable recovery costs
Any recovery action will be conducted in accordance with applicable UK law. Nothing in this clause obliges Clever Thinking Technologies to commence legal proceedings, and we reserve discretion as to the method and timing of any enforcement action.
Late or unpaid invoices may result in suspension of services and recovery action in accordance with our Terms and Conditions.
15. Cancellations, Pauses and Termination
15.1 Any cancellation by the client shall not affect the client’s obligation to pay all fees incurred up to the effective date of cancellation, including work completed, work in progress, and any committed third-party costs. No refunds shall be due.
15.2 Suspension. We may suspend services where:
- Payments are overdue
- You breach these Terms
- Continued work creates legal, technical, or reputational risk
- You request unlawful or prohibited work
15.3 Termination for cause. We may terminate immediately for serious breaches, abusive behaviour, or unlawful requests.
16. Limitation of Liability
16.0 Application
This clause 16 applies to all users of the Services (including consumers and business clients). Where you are acting as a consumer, clause 17.1 (Consumers) applies and takes precedence to the extent of any inconsistency.
16.1 Non-excludable liability
Nothing in these Terms excludes or limits liability where it would be unlawful to do so under applicable law. In particular, nothing in these Terms excludes or limits either party’s liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot lawfully be limited or excluded.
16.2 Excluded losses
Subject to clause 16.1, we shall not be liable for any:
(a) loss of profits;
(b) loss of revenue;
(c) loss of business or contracts;
(d) loss of anticipated savings;
(e) loss of goodwill or damage to reputation;
(f) loss of data or corruption of data;
(g) wasted expenditure; or
(h) indirect or consequential loss,
whether arising in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise.
16.3 Liability cap
Subject to clause 16.1, our total aggregate liability to you arising out of or in connection with the Services (whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) shall be limited to the total fees actually paid by you to us for the relevant Service in the twelve (12) months preceding the event giving rise to the claim.
16.4 Duty to mitigate and protect systems
You agree to take all reasonable steps to mitigate any loss or damage you suffer. Without limitation, you are responsible for:
(a) maintaining appropriate backups of your website, content and data;
(b) controlling access to accounts, passwords and login credentials; and
(c) reporting issues to us promptly after becoming aware of them.
We shall not be liable for any loss or damage to the extent it could reasonably have been avoided or reduced by you.
16.5 Notice and opportunity to remedy
You agree that no claim may be brought against us unless you have first provided written notice of the issue and allowed us a reasonable opportunity to investigate and, where appropriate, attempt to remedy the matter.
16.6 Time limit for claims
Any claim arising out of or in connection with the Services must be commenced within twelve (12) months of the date on which the cause of action arose. Otherwise, the claim shall be time-barred and permanently barred.
17. Consumer and Business Protection Terms
Application and definitions for section 17. These Terms apply to both consumers and business clients. Where a clause is labelled “Consumers”, it applies only to individuals acting outside the course of business. Where a clause is labelled “Business Clients”, it applies only to customers acting in the course of business. Where no label is used, the clause applies to all users.
17.1 Consumers (Individuals / Non-business customers only)
Where you are acting as a consumer (not in the course of business), nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or any other applicable consumer law.
You agree that:
(a) you are responsible for the accuracy of any information, instructions, materials or content you provide to us;
(b) you will ensure that any content, images, text, logos and materials you supply are lawful and do not infringe the rights of any third party;
(c) you are responsible for ensuring your own compliance with any legal obligations applicable to your website or online activity (including privacy and data protection requirements); and
(d) you will not use the Services for unlawful, harmful, or abusive purposes.
17.1.1 Consumer content and third-party rights
Where you are acting as a consumer, you confirm that any content, images, text, logos, materials, or instructions you provide to us (or request that we publish or use as part of the Services) are lawful and do not infringe the rights of any third party.
If we receive any complaint, notice, or claim from a third party (including an allegation of intellectual property infringement, unlawful content, or defamation) relating to materials supplied by you or published at your request, we may remove, suspend, or disable access to the relevant materials and/or Services while we investigate.
17.1.2 Consumer misuse costs (Consumers only)
Where you are acting as a consumer, you agree that if you breach these Terms or misuse the Services and this causes us to incur additional time or costs (for example dealing with spam, malware, security incidents, abuse reports, unlawful content, takedown requests, chargebacks, or third-party complaints), you will reimburse us for our reasonable direct costs of investigating, responding to, and remedying the issue, provided that:
(a) we have notified you of the issue and the costs being incurred;
(b) we have taken reasonable steps to minimise those costs; and
(c) the costs are supported by reasonable evidence (for example invoices, screenshots, or time logs).
This clause does not affect your statutory rights.
17.2 Acceptable Use (All users)
You must not use our Services (or any website, hosting or systems we provide) to:
(a) upload, store or distribute malware, viruses or harmful code;
(b) send spam, phishing emails or unsolicited marketing;
(c) infringe intellectual property rights;
(d) publish defamatory, obscene or illegal content; or
(e) attempt unauthorised access to systems, accounts, data, or networks.
We may suspend or terminate Services where necessary to protect our systems, other customers, or third parties.
17.3 Third Party Services (All users)
Our Services may rely on, interact with, or be affected by third party providers or platforms (including hosting providers, domain registrars, payment processors, email providers, WordPress/plugin/theme developers, AI platforms, and social media platforms).
We do not control these third parties and are not responsible for:
(a) outages, downtime or service interruptions;
(b) changes to policies, pricing, features, or algorithms;
(c) third party security incidents or vulnerabilities; or
(d) limitations, errors or performance issues within third party services.
17.4 AI Tools and Outputs (All users)
Where our Services involve AI tools or AI-generated outputs, you acknowledge that:
(a) AI outputs may contain errors or omissions;
(b) AI outputs should not be treated as professional, legal, financial, medical, or other regulated advice; and
(c) you are responsible for independently reviewing and approving any AI outputs before use, publication or reliance.
17.5 Complaints (All Users)
If you are unhappy with the Services, you agree to contact us first to allow a reasonable opportunity to investigate and resolve the issue. Nothing in this clause limits your legal rights.
17.6 Good faith dispute resolution (All Users)
Before commencing any legal proceedings, the parties agree to attempt in good faith to resolve any dispute arising out of or in connection with the Services through informal negotiation.
Where requested by either party, the dispute shall be referred to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) rules before legal proceedings are issued, except where urgent injunctive relief is required.
17.7 Indemnities (Business Clients only)
Where you are acting in the course of business, you agree to indemnify us and keep us indemnified on demand against all claims, demands, actions, proceedings, losses, liabilities, damages, costs and expenses (including legal fees and disbursements) suffered or incurred by us arising out of or in connection with:
(a) your breach of these Terms or any applicable policy or instruction we provide;
(b) any content, materials, data, instructions or approvals you provide to us, or request that we use, publish, host, display, process or transmit as part of the Services (including any allegation that such content is unlawful, defamatory, misleading, or infringes any intellectual property rights or other rights of any third party);
(c) your products, services, pricing, claims, offers, promotions, fulfilment, customer service, refunds, cancellations or any other aspect of your business activities promoted, sold or made available via the website, deliverables or campaigns;
(d) your use of the website, deliverables, hosting environment, integrations, third-party platforms, or any AI tools and/or AI outputs made available by us as part of the Services, including any use outside our instructions or intended purpose; and/or
(e) your failure to comply with applicable law, regulation or industry codes (including data protection, privacy, e-privacy/marketing rules, consumer protection and advertising standards).
This indemnity applies whether the relevant claim is brought by a third party, a regulator, or any other person, and includes (without limitation) claims arising from customer disputes, chargebacks, takedown requests, and intellectual property complaints.
17.8 Force Majeure (All Users)
We are not liable for delays or failures caused by events outside our reasonable control, including but not limited to provider outages, cyber incidents, power failures, strikes, supply chain failures, severe weather, or changes imposed by third-party platforms.
17.9 Client Changes, Third-party Access and Responsibility (All Users)
17.9.1 During development
While we are developing, configuring or testing the Services (including websites, hosting, maintenance, marketing assets, or deliverables), you agree that you will not make changes to the website, server, integrations, plugins, themes, DNS, accounts, or related systems (or allow any third party to do so) unless we have agreed this in writing.
If you make changes (or permit third-party changes) during development, we are not responsible for any resulting errors, delays, loss of functionality, security issues, malware infections, broken layouts, or additional remedial work required. Any additional work required to restore or correct issues caused by such changes will be chargeable.
17.9.2 After delivery but before final payment
Where deliverables are provided to you for review, testing or approval before final payment, you agree that you must not publish, modify, deploy, migrate, integrate or otherwise use the deliverables (or allow any third party to do so) in a live environment unless we have agreed this in writing.
We are not responsible for any loss, damage, errors, security issues, malware infections, downtime, or other issues caused by use, modification or deployment of deliverables by you or third parties prior to final payment and handover.
17.9.3 After payment and/or handover
After final payment and/or handover, you acknowledge that you (and any third party acting on your behalf) are responsible for any changes made to:
- content, pages, products or settings;
- plugins, themes, scripts or tracking code;
- users, permissions, passwords, API keys or integrations;
- hosting environment, DNS, email configuration, security settings, or server configuration.
We are not responsible for any errors, faults, security issues, malware infections, downtime, data loss or performance issues arising from changes made by you or any third party acting on your behalf (including other developers, administrators, contractors, staff, friends or agencies), or from the installation, removal or alteration of plugins, themes, scripts or integrations not implemented by us.
For the avoidance of doubt, where an issue is caused by third-party changes or third-party access, it is outside the scope of our Services unless we agree in writing to investigate and fix it (which may be chargeable).
18. Copyright, Originality and Inadvertent Similarity
Independent Creation
All designs, layouts, content, graphics, branding, websites, videos, marketing materials, and other deliverables created by Clever Thinking Technologies are produced independently using reasonable professional skill, care, and judgement.
We do not knowingly copy, reproduce, or intentionally imitate the copyrighted works, designs, branding, or intellectual property of third parties.
Inadvertent Similarity
You acknowledge that in creative and digital industries, similarities between independently created works may occur unintentionally due to common design trends, industry conventions, functional requirements, popular layouts, widely used tools, templates, themes, stock assets, and publicly available references.
Clever Thinking Technologies shall not be liable for claims of copyright infringement, design infringement, or passing off arising solely from inadvertent or coincidental similarity where there has been no intentional copying and where the work was created independently and in good faith.
No Knowledge of Third-Party Rights
We do not warrant that deliverables will be entirely unique or free from similarity to existing works, nor do we represent that we have conducted exhaustive searches of all existing designs, brands, trademarks, copyrighted materials, or online content.
Unless expressly agreed in writing, we do not provide intellectual property clearance searches, trademark searches, or infringement risk assessments.
Client Approval and Responsibility
You are responsible for reviewing and approving deliverables before use, publication, or distribution.
Approval or use of any deliverable constitutes acceptance that it is suitable for your intended purpose and that you are satisfied it does not infringe the rights of any third party to the best of your knowledge.
Clever Thinking Technologies shall not be liable for claims arising from continued use of approved deliverables after approval or publication.
Client-Supplied References and Materials
Where you supply reference materials, examples, inspiration, competitor websites, designs, content, or instructions, you confirm that you have the right to use such materials and that their use does not infringe third-party rights.
You agree to indemnify Clever Thinking Technologies against claims arising from materials, instructions, or references supplied by you.
Modification, Combination and Use by Client
We shall not be liable for infringement arising from:
- Modifications made by you or third parties after delivery
- Combination of deliverables with other content, designs, systems, or materials
- Use of deliverables outside their intended scope or context
- Continued use after we notify you of a potential issue
Limitation of Liability for Copyright Claims
To the maximum extent permitted by law, Clever Thinking Technologies shall not be liable for indirect or consequential losses arising from alleged copyright or intellectual property infringement, including loss of profits, loss of revenue, reputational damage, legal costs, or business interruption.
Nothing in this section excludes liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
19. Third-Party Fonts, Stock Media, Music and Licensed Assets
Use of Third-Party Assets
In the course of providing design, development, marketing, video, content creation, branding, and related services, Clever Thinking Technologies may use or integrate third-party assets, which may include fonts, stock images, stock video, illustrations, icons, audio, music, sound effects, templates, plugins, themes, and other licensed materials.
Such assets are subject to the licence terms, usage restrictions, limitations, expiry conditions, and attribution requirements imposed by the relevant third-party rights holders.
Licence Scope and Limitations
Unless expressly agreed otherwise in writing, any third-party fonts, stock media, music, or licensed assets included in deliverables are licensed only for the specific project, website, platform, or use originally agreed.
Licences may be limited by:
- Time period
- Number of users
- Number of impressions or views
- Distribution channels
- Geographic territory
- Commercial or non-commercial use
We do not guarantee that licences permit reuse, redistribution, resale, sublicensing, modification, or use across multiple platforms or future projects.
Client Responsibility After Delivery
You are responsible for ensuring that your ongoing use of any third-party fonts, stock media, music, or licensed assets complies with the applicable licence terms after delivery.
This includes, but is not limited to:
- Reuse of assets in new campaigns or materials
- Use across additional websites, platforms, or domains
- Modification, cropping, editing, or adaptation
- Continued use after licence expiry
Clever Thinking Technologies is not responsible for monitoring licence compliance after delivery unless expressly agreed as part of an ongoing service.
Client-Supplied Assets
Where you supply fonts, images, video, audio, music, graphics, templates, or other materials, you confirm that you hold the necessary rights, permissions, and licences to use those materials for the intended purpose.
You agree to indemnify Clever Thinking Technologies against any claims, losses, damages, or costs arising from the use of materials supplied by you that infringe third-party intellectual property rights or breach licence terms.
No Liability for Third-Party Licence Enforcement
Clever Thinking Technologies shall not be liable for claims, takedown notices, enforcement actions, licence disputes, fees, penalties, or losses arising from:
- Breach of third-party licence terms
- Misuse or unauthorised reuse of licensed assets
- Expired, withdrawn, or changed licences
- Changes to third-party licensing models or terms
This includes claims made by stock libraries, font foundries, music licensors, rights management organisations, or content platforms.
No Guarantee of Future Availability
Third-party fonts, stock media, music, and licensed assets may be withdrawn, relicensed, restricted, or removed by rights holders at any time.
Clever Thinking Technologies does not guarantee the ongoing availability or future licensing terms of any third-party assets used in deliverables.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
20. Creative Subjectivity, Professional Judgement and Approval
Subjective Nature of Creative Work
You acknowledge that creative services, including but not limited to website design, branding, logos, graphic design, flyers, catalogues, videos, marketing materials, social content, layouts, colour schemes, typography, and visual styles, are inherently subjective.
Opinions on design quality, aesthetics, effectiveness, style, and suitability may vary between individuals, audiences, markets, and over time.
Accordingly, Clever Thinking Technologies does not guarantee that creative deliverables will align with personal taste, subjective preference, or evolving aesthetic expectations beyond the agreed scope.
Professional Judgement Standard
Creative work is produced using reasonable skill, care, and professional judgement based on the information, instructions, references, and objectives provided by you at the time of delivery.
We are not responsible for dissatisfaction arising from changes in personal preference, internal stakeholder opinions, market trends, competitor activity, or hindsight following delivery.
Review, Feedback and Revisions
You are responsible for reviewing deliverables promptly and providing clear, consolidated feedback within any agreed revision period.
Unless expressly agreed otherwise in writing:
- Reasonable minor revisions are included
- Requests that materially change the agreed concept, direction, layout, structure, or functionality fall outside scope and may be charged separately
Failure to provide feedback within a reasonable time may delay delivery and does not constitute grounds for rejection.
Approval and Acceptance
Approval of deliverables, whether express or implied, constitutes acceptance of the work as delivered.
Approval may include, without limitation:
- Written approval by email or message
- Requesting launch, publication, printing, distribution, or deployment
- Use of the deliverables in live environments, campaigns, or materials
- Failure to raise objections within a reasonable period after delivery
Once approval has been given, the deliverables are deemed accepted and suitable for their intended purpose.
Post-Approval Changes
Any changes, revisions, redesigns, or rework requested after approval are outside the original scope and may be quoted and charged separately.
Clever Thinking Technologies is not liable for dissatisfaction, commercial performance, or outcomes arising after approval or use of the deliverables.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
21. No Guarantee of Brand, Design or Creative Success
Clever Thinking Technologies provides creative, design, branding, content, marketing, and related services on a professional best-practice basis only.
While we aim to produce work that is commercially reasonable, fit for purpose, and aligned with the agreed brief, we do not guarantee that any design, brand, logo, website, campaign, video, flyer, catalogue, graphic, social content, or creative output will achieve specific commercial, reputational, or performance outcomes.
In particular, we do not guarantee:
- Brand recognition, recall, or market positioning
- Customer engagement, leads, sales, or conversions
- Audience response, sentiment, or perception
- Increased visibility, reach, or awareness
- Competitive advantage or differentiation
- Viral performance or sustained traction
Creative success depends on numerous factors outside our control, including but not limited to market conditions, competition, pricing, product quality, customer service, distribution channels, advertising spend, audience behaviour, timing, platform algorithms, and external economic conditions.
You acknowledge that creative and branding work involves elements of interpretation, judgement, and subjectivity, and that commercial success cannot be predicted or assured in advance.
Accordingly, Clever Thinking Technologies shall not be liable for dissatisfaction, loss of opportunity, or perceived underperformance arising solely from the fact that creative work did not achieve a desired or anticipated result, provided that the services were delivered with reasonable skill and care and in accordance with the agreed scope.
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
22. Client-Supplied Information Accuracy and Responsibility
Accuracy of Information Provided
You are responsible for ensuring that all information, materials, content, data, instructions, and approvals supplied to Clever Thinking Technologies are accurate, complete, up to date, and lawful.
This includes, without limitation:
- Business names, addresses, contact details, and email addresses
- Prices, offers, promotions, and availability
- Product or service descriptions and specifications
- Claims, statements, testimonials, and representations
- Legal notices, disclaimers, policies, and terms
- Branding instructions, slogans, and marketing messages
Clever Thinking Technologies relies on the information you provide and is not responsible for verifying its accuracy unless expressly agreed in writing.
No Liability for Errors in Supplied Information
Clever Thinking Technologies shall not be liable for errors, omissions, inaccuracies, misstatements, or consequences arising from information, materials, or instructions supplied by you or on your behalf.
This includes, but is not limited to:
- Incorrect pricing or offers
- Misleading or unlawful claims
- Outdated content remaining live
- Incorrect contact details or links
- Regulatory, advertising, or consumer complaints arising from supplied content
Client Review and Approval Responsibility
You are responsible for reviewing deliverables and approving all content, layouts, copy, pricing, claims, and functionality before launch, publication, printing, distribution, or use.
Approval or use of deliverables constitutes confirmation that the information contained within them is accurate and suitable for your intended purpose.
Clever Thinking Technologies shall not be liable for issues arising from continued use of approved materials.
Updates and Changes
You are responsible for promptly notifying us of any changes to information that may affect your website, marketing materials, content, pricing, or compliance.
Unless an ongoing maintenance or update service has been agreed, we are not responsible for monitoring changes to your business information or updating content after delivery.
Legal Compliance Responsibility
You remain solely responsible for ensuring that information you supply complies with applicable laws and regulations, including consumer protection, advertising standards, pricing transparency, and sector-specific rules.
Clever Thinking Technologies does not provide legal advice and does not guarantee the legal or regulatory compliance of client-supplied information.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation
23. Approval, Sign-Off and Finality of Deliverables
Review and Approval Obligation
You are responsible for reviewing all deliverables provided by Clever Thinking Technologies promptly and thoroughly, including but not limited to websites, designs, layouts, content, copy, pricing, functionality, integrations, videos, graphics, flyers, catalogues, marketing materials, and configurations.
You must notify us of any issues, errors, or required changes within a reasonable time or within any agreed review period.
What Constitutes Approval
Approval or sign-off may be given expressly or impliedly.
Approval includes, without limitation:
- Written confirmation of approval by email or message
- Requesting launch, publication, printing, deployment, distribution, or promotion
- Use of the deliverables in live environments, campaigns, or materials
- Payment of an invoice relating to the completed stage or deliverable
- Failure to raise objections within a reasonable period after delivery
Once approval has occurred, the deliverables are deemed accepted as complete and suitable for their intended purpose.
Finality After Approval
Following approval or acceptance, Clever Thinking Technologies shall have no obligation to make further changes, corrections, or revisions to the approved deliverables unless otherwise agreed in writing.
Any additional work requested after approval, including amendments, redesigns, rework, corrections, updates, or enhancements, shall be treated as out-of-scope work and may be quoted and charged separately.
No Liability After Acceptance
Clever Thinking Technologies shall not be liable for dissatisfaction, errors, omissions, performance issues, or commercial outcomes arising from approved deliverables, except where required by law.
This includes issues that could reasonably have been identified during the review and approval process.
Ongoing Responsibility After Launch
After launch, publication, or handover, responsibility for ongoing operation, content accuracy, compliance, updates, monitoring, and use of the deliverables rests with you unless an ongoing service or care plan has been expressly agreed in writing.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
24. No Guarantee of Compatibility Across All Devices, Browsers and Platforms
Reasonable Testing Standard
Clever Thinking Technologies tests websites, designs, and digital deliverables using reasonable and commercially practical methods based on commonly used devices, screen sizes, browsers, operating systems, and environments available at the time of development.
We do not guarantee that deliverables will display, function, or perform identically across all devices, browsers, operating systems, screen resolutions, network conditions, accessibility tools, assistive technologies, email clients, social platforms, third-party apps, or future software versions.
Platform and Environment Variability
Differences in appearance, layout, performance, or functionality may arise due to factors outside our control, including but not limited to:
- Device hardware limitations or manufacturer variations
- Operating system versions and updates
- Browser versions, rendering engines, and settings
- User-installed extensions, plugins, or accessibility tools
- Network conditions, bandwidth, or security restrictions
- Email clients, social platforms, or in-app browsers
- Third-party software, plugins, themes, or integrations
Such variations do not constitute a defect or failure of services.
Legacy, Obsolete and Edge-Case Systems
Unless expressly agreed in writing, we do not guarantee compatibility with:
- Legacy or obsolete devices or operating systems
- Uncommon or deprecated browsers
- Jailbroken, modified, or non-standard environments
- Internal corporate systems with restrictive security policies
Support for such environments may be quoted as additional work.
Future Changes and Updates
We do not guarantee continued compatibility following changes made after delivery, including but not limited to:
- Browser or operating system updates
- Platform, device, or framework updates
- Plugin, theme, or third-party software updates
- Changes introduced by hosting providers or CDNs
Unless an ongoing maintenance or support service has been agreed, we are not responsible for adapting deliverables to future platform changes.
Client Responsibility and Reporting
You are responsible for reviewing deliverables during the testing and approval phase and for reporting any compatibility issues promptly.
Issues reported after approval, launch, or prolonged use may require additional paid work unless covered by an agreed support or care plan.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
25. Reasonable Skill, Knowledge Limitations and Human Error
Reasonable Skill and Care Standard
Clever Thinking Technologies provides services using reasonable skill, care, and professional judgement consistent with the standards generally expected of a competent UK web design, digital services, and creative services provider operating in the relevant field at the time the services are delivered.
We do not hold ourselves out as infallible, omniscient, or possessing specialist or expert knowledge in every possible technology, platform, framework, regulation, or future development unless expressly agreed in writing.
Complexity and Evolving Technology
You acknowledge that websites, software, platforms, plugins, hosting environments, search engines, AI tools, marketing systems, and digital technologies are complex and constantly evolving.
Despite reasonable care, errors, omissions, limitations, misunderstandings, or unforeseen issues may arise due to:
- Incomplete or unclear instructions
- Conflicting requirements or third-party constraints
- Limitations of tools, platforms, or documentation
- Rapid technological change or undocumented behaviour
- Reasonable reliance on third-party guidance or materials
Such matters do not constitute negligence where services have been provided with reasonable skill and care.
No Absolute Guarantee of Perfection
Clever Thinking Technologies does not guarantee that services or deliverables will be entirely error-free, flawless, or suitable for every conceivable purpose, environment, or use case.
Minor defects, non-critical errors, or limitations that do not materially prevent the agreed use of the deliverables shall not constitute a breach of contract.
Opportunity to Remedy
Where an error arises that is attributable to Clever Thinking Technologies and falls within the agreed scope, you must allow us a reasonable opportunity to investigate and, where appropriate, remedy the issue before seeking alternative solutions or making a claim.
Remedial work is limited to what is reasonable and proportionate in light of the original scope and fees.
Exclusions Preserved by Law
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
26. File Retention, Storage and Archiving
Limited Retention Period
Unless expressly agreed otherwise in writing, Clever Thinking Technologies retains project files, source files, working files, drafts, assets, backups, emails, and related materials only for a limited period after project completion, delivery, or termination.
We do not guarantee long-term storage or indefinite retention of files, including but not limited to design files, website backups, source code, media assets, or configuration data.
Client Responsibility to Download and Store
You are responsible for downloading, storing, and backing up all deliverables, files, and materials provided to you upon completion of the services.
Once files have been delivered or access has been provided, responsibility for safe storage, backup, and future access transfers to you unless an ongoing storage or maintenance service has been agreed.
Archiving, Deletion and Loss
Files may be archived, deleted, overwritten, or become inaccessible due to storage limits, system changes, security practices, platform changes, or data management policies.
Clever Thinking Technologies shall not be liable for loss of files, inability to retrieve historical materials, or costs associated with recreating or reconstructing deliverables after the retention period has passed.
Retrieval Requests
Requests to retrieve, restore, or recreate archived or deleted files are not guaranteed and may not be possible.
Where retrieval or recreation is possible, it may be treated as new work and quoted and charged separately.
Third-Party Storage and Platforms
Where files are stored on third-party platforms (including hosting providers, cloud storage, project management tools, email systems, or version control services), continued availability is subject to the policies, limitations, and availability of those providers.
We are not responsible for third-party data loss, account closures, service changes, or access restrictions.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
27. No Obligation to Match Competitors, Trends or Industry Practices
No Duty to Replicate or Match Competitors
Clever Thinking Technologies is not obliged to replicate, match, emulate, or keep pace with the design, features, functionality, content, marketing strategies, technologies, pricing, or performance of competitors, third-party websites, platforms, agencies, or industry participants.
Comparisons to competitor websites, designs, campaigns, tools, or approaches do not constitute a defect, failure, or shortcoming in the services provided.
Industry Trends and Best Practices
While we may apply generally accepted practices and current knowledge at the time services are delivered, we do not guarantee that deliverables will reflect emerging, future, or rapidly evolving trends in design, marketing, technology, AI, SEO, or digital platforms.
Trends, preferences, and “best practices” may change over time and may vary by industry, geography, audience, and platform.
No Retrospective Standards
Services are assessed based on the standards, tools, information, and requirements reasonably available at the time the work was carried out.
Clever Thinking Technologies is not responsible for dissatisfaction, perceived obsolescence, or reduced effectiveness arising from changes in trends, technology, competitor behaviour, or market expectations after delivery.
No Ongoing Obligation to Update
Unless an ongoing maintenance, support, optimisation, or advisory service has been expressly agreed in writing, we are under no obligation to update, revise, modernise, or adapt deliverables to reflect:
- New design or branding trends
- New marketing techniques or platforms
- New AI tools or workflows
- Changes in competitor behaviour
- Shifts in user expectations or industry norms
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
28. Website Repair, Recovery and Malware Removal Limitation
Nature of Repair and Malware Services
Website repair, recovery, malware removal, and security remediation services involve working with complex systems that may already be compromised, damaged, outdated, misconfigured, or affected by unknown third-party code.
You acknowledge that such services are provided on a best-efforts basis and that outcomes cannot be guaranteed due to factors outside our control.
No Guarantee of Complete Removal or Restoration
Clever Thinking Technologies does not guarantee that:
- All malware, malicious code, backdoors, or vulnerabilities will be identified or removed
- The website will be fully restored to its pre-incident condition
- Data, content, functionality, or configurations will be recoverable
- The site will not be re-infected after remediation
Hidden malware, dormant backdoors, or previously undiscovered vulnerabilities may remain or re-emerge despite reasonable remediation efforts.
No Responsibility for Underlying Causes
We are not responsible for vulnerabilities or compromises arising from:
- Outdated or unsupported plugins, themes, or software
- Poor historical security practices
- Insecure hosting environments or server-level issues
- Weak passwords, credential reuse, or compromised email accounts
- Third-party integrations, scripts, or injected code
- Access previously granted to other developers, contractors, or users
Re-Infection and Ongoing Security
Unless an ongoing maintenance, monitoring, or security service has been expressly agreed in writing, we do not provide continuous monitoring, intrusion detection, or future security protection.
Re-infection or subsequent compromise does not constitute a failure of the repair or malware removal service.
Limitations on Liability
Clever Thinking Technologies shall not be liable for:
- Loss of data, content, or functionality
- Loss of revenue, sales, leads, or reputation
- Business interruption or downtime
- Consequential or indirect losses arising from compromise or repair
Our obligation is limited to carrying out reasonable remediation steps within the agreed scope.
Client Cooperation and Disclosure
You agree to provide full and accurate information regarding the website’s history, access credentials, previous incidents, and third-party integrations.
Failure to disclose relevant information may limit the effectiveness of remediation and does not constitute fault on our part.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
29. Client Environment and Access Limitation
Client-Controlled Environments
Where services are performed within systems, platforms, accounts, hosting environments, domains, repositories, email services, ad accounts, analytics platforms, AI tools, or software that are owned, licensed, or controlled by you or third parties engaged by you, Clever Thinking Technologies operates solely within the access permissions and technical constraints provided.
We do not control and are not responsible for the configuration, security, performance, availability, or historical condition of such environments unless expressly agreed in writing.
Access Limitations and Constraints
Our ability to provide services may be limited or affected by:
- Restricted or partial access permissions
- Incorrect, expired, or revoked credentials
- Hosting limitations or resource caps
- Account-level restrictions or suspensions
- Third-party security policies or firewalls
- Prior modifications made by other developers or contractors
Delays, limitations, or failures arising from such constraints do not constitute a breach of contract.
No Responsibility for Pre-Existing Issues
We are not responsible for faults, errors, vulnerabilities, misconfigurations, performance issues, or non-compliance that existed prior to our involvement or that arise from historical changes made by others.
Identification or remediation of pre-existing issues is outside scope unless expressly agreed.
Risk of Working in Live Environments
You acknowledge that work performed on live systems may carry inherent risks, including temporary disruption, compatibility issues, or unintended interactions with existing code, plugins, configurations, or data.
Unless a staging or test environment is provided or expressly agreed, Clever Thinking Technologies is not liable for issues arising from work performed directly on live systems.
Client Cooperation Obligation
You agree to:
- Provide timely, accurate, and secure access
- Ensure credentials are current and authorised
- Inform us of any restrictions, policies, or known issues
- Maintain control over who else has access
Failure to do so may limit our ability to perform services and does not constitute fault on our part.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
30. Third-Party Account Suspension, Restriction and Enforcement Disclaimer
Reliance on Third-Party Platforms
Many services provided by Clever Thinking Technologies rely on third-party platforms, accounts, and services that are owned, operated, and controlled by external providers.
These may include, without limitation:
- Advertising platforms and ad accounts
- Social media accounts and business managers
- Email providers and SMTP services
- Analytics, tracking and tag management platforms
- Hosting control panels and infrastructure
- AI platforms, chatbot services and APIs
- Payment processors and merchant accounts
- Marketplaces, app stores and content platforms
Such platforms operate independently and are subject to their own terms, policies, enforcement mechanisms, and discretionary decisions.
No Control Over Suspensions or Restrictions
Clever Thinking Technologies has no control over, and accepts no responsibility for, the suspension, restriction, limitation, termination, or loss of access to any third-party account or service.
This includes actions taken by third-party providers due to, without limitation:
- Alleged or actual policy breaches
- Automated enforcement or algorithmic decisions
- Account reviews, audits, or risk assessments
- Changes to terms, policies, eligibility rules, or acceptable use
- Payment disputes, chargebacks, or verification issues
- Content moderation decisions
- Security concerns or suspected misuse
Such actions do not constitute a failure of services provided by Clever Thinking Technologies.
No Guarantee of Account Approval or Continuity
We do not guarantee:
- Approval of new accounts or ad campaigns
- Continued access to existing accounts
- Reinstatement of suspended or restricted accounts
- Consistent performance or availability of third-party services
Account approval, enforcement, and reinstatement decisions rest solely with the third-party provider.
Assistance Does Not Imply Responsibility
Where we assist with account setup, configuration, appeals, or communications with third-party providers, such assistance is provided on a best-efforts basis only.
We do not guarantee the outcome of appeals, reviews, or reinstatement requests and are not liable for decisions made by third-party providers.
Client Responsibility for Compliance
You remain solely responsible for ensuring compliance with all applicable third-party terms, policies, advertising rules, content standards, payment requirements, and legal obligations.
You are responsible for reviewing and keeping up to date with the policies of the platforms you use.
No Liability for Losses Arising from Suspension
Clever Thinking Technologies shall not be liable for losses arising from third-party account suspension or restriction, including but not limited to:
- Loss of advertising access or spend
- Loss of leads, sales, revenue, or data
- Business interruption or reputational impact
- Delays or inability to deliver services
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
31. No Guarantee of Continued Availability of Tools or Services
Dependence on Third-Party Tools and Services
Many services provided by Clever Thinking Technologies rely on third-party tools, platforms, software, plugins, themes, APIs, hosting features, AI services, and external providers that are not owned or controlled by us.
Such tools and services may be changed, restricted, withdrawn, deprecated, discontinued, suspended, or materially altered by their providers at any time.
No Guarantee of Ongoing Availability or Functionality
Clever Thinking Technologies does not guarantee the continued availability, functionality, performance, pricing, licensing terms, features, integrations, or compatibility of any third-party or external tool or service used in connection with your website or services.
This includes, without limitation:
- Plugins, themes, frameworks, or libraries
- Hosting features or server configurations
- AI models, chatbots, APIs, or automation tools
- Analytics, tracking, or marketing platforms
- Email, SMTP, form, or notification services
The unavailability or change of such tools does not constitute a defect or failure of our services.
Changes After Delivery
Where a tool, service, or feature becomes unavailable, restricted, altered, or incompatible after delivery, Clever Thinking Technologies is under no obligation to replace, substitute, reconfigure, or redevelop functionality unless expressly agreed in writing.
Any work required to adapt to such changes shall be treated as out-of-scope and may be quoted and charged separately.
No Liability for Discontinuation or Withdrawal
Clever Thinking Technologies shall not be liable for losses, disruption, or inconvenience arising from:
- Discontinuation or withdrawal of third-party tools or services
- Changes to terms, pricing, usage limits, or eligibility
- Forced upgrades or migrations imposed by providers
- API shutdowns or feature removals
- Loss of access due to provider decisions
This includes loss of functionality, automation, data access, or performance.
Client Responsibility for Awareness and Decisions
You acknowledge that the digital ecosystem evolves rapidly and that reliance on third-party tools carries inherent risk.
You are responsible for deciding whether to continue using, replace, or discontinue any affected tool or service following changes imposed by third-party providers.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
32. Client Cooperation and Assistance
Duty to Cooperate
You agree to cooperate with Clever Thinking Technologies in a timely, reasonable, and professional manner to enable us to perform the services.
This includes, without limitation, providing information, materials, content, approvals, instructions, decisions, access credentials, and feedback as reasonably requested.
Timely Responses and Approvals
You acknowledge that delays in providing information, approvals, access, or responses may delay delivery, affect outcomes, or limit the effectiveness of the services.
Delivery dates, milestones, and timelines are estimates unless expressly agreed in writing as fixed deadlines and will move accordingly where delays are caused by you or by parties acting on your behalf.
Accuracy and Completeness of Cooperation
You are responsible for ensuring that any information, instructions, credentials, and materials provided are accurate, complete, current, and authorised.
Clever Thinking Technologies is not responsible for delays, errors, or issues arising from inaccurate, incomplete, outdated, or unauthorised information or access supplied by you.
Availability and Decision-Making
You agree to make reasonable efforts to be available for reviews, approvals, and decision-making where required to progress the services.
Where decisions are not provided within a reasonable time, we may proceed based on reasonable assumptions or pause work until clarification is received, without liability.
Third Parties and Internal Stakeholders
Where your project involves third parties, internal teams, or external decision-makers, you remain responsible for coordinating input, approvals, and access.
Delays or conflicts involving such parties do not constitute a failure on our part.
Suspension for Non-Cooperation
Where progress is materially hindered due to a lack of cooperation, repeated delays, or failure to provide required information or access, we reserve the right to pause or suspend work until cooperation resumes.
Such suspension does not constitute a breach of contract and does not affect your obligation to pay for work completed.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
33. Reputation, Reviews and Public Feedback Disclaimer
No Control Over Third-Party Reviews or Commentary
Clever Thinking Technologies has no control over, and accepts no responsibility for, reviews, ratings, comments, testimonials, feedback, or public statements made about you or your business by customers, users, competitors, or third parties.
This includes reviews or commentary posted on platforms such as Google, Trustpilot, social media platforms, forums, marketplaces, directories, or any other third-party website or service.
No Guarantee of Reputation or Public Perception
We do not guarantee any particular public perception, reputation outcome, sentiment, rating, review score, or volume of reviews arising from the services provided.
Public perception and reputation depend on numerous factors outside our control, including customer experience, pricing, service delivery, individual expectations, competitor activity, and platform moderation policies.
No Liability for Reputational Impact
Clever Thinking Technologies shall not be liable for reputational harm, loss of goodwill, negative publicity, adverse reviews, reduced ratings, or similar outcomes, even where such outcomes arise during or after the provision of services.
This includes situations where work is technically correct, professionally delivered, and within scope but does not generate favourable public response.
Review Generation and Reputation Support Services
Where we assist with reputation management, review prompts, review generation tools, or customer feedback mechanisms, such assistance is provided on a best-efforts basis only.
We do not guarantee:
- Positive reviews
- Removal of negative reviews
- Review platform approval or reinstatement
- Compliance decisions made by review platforms
Final decisions regarding moderation, removal, visibility, or enforcement rest solely with the relevant third-party platform.
Client Responsibility for Conduct and Responses
You remain responsible for how your business engages with customers, responds to reviews, handles complaints, and manages customer relationships.
We are not responsible for reputational impact arising from your conduct, communications, policies, pricing, service delivery, or dispute handling.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
34. No Fiduciary, Partnership or Advisory Relationship
Independent Service Provider Status
Clever Thinking Technologies provides services as an independent contractor only.
Nothing in these Terms, nor any services provided, creates or shall be deemed to create a fiduciary relationship, partnership, joint venture, agency, employment relationship, or relationship of trust or confidence between you and Clever Thinking Technologies.
No Professional or Regulated Advice
Any information, guidance, suggestions, opinions, recommendations, or assistance provided by Clever Thinking Technologies are offered on a general and non-advisory basis only.
We do not provide legal, financial, tax, accounting, regulatory, investment, medical, or other professional advice, nor do we hold ourselves out as qualified to do so.
You should obtain independent professional advice where appropriate before relying on any information or recommendations provided.
No Duty to Act in Client’s Best Interests Beyond Contract
We do not owe you any duty to act in your best interests beyond performing the services with reasonable skill and care in accordance with the agreed scope.
We are not responsible for making strategic, commercial, financial, compliance, or business decisions on your behalf.
Client Responsibility for Decisions and Outcomes
You remain solely responsible for:
- Business decisions and strategy
- Pricing, offers, and commercial positioning
- Legal and regulatory compliance
- Acceptance or rejection of recommendations
- How deliverables are used, implemented, or relied upon
Any reliance on information or recommendations provided by Clever Thinking Technologies is at your own risk.
No Authority to Bind Client
Clever Thinking Technologies has no authority to bind you to contracts, agreements, representations, or commitments with third parties unless expressly authorised in writing.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
35. Force of Rapid Technology Change
Acknowledgement of Rapid Technological Change
You acknowledge that digital technologies, platforms, software, search engines, hosting environments, browsers, devices, AI tools, APIs, and online services evolve rapidly and often unpredictably.
Changes may occur with little or no notice and may materially affect functionality, compatibility, performance, availability, security, or effectiveness of websites, services, integrations, or deliverables.
No Liability for Change Beyond Reasonable Control
Clever Thinking Technologies shall not be liable for delays, limitations, reduced performance, incompatibility, disruption, or loss arising from rapid or unforeseen technological changes that are outside our reasonable control, including but not limited to:
- Platform, software, or operating system updates
- Search engine or AI model changes
- Browser rendering changes
- Hosting or infrastructure changes
- API modifications, deprecations, or shutdowns
- Security updates or enforcement actions
- Regulatory or policy changes imposed by third-party platforms
Such events shall not constitute a breach of contract where services were delivered with reasonable skill and care based on the standards and information available at the time.
No Obligation to Anticipate or Pre-Empt Change
Unless expressly agreed in writing, Clever Thinking Technologies is under no obligation to anticipate, predict, monitor, or pre-empt future technological developments, platform changes, policy shifts, or industry-wide changes.
Adaptation, redevelopment, reconfiguration, or replacement work required as a result of such changes is outside the original scope and may be quoted and charged separately.
Time-of-Delivery Standard
Services and deliverables are assessed based on the technological environment, tools, standards, and requirements reasonably available at the time the work was performed.
Clever Thinking Technologies is not responsible for perceived obsolescence or reduced effectiveness arising after delivery due to subsequent technological developments.
Relationship to Force Majeure
Where rapid technological change results in events beyond our reasonable control that materially prevent or delay performance, such events may be treated as force majeure for the purposes of these Terms.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
36. Professional Indemnity Alignment and Reasonable Liability
Services Aligned With Professional Indemnity Standards
Clever Thinking Technologies provides its services on a professional best-practice basis consistent with the standards generally expected of a competent UK digital services provider operating in the relevant field at the time the services are delivered.
The scope, nature, and extent of our obligations are intended to be aligned with the level of risk ordinarily covered by professional indemnity insurance held by providers of comparable services.
No Assumption of Uninsured or Disproportionate Risk
We do not accept responsibility for risks, liabilities, losses, or obligations that are disproportionate to the nature of the services provided or that fall outside what a reasonable professional service provider would ordinarily assume.
In particular, we do not assume liability for:
- Open-ended, speculative, or consequential losses
- Business-critical dependency without express agreement
- Regulatory, compliance, or operational risks outside scope
- Losses arising from third-party platforms, tools, or decisions
- Matters requiring regulated or specialist professional advice
Contractual Scope Governs Liability
Our liability, if any, arises only from a failure to exercise reasonable skill and care within the agreed scope of services.
We do not accept liability for obligations, outcomes, guarantees, or assurances that exceed or contradict the agreed scope, these Terms, or what would reasonably be covered by professional indemnity insurance for services of this nature.
Client Risk Management Responsibility
You acknowledge that digital services inherently involve risk and that it is your responsibility to implement appropriate safeguards, insurance, contingency planning, backups, monitoring, and professional advice relevant to your business.
Clever Thinking Technologies is not responsible for acting as your risk manager, insurer, or guarantor.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
37. No Exclusivity
Non-Exclusive Relationship
Unless expressly agreed otherwise in writing, the relationship between you and Clever Thinking Technologies is non-exclusive.
Nothing in these Terms prevents Clever Thinking Technologies from providing similar or identical services to other clients, including those operating in the same or a similar industry, sector, geographic area, or market as you.
No Restriction on Other Work
Clever Thinking Technologies may undertake work for other individuals, businesses, or organisations at its discretion, provided that doing so does not involve the misuse of your confidential information.
We are not obliged to prioritise your work over that of other clients unless expressly agreed in writing.
No Competitive Restriction
You acknowledge that we do not agree to any restriction on working with competitors, suppliers, partners, or third parties connected to your business unless such restriction has been expressly agreed in writing as part of a specific engagement.
Confidentiality Preserved
This clause does not affect our obligations of confidentiality. We will not disclose or misuse your confidential information when providing services to other clients.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
38. Client Financial Viability and Commercial Risk Disclaimer
No Assessment of Financial Viability
Clever Thinking Technologies does not assess, audit, evaluate, or guarantee the financial viability, profitability, sustainability, or commercial success of your business, products, services, or business model.
Any services provided, including website design, development, marketing, SEO, advertising, AI integrations, content creation, branding, or consultancy, do not constitute financial, commercial, or investment advice.
No Guarantee of Financial Outcomes
We do not guarantee:
- Profitability or return on investment
- Increased revenue, sales, or cashflow
- Business growth, survival, or scalability
- Recovery from financial difficulty
- Suitability of services for your financial circumstances
All commercial decisions and financial outcomes remain your responsibility.
Client Responsibility for Financial Decisions
You acknowledge that you are solely responsible for:
- Assessing whether services are affordable and appropriate
- Managing cashflow, budgets, and financial risk
- Deciding whether to proceed with, continue, pause, or terminate services
- Ensuring that your business can meet payment obligations
Clever Thinking Technologies is not responsible for advising on financial capacity, funding, credit, or business viability.
No Liability for Business Failure or Financial Loss
Clever Thinking Technologies shall not be liable for financial loss, insolvency, business failure, closure, reduced profitability, or inability to continue trading, even where services were delivered competently and in accordance with the agreed scope.
This includes losses arising from market conditions, competition, pricing decisions, customer demand, economic factors, platform changes, or operational decisions.
Continued Services and Payment Obligations
Your obligation to pay for services provided is not conditional upon your financial performance, business success, or commercial outcomes.
Financial difficulty does not relieve you of payment obligations for services already delivered or in progress.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
39. Entire Agreement and Non-Reliance
Entire Agreement
These Terms and Conditions, together with any written proposal, quote, statement of work, care plan terms, hosting terms, or written scope expressly agreed between you and Clever Thinking Technologies, constitute the entire agreement between the parties in relation to the services.
They supersede and replace all prior or contemporaneous discussions, communications, representations, understandings, or agreements, whether oral or written, relating to the same subject matter.
No Reliance on Informal Statements
You acknowledge that you have not relied on any statement, promise, assurance, representation, or warranty that is not expressly set out in writing as part of the agreed contract.
This includes, without limitation, informal discussions, emails, messages, calls, website content, marketing materials, examples, estimates, illustrations, or demonstrations that are not expressly incorporated into the agreed scope.
Reasonable Reliance and Clarification
Where any matter is important to you, including timing, outcomes, features, compatibility, performance, compliance, or results, you agree that it is your responsibility to ensure that such matters are expressly confirmed in writing before instructing us to proceed.
No Expansion of Scope by Conduct
Nothing said or done by Clever Thinking Technologies in the course of providing services shall be treated as expanding the agreed scope or creating additional obligations unless expressly agreed in writing.
Fraud Exception Preserved
Nothing in this clause excludes or limits liability for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded under UK law.
40. Severability and Survival
Severability
If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid, void, or unenforceable, that provision shall be severed from the Terms and shall not affect the validity or enforceability of the remaining provisions.
Where possible, any unlawful, invalid, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it lawful, valid, and enforceable while preserving its original intent as closely as possible.
Survival of Key Clauses
Any provision of these Terms which by its nature is intended to survive termination, cancellation, expiry, or completion of the services shall continue in full force and effect.
This includes, without limitation, clauses relating to:
- Fees and payment obligations
- Intellectual property and licences
- Confidentiality
- Limitation of liability
- Indemnities
- No guarantee and disclaimer clauses
- File retention and data responsibility
- Governing law and jurisdiction
Termination or completion of services does not affect any rights, remedies, obligations, or liabilities that have accrued prior to termination.
Legal Compliance Statement
Nothing in this clause excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
41. Waiver and No Partnership
No Waiver
No failure or delay by Clever Thinking Technologies to exercise any right, remedy, power, or privilege under these Terms shall operate as a waiver of that right or any other right.
A waiver shall only be effective if given in writing and signed by or on behalf of Clever Thinking Technologies. Any waiver of a breach shall not be deemed a waiver of any subsequent breach.
No Partnership, Agency or Employment
Nothing in these Terms, nor any course of dealing between the parties, shall be construed as creating a partnership, joint venture, agency, employment relationship, or relationship of mutual trust or confidence between you and Clever Thinking Technologies.
Neither party has authority to act on behalf of, bind, or make representations for the other, except where expressly agreed in writing.
Independent Contractor Status
Clever Thinking Technologies acts at all times as an independent contractor. Nothing in these Terms entitles you to hold yourself out as a partner, agent, or representative of Clever Thinking Technologies, or vice versa.
Legal Compliance Statement
Nothing in this clause excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
42. Application of These Terms to All Engagements
Universal Application of Terms
These Terms and Conditions apply to all services provided by Clever Thinking Technologies, regardless of whether the services are supplied under a formal written contract, proposal, statement of work, care plan agreement, hosting agreement, invoice, email confirmation, written instruction, or a casual written or verbal agreement.
Instruction to Proceed Constitutes Acceptance
Where you instruct Clever Thinking Technologies to begin work, continue work, or provide services, whether verbally, by email, message, or other communication, you acknowledge and agree that these Terms apply to that engagement.
This applies even where no separate written contract has been signed.
Consistency With Written Contracts
Where a separate written contract or statement of work has been signed by both parties, these Terms apply in addition to that agreement unless expressly stated otherwise.
In the event of a direct conflict between these Terms and a separately signed written agreement, the terms of the signed agreement shall prevail to the extent of that conflict only.
Casual and One-Off Work
For one-off, informal, emergency, ad-hoc, or short-notice work, including repair, troubleshooting, advice, or minor changes, these Terms apply in full notwithstanding the absence of a formal contract.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
43. International Clients and Cross-Border Services
Clever Thinking Technologies is a UK-based business providing services from the United Kingdom.
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms or the services provided.
If you access this website or engage our services from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with all local laws, regulations, and requirements applicable in your jurisdiction.
We make no representation that the services, deliverables, content, or information provided are appropriate, compliant, or lawful for use in jurisdictions outside the United Kingdom.
Clever Thinking Technologies shall not be liable for any failure of services, deliverables, or advice to comply with foreign laws, regulations, standards, or local requirements, including but not limited to data protection laws, consumer laws, accessibility requirements, advertising standards, or industry-specific regulations applicable outside the United Kingdom.
Where services are provided to international clients, any statutory consumer rights that apply under UK law remain unaffected. Any additional rights that may exist under foreign law are expressly excluded to the maximum extent permitted by law.
44. Client Insolvency, Financial Distress and Suspension of Services
Insolvency and Financial Distress Events
For the purposes of these Terms, an insolvency or financial distress event includes (without limitation):
- Your inability to pay debts as they fall due
- Appointment of an administrator, receiver, liquidator, or similar officer
- Entry into liquidation, administration, bankruptcy, IVA, CVA, or similar arrangement
- Suspension or cessation of trading
- Threatened or actual insolvency proceedings
- Any analogous event under applicable law
Right to Suspend Services
Where Clever Thinking Technologies reasonably believes that you are insolvent or at risk of insolvency, we reserve the right to suspend services immediately, in whole or in part, without liability.
Suspension may include (without limitation):
- Pausing work in progress
- Withholding deliverables
- Suspending hosting, maintenance, or support services
- Declining to commence new work
Suspension does not constitute termination and does not affect your obligation to pay for services already provided.
Payment Obligations Survive Insolvency
All fees incurred up to the date of suspension or termination remain payable, including work completed, work in progress, and any non-refundable third-party costs.
Clever Thinking Technologies is not obliged to continue providing services during insolvency or financial distress unless expressly agreed in writing.
No Obligation to Extend Credit
Clever Thinking Technologies is not required to extend credit, defer payment, or continue work on trust where there is reasonable concern about your ability to pay.
Any decision to continue services during financial difficulty is at our sole discretion and does not waive our rights under these Terms.
Termination for Insolvency
Where an insolvency event occurs, Clever Thinking Technologies may terminate services immediately by written notice without liability, subject to any mandatory rights under UK law.
Termination does not affect accrued rights, payment obligations, or any clauses intended to survive termination.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
45. Payment Default and Termination Escalation
Payment Default
Payment is due in accordance with the terms set out in the relevant quote, proposal, invoice, or agreement. A payment shall be deemed overdue if not received by the due date stated.
Failure to make payment when due constitutes a material breach of these Terms.
Escalation Steps
Where payment is overdue, Clever Thinking Technologies may, without prejudice to any other rights or remedies, take one or more of the following steps, at our discretion:
- Reminder and Notice
Issue one or more payment reminders or notices requesting settlement of the outstanding balance.
- Suspension of Services
Temporarily suspend some or all services, including pausing work in progress, withholding deliverables, or suspending access to hosting, maintenance, or support services.
- Termination
Terminate the provision of services by written notice where payment remains outstanding after reasonable notice has been given.
Effect of Suspension or Termination
Suspension or termination due to non-payment:
- Does not affect your obligation to pay all outstanding fees and any non-refundable third-party costs
- Does not entitle you to a refund for services already provided or work in progress
- Does not waive Clever Thinking Technologies’ right to recover sums owed
All accrued rights and remedies are expressly preserved.
Recovery of Outstanding Sums
Where payment remains unpaid following suspension or termination, Clever Thinking Technologies reserves the right to pursue recovery of the outstanding balance.
This may include, where lawful and appropriate:
- Issuing a formal letter before action
- Referring the matter to a debt recovery agent
- Commencing legal proceedings to recover unpaid fees, statutory interest, and reasonable recovery costs
Any recovery action will be conducted in accordance with applicable UK law.
No Obligation to Continue Services
Clever Thinking Technologies is under no obligation to resume services until all outstanding amounts have been paid in full, unless expressly agreed in writing.
Any decision to continue work despite late payment shall not constitute a waiver of our rights.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud or fraudulent misrepresentation.
46. Service Provider Device Security and Compromise Disclaimer
Use of Computing Equipment
Clever Thinking Technologies uses computers, laptops, mobile devices, servers, networks, and related equipment (“Devices”) to deliver services. We take reasonable and proportionate technical and organisational precautions to protect our Devices, systems, and data against malware, viruses, unauthorised access, and security threats.
However, no system or device can be guaranteed to be completely secure.
No Guarantee Against Undetected Compromise
Despite taking sensible precautions, it is possible that Devices may become compromised by malware, viruses, ransomware, spyware, keyloggers, phishing, zero-day exploits, or other security threats without immediate detection.
Clever Thinking Technologies does not guarantee that such threats will never occur or be instantly identified.
Limitation of Liability for Device-Level Compromise
To the maximum extent permitted by law, Clever Thinking Technologies shall not be liable for loss, damage, unauthorised access, corruption, disclosure, or compromise of client data, files, credentials, or work in progress arising from:
- Malware, viruses, or security threats affecting our Devices
- Cyber-attacks, hacking, or unauthorised access beyond our reasonable control
- Previously unknown or undisclosed vulnerabilities
- Third-party software, operating systems, or services installed on Devices
- Widespread or industry-level security incidents
Provided that we have taken reasonable care and sensible precautions consistent with a small UK digital services provider.
No Assumption of Absolute Security Responsibility
Clever Thinking Technologies does not act as a managed security provider, cybersecurity consultant, or data custodian unless expressly agreed in writing.
We do not guarantee absolute security, continuous monitoring, intrusion detection, or prevention of all cyber threats outside the scope of any agreed care plan or security service.
Client Risk Acknowledgement
You acknowledge that working with digital services necessarily involves cyber risk and that no party can eliminate such risk entirely.
You are responsible for maintaining your own appropriate safeguards, backups, insurance, and contingency planning in respect of your data, systems, and business operations.
Incident Response and Reasonable Cooperation
Where a suspected compromise affecting client data is identified, Clever Thinking Technologies will take reasonable steps, where practicable, to limit further exposure and cooperate in good faith.
Such cooperation does not constitute an admission of fault or liability.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law, including liability for fraud, deliberate wrongdoing, or gross negligence.
47. Good Faith and Reasonable Cooperation
Good Faith Performance
Each party agrees to act in good faith in relation to the performance and enforcement of these Terms.
For the purposes of this clause, acting in good faith means acting honestly, reasonably, and without deliberate intent to mislead, obstruct, or undermine the proper performance of the agreed services.
No Obligation Beyond Agreed Scope
Nothing in this clause requires either party to:
- Act against its own legitimate commercial interests
- Provide services beyond the agreed scope
- Accept liability not expressly assumed under these Terms
- Guarantee outcomes, results, or performance
- Continue a commercial relationship indefinitely
Good faith does not require agreement to variations, concessions, or additional work unless expressly agreed in writing.
Cooperation and Communication
The parties agree to use reasonable efforts to:
- Communicate openly and promptly regarding material issues
- Provide necessary information, access, approvals, and feedback within a reasonable time
- Seek to resolve disputes or misunderstandings pragmatically before escalation
Failure to cooperate or unreasonable obstruction may materially impact delivery times, outcomes, or feasibility of services.
No Fiduciary Relationship
Nothing in this clause creates a fiduciary, advisory, partnership, or agency relationship. Clever Thinking Technologies provides services on a commercial basis and does not owe duties beyond those expressly set out in these Terms.
Legal Compliance Statement
Nothing in this clause limits or excludes any right or liability that cannot be limited or excluded under UK law.
48. No Ongoing Maintenance Without a Care Plan
Standard Website Build Scope
Unless expressly stated otherwise in writing, a standard website build, redesign, or development project provided by Clever Thinking Technologies is delivered on a one-off project basis.
Once the website has been completed, approved, and launched, no ongoing technical maintenance, monitoring, updates, or support are included as part of the standard build.
What Is Not Included Without a Care Plan
Without an active website maintenance or care plan, Clever Thinking Technologies is not responsible for:
- WordPress core updates
- Plugin or theme updates
- PHP, server, or hosting environment changes
- Security monitoring, malware scanning, or vulnerability management
- Performance optimisation after launch
- Compatibility issues arising from updates or third-party changes
- Downtime, errors, or breakages occurring after launch
- Backup management or restoration
- Emergency fixes or reactive support
Any post-launch assistance requested without a care plan will be treated as separate chargeable work and quoted accordingly.
Third-Party Changes After Launch
You acknowledge that websites rely on third-party software, services, and infrastructure that may change after launch.
Clever Thinking Technologies is not liable for issues arising from:
- Plugin or theme updates released after launch
- Hosting or server updates
- Browser, device, or operating system changes
- External platform or API changes
Unless such changes are expressly covered by an active care plan.
Care Plan Recommendation
We strongly recommend an ongoing website care plan to reduce the risk of security issues, performance degradation, compatibility problems, and downtime.
However, the decision to purchase a care plan remains your responsibility, and declining a care plan does not create an obligation on Clever Thinking Technologies to provide ongoing maintenance or monitoring.
Legal Compliance Statement
Nothing in this section excludes or limits liability where it would be unlawful to do so under UK law.
49. Pricing, Estimates and Bespoke Project Scope
Guideline Pricing on Website
Any prices, packages, examples, or figures displayed on our website or marketing materials are provided for general guidance only and do not constitute a binding offer.
Website prices are indicative and intended to reflect typical projects. Actual pricing may vary depending on project scope, complexity, technical requirements, timelines, integrations, third-party dependencies, and client-specific circumstances.
Bespoke Project Quotation
Most services provided by Clever Thinking Technologies are bespoke and tailored to individual client requirements.
As a result:
- Many projects cannot be accurately priced on a strict fixed-fee basis at the outset
- Quotes may be provided as estimates rather than guaranteed fixed prices
- Final pricing will be confirmed based on the agreed scope of work
Any binding price will be set out in writing in a quote, proposal, or statement of work.
Estimates and Reasonable Variation
Where a price is stated as an estimate, it represents our reasonable assessment based on the information available at the time.
You acknowledge that:
- Estimates are not fixed prices
- Actual costs may vary if project requirements evolve or unforeseen technical factors arise
- We will use reasonable efforts to inform you if material changes are likely to affect pricing
Scope Changes and Price Revisions
Clever Thinking Technologies reserves the right to revise pricing where:
- The project scope changes at your request
- Additional features, functionality, pages, integrations, or revisions are requested
- Technical limitations, platform constraints, or third-party issues require alternative approaches
- Requirements change after work has commenced
- Delays or additional work arise due to missing information, delayed approvals, or client-side changes
Any revised pricing will be communicated to you, and additional work will not proceed without reasonable notice.
Consumer Fairness Statement
Where you are a consumer, any price variation will be applied fairly and transparently, and you will be given an opportunity to approve revised costs before additional chargeable work is undertaken.
Nothing in this clause affects your statutory rights under UK consumer law.
50. Retention of Administrative Access
Administrative Access for Maintenance and Support
Where Clever Thinking Technologies designs, develops, repairs, maintains, hosts, or otherwise works on a website, we may retain administrative, developer, or equivalent privileged access credentials for that website.
Such access is retained for legitimate purposes including, but not limited to:
- Ongoing maintenance and support
- Care plan services
- Troubleshooting, updates, and fixes
- Security, performance, and compatibility checks
- Warranty or post-launch support
- Emergency remediation where reasonably required
No Automatic Removal of Access
Unless expressly agreed otherwise in writing or verbally, Clever Thinking Technologies is under no obligation to remove, revoke, or transfer administrative access following project completion.
Continued retention of access shall not be treated as unauthorised access, misuse, or interference.
Client Acknowledgement
You acknowledge and agree that:
- Retaining administrative access is standard industry practice
- Such access does not affect your ownership of the website or content
- We do not use such access for any purpose unrelated to legitimate service delivery
- We do not assume responsibility for your business operations by retaining access
Removal of Access on Request
Where you request removal of administrative access:
- The request must be made clearly, either verbally or in writing
- Removal may be subject to confirmation that all outstanding fees are paid
- Removal may limit or prevent future support, maintenance, warranty, or emergency assistance
Clever Thinking Technologies shall not be liable for issues arising after access removal where such access would reasonably have been required to diagnose, prevent, or resolve the issue.
Security and Responsibility
You remain responsible for:
- Managing your own user accounts and access permissions
- Informing us promptly if you believe access has been compromised
- Ensuring other third parties you grant access to do not interfere with retained credentials
Retention of access does not constitute acceptance of responsibility for ongoing security, compliance, or monitoring unless expressly agreed in writing.
Legal Compliance Statement
Nothing in this section permits unauthorised access or unlawful use. All access is exercised in good faith and solely for legitimate service-related purposes. Nothing in this clause excludes or limits liability where it would be unlawful to do so under UK law.
51. Registered Address and Correspondence
Registered and Service Address
Clever Thinking Technologies operates using a registered business address and virtual office service for administrative and correspondence purposes.
This address is provided to meet statutory and registration requirements and is operated by a third-party office services provider.
Correspondence Handling
You acknowledge that correspondence sent to this address may be subject to the handling, forwarding, and processing policies of the office services provider.
As a result:
- Not all correspondence may be received immediately
- Non-official or non-legal correspondence may not be forwarded
- Delivery or forwarding delays may occur outside our control
Clever Thinking Technologies shall not be responsible for delays, losses, or failures in receiving correspondence arising from the policies or actions of the office services provider.
Required Method of Communication
For all operational, contractual, support, billing, and general communications, you should contact us using the contact details published on our website, including email or telephone.
Electronic communication is the primary and preferred method of contact.
Legal Notices
Nothing in this clause is intended to restrict or invalidate the lawful service of statutory notices, legal proceedings, or documents required to be served in accordance with applicable law.
Where service of legal documents is required, such service must be effected in accordance with applicable legal requirements, and proof of service shall be determined in accordance with law.
No Avoidance of Legal Obligations
Clever Thinking Technologies does not seek to avoid receipt of lawful notices or legal correspondence and will comply with applicable legal obligations relating to service of documents.
These Terms and Conditions constitute the legally binding agreement between you and us.
52. Contact Information
Clever Thinking Technologies and Clever Thinking Tech are trading names of Growth Gateway AI Ltd, a company registered in England and Wales. All references to “Clever Thinking Technologies & Clever Thinking Tech”, “we”, “us” or “our” refer to Growth Gateway AI Ltd unless stated otherwise.
Growth Gateway AI Ltd is registered in England and Wales.
Company Number: 15964518
Business Registered Address: Unit A, 82 James Carter Road, Mildenhall, IP28 7DE
Telephone number: 01202 030384
You may contact Clever Thinking Technologies using the contact details published on our website, including via our contact form or telephone. Electronic communication is the preferred method of contact.
Certain services we provide are subject to additional service-specific terms. Where you purchase or use the relevant service(s), the applicable additional terms set out below apply in addition to these Terms and Conditions and form part of the contract between you and us.
Web Hosting Terms:
https://cleverthinkingtech.com/web-hosting-terms-conditions/
Website Technical Maintenance / Care Plan Terms:
https://cleverthinkingtech.com/website-technical-maintenance-care-plan-terms-and-conditions/
If there is any conflict or inconsistency between these Terms and Conditions and any service-specific terms, the relevant service-specific terms will prevail to the extent of the conflict.
By placing an order, making payment, or continuing to use our services, you confirm you have read and agree to these Terms and any applicable service-specific terms.
Building exceptional digital experiences that drive growth, inspire, captivate and convert.
All services provided by Clever Thinking Technologies are subject to our Website Terms and Conditions, Privacy Policy, Web Hosting Terms, Care Plan Terms, and any other applicable service terms published on this website.
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Copyright © 2026. Designed & Powered by Clever Thinking Technologies
Clever Thinking Technologies is a trading name of Growth Gateway AI Ltd, registered in England and Wales. Company Number: 15964518
Registered Office Address: Unit A, 82 James Carter Road, Mildenhall, IP28 7DE
Trading Address: Sunnyside Road, Poole, Dorset, BH 12 2LQ