Terms + Conditions

Terms and conditions

 

Please read all these terms and conditions carefully.

 

As we can accept your order and make a legally enforceableagreement without further reference to you, you must read these terms andconditions to make sure that they contain all that you want and nothing thatyou are not happy with. If you are not sure about anything, just phone us on+44 75 01 13 03 98.

 

Application

 

1. These Terms and Conditions will apply to the purchase ofthe Services and Goods by you (the Customer or you). We are HYPER CRUNCH LTD(Hyper Crunch, us or the Company), a company registered in England and Walesunder company number 11232088 and whose registered office is at 86 - 90, Paul Street, London, England, EC2A 4NE.

 

2. Our contact details are: email hello@hyper-crunch.com; telephone number +44 20 70 31 5426.

 

3. These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree tothese Terms and Conditions by clicking on the button marked 'I Accept'. If youdo not click on the button, you will not be able to complete your Order. Youcan only purchase the Services and Goods from the Website if you are eligibleto enter into a contract and are at least 18 years old.

 

4. These Terms & Conditions are binding for any company which are clients of Hyper Crunch in the UK and abroad.

 

Interpretation

 

1. Cancellation Period means 14 days from the day the Contract was entered into or as specified in these Terms and Conditions.

 

2. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

 

3. Contract means the legally-binding agreement between you and us for the supply of the Services;

 

4. Delivery Location means the Supplier's premises or otherlocation where the Services are to be supplied, as set out in the Order;

 

5. Durable Medium means paper or email, or any other mediumthat allows information to be addressed personally to the recipient, enablesthe recipient to store the information in a way accessible for future referencefor a period that is long enough for the purposes of the information, andallows the unchanged reproduction of the information stored;

 

6. Goods means any goods that we supply to you with theServices, of the number and description as set out in the Order;

 

7. Order means the Customer's order for the Services fromthe Supplier as submitted following the step by step process set out on theWebsite;

 

8. Privacy Policy means the terms which set out how we willdeal with confidential and personal information received from you via theWebsite;

 

9. Services means the services advertised on the Website,including any Goods, of the number and description set out in the Order;

 

10. Website means our website https://hyper-crunch.com onwhich the Services are advertised.

 

Services

 

1. All the products, the Services and any Goods, advertisedas described below are for a 90 day period plus a one-month notice periodEXCEPT for the “PressKit” and the “Branding” which are one offs.

 

2. The products can be acquired by subscription which issold online via: https://www.hyper-crunch.com/ or via the client’sdashboard.

 

3. The description of the Services and any Goods is as setout in the Website, catalogues, brochures or other form of advertisement. Anydescription is for illustrative purposes only and there may be discrepancies inthe size and colour of any Goods supplied.

 

4. If any of the Services or Goods featured on our Websiteor other means of advertisement has no representation, written or oralcorrespondence or statement this is likely to be an error and therefor shallnot form part of our Contract.

 

5. If you uncertain about the description provided or lackthereof for any of the Services and/or Goods and have any queries relating tothis, please contact us for further information.

 

6. In the case of Services and any Goods made to yourspecial requirements, it is your responsibility to ensure that any informationor specification you provide to us is clear and accurate.

 

7. All Services which appear on the Website are subject toavailability.

 

8. We can make changes to the Services which are necessaryto comply with any applicable law or safety requirement. We will notify you ofthese changes as and when they occur.

 

Customer responsibilities

 

1. You must co-operate with us in all matters relating tothe Services.

 

2. In the delivery of the Services, you must provide us andour authorised employees and representatives with access to any premises underyour control as and when required.

 

3. You must provide us with all information required toperform the Services and obtain any necessary licences and consents (unlessotherwise agreed).

 

4. Failure to comply with the above is a Customer defaultwhich entitles us to suspend performance of the Services until you remedy it orif you fail to remedy it following our request, we can terminate the Contractwith immediate effect on written notice to you.

 

5. The Customer shall be liable to compensate Hyper Crunchfor any expenses incurred by it as a result of the Customer’s failure to complywith any these clauses.

 

6. Without prejudice to any other rights to which we may beentitled, in the event that the Customer cancels the Goods and Services orunlawfully terminates the Contract the Customer shall be required to pay HyperCrunch (as agreed damages and not as a penalty) the full amount of any thirdparty costs to which the company has committed and in respect of cancellationson less than five working days’ written notice the full amount of any Goods andServices contracted for.  For the avoidance of doubt, failure by theCustomer to comply with any obligations under the section shall be deemed to bea cancellation of the Goods and Services and is subject to the payment of thedamages to be determined by the Company.

 

Personal information

 

1. We retain and use all information strictly under ourPrivacy Policy (see Privacy Policy below).

 

2. We may contact you by using e-mail or other electroniccommunication methods and by pre-paid post and you expressly agree to this.

 

Basis of Sale

 

1. The description of the Services and any Goods in ourwebsite does not constitute a contractual offer to sell the Services or Goodsto you.  When an Order has been submitted on the Website, we can reject itfor any reason, although we will try to tell you the reason without delay.

 

2. The Order process is set out on the Website. Each stepallows you to check and amend any errors before submitting the Order. It isyour responsibility to check that you have used the ordering process correctly.

 

3. A Contract will be formed for the Services ordered onlywhen you receive an email from us confirming the Order (Order Confirmation).You must ensure that the Order Confirmation is complete and accurate and informus immediately of any errors. We are not responsible for any inaccuracies inthe Order placed by you.

 

4. By placing an Order, you agree to us giving youconfirmation of the Contract by means of an email with all information in it(ie the Order Confirmation). You will receive the Order Confirmation within areasonable time after making the Contract, but in any event not later than thedelivery of any Goods supplied under the Contract, and before performancebegins of any of the Services.

 

5. Any quotation or estimate of Fees (as defined below) isvalid for a maximum period of 2 days from its date, unless we expresslywithdraw it at an earlier time.

 

6. No variation of the Contract, whether about descriptionof the Services, Fees or otherwise, can be made after it has been entered intounless the variation is agreed by you and us in writing.

 

7. We intend that these Terms and Conditions apply only to aContract entered into by you as a Consumer.  If this is not the case, youmust tell us, so that we can provide you with a different contract with termswhich are more appropriate for you and which might, in some respects, be betterfor you, e.g by giving you rights as a business.

 

Fees and Payment

 

1. The fees (Fees) for the Services, the price of any Goods(if not included in the Fees) and any additional delivery or other charges isthat set out on the Website at the date we accept the Order or such other priceas we may agree in writing. Prices for Services may be calculated on a fixedprice or on a standard daily rate basis.  You will be told which at thetime of your submission.

 

2. Fees and charges include VAT at the rate applicable atthe time of the Order.

 

3. Payment is made by credit card or direct debit directlyvia the portal: https://www.dashboard.hyper-crunch.com/

 

4. You must pay by submitting your credit or debit carddetails with your Order and we can take payment immediately or otherwise beforedelivery of the Services.

 

5. You must give us one month’s notice to terminate yoursubscription.

 

Delivery

 

1. We will deliver the Services, including any Goods, to theDelivery Location by the time or within the agreed period or, failing anyagreement:

 

a) in the case of Services, within a reasonable time; and

 

b) in the case of Goods, without undue delay and, in anyevent, not more than 30 days after the day on which the Contract is enteredinto.

 

2. In any case, regardless of events beyond our control, ifwe do not deliver the Services on time, you can require us to reduce the Feesor charges by an appropriate amount (including the right to receive a refundfor anything already paid above the reduced amount). The amount of thereduction can, where appropriate, be up to the full amount of the Fees orcharges.

 

3. In any case, regardless of events beyond our control, ifwe do not deliver the Goods on time, you can (in addition to any otherremedies) treat the Contract at an end if:

 

a) we have refused to deliver the Goods, or if delivery ontime is essential, taking into account all the relevant circumstances at thetime the Contract was made, or you said to us before the Contract was made thatdelivery on time was essential; or

 

b) after we have failed to deliver on time, you havespecified a later period which is appropriate to the circumstances and we havenot delivered within that period.

 

4. If you treat the Contract at an end, we will (in additionto other remedies) promptly return all payments made under the Contract and inaccordance with these Terms.

 

5. If you were entitled to treat the Contract at an end, butdo not do so, you are not prevented from cancelling the Order for any Goods orrejecting Goods that have been delivered and, if you do this, we will (inaddition to other remedies) without delay return all payments made under theContract for any such cancelled or rejected Goods. If the Goods have beendelivered, you must return them to us or allow us to collect them from you andwe will pay the costs of this.

 

6. If any Goods form a commercial unit (a unit is acommercial unit if division of the unit would materially impair the value ofthe Goods or the character of the unit) you cannot cancel or reject the Orderfor some of those Goods without also cancelling or rejecting the Order for therest of them.

 

7. We do not generally deliver to addresses outside Englandand Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands.If, however, we accept an Order for delivery outside these areas, you may needto pay import duties, other taxes, or any unforeseeable costs incurred as wewill not pay them.

 

8. You agree we may deliver the Goods in instalments if wesuffer a shortage of stock or other genuine and fair reason, subject to theabove provisions and provided you are not liable for extra charges.

 

9. If you or your nominee fail, through no fault of ours, totake delivery of the Services at the Delivery Location, we may charge thereasonable costs of storing and redelivering them to you.

 

10. The Goods will become your responsibility from thecompletion of delivery or Customer collection. You must, if reasonablypracticable, examine the Goods before accepting them.

 

11. Hyper Crunch should not be held responsible for anydelay on the Customer’s part to respond to it and provide information requestedor delay the delivery of the Services.

 

Risk and Title

 

1. Risk of damage to, or loss of, any Goods will pass to youwhen the Goods are delivered to you.

 

2. You do not own the Goods until we have in full for theGoods.

 

3. If full payment is overdue or a step occurs towards yourbankruptcy, we can choose, by notice to cancel any delivery and end any rightto use the Goods still owned by you, in which case you must return them orallow us to collect them.

 

Withdrawal and Cancellation

 

1. You can withdraw the Order by telling us before theContract is made, if you simply wish to change your mind and without giving usa reason, and without incurring any liability.

 

2. This is a distance contract (as defined below) which hasthe cancellation rights (Cancellation Rights) set out below. These CancellationRights, however, do not apply, to a contract for the following goods andservices (with no others) in the following circumstances:

 

a) Goods that are made to your specifications or are clearlypersonalised;

 

b) Goods which are liable to deteriorate or expire rapidly.

 

Right to Cancel

 

1. Subject to these Terms and Conditions, you can cancelthis contract within 14 days without giving any reason.

 

2. The cancellation period will expire after 14 days fromthe day on which you acquire, or a third party, other than the carrier,indicated by you, acquires physical possession of the last of the Goods. In acontract for the supply of services only (without goods), the cancellation periodwill expire 14 days from the day the Contract was entered into.  In acontract for the supply of goods over time (ie subscriptions), the right tocancel will be 14 days after the first delivery.

 

3. To exercise the right to cancel, you must inform us of yourdecision to cancel this Contract by a clear statement setting out your decision(eg a letter sent by post, fax or email). You can use the attached modelcancellation form, but this is not obligatory, but this may assist you as clearevidence of when the cancellation was made which you must be able todemonstrate if necessary.

 

4. You can also electronically fill in and submit the modelcancellation form or any other clear statement of your decision to cancel theContract on our website https://hyper-crunch.com. If you use this option, wewill communicate to you an acknowledgement of receipt of such a cancellation ina Durable Medium (eg by email) without delay.

 

5. To meet the cancellation deadline, it is sufficient foryou to send your communication concerning your exercise of the right to cancelbefore the cancellation period has expired.

 

Commencement of Services in the Cancellation Period

 

We will not begin the supply of a service (being part of theServices) before the end of the cancellation period unless you have made anexpress request for the service.

 

Effects of cancellation in the Cancellation Period

 

Except as set out below, if you cancel this Contract, wewill reimburse to you all payments received from you, including the costs ofdelivery (except for the supplementary costs arising if you chose a type ofdelivery other than the least expensive type of standard delivery offered byus).

 

Payment for Services commenced during the CancellationPeriod

 

1. Where a service is supplied (being part of the Services)before the end of the cancellation period in response to your express requestto do so, you must pay an amount for the supply of the service for the periodfor which it is supplied, ending with the time when we are informed of yourdecision to cancel the Contract.

 

2. This amount is in proportion to what has been supplied incomparison with the full coverage of the Contract.

 

3. This amount is to be calculated on the basis of the totalprice agreed in the Contract or, if the total price were to be excessive, onthe basis of the market value of the service that has been supplied, calculatedby comparing prices for equivalent services supplied by other traders.

 

4. You will bear no cost for supply of that service, in fullor in part, in this Cancellation Period if that service is not supplied inresponse to such a request.

 

Deduction for Goods supplied

 

1. We may make a deduction from the reimbursement for lossin value of any Goods supplied, if the loss is the result of unnecessaryhandling by you (ie handling the Goods beyond what is necessary to establishthe nature, characteristics and functioning of the Goods: eg it goes beyond thesort of handling that might be reasonably allowed in a shop). This is becauseyou are liable for that loss and, if that deduction is not made, you must payus the amount of that loss.

 

Timing of Reimbursement

 

1. If we have not offered to collect the Goods, we will makethe reimbursement without undue delay, and not later than:

 

a) 14 days after the day we receive back from you any Goodssupplied, or

 

b) (if earlier) 14 days after the day you provide evidencethat you have sent the Goods back to us.

 

2. If we have offered to collect the Goods or if no Goodswere supplied or to be supplied (ie it is a contract for the supply of servicesonly), we will make the reimbursement without undue delay, and not later than14 days after the day on which we are informed about your decision to cancelthis Contract.

 

3. We will make the reimbursement using the same means ofpayment as you used for the initial transaction, unless you have expresslyagreed otherwise; in any event, you will not incur any fees as a result of thereimbursement.

 

Returning Goods

 

1. If you have received Goods in connection with theContract which you have cancelled, you must send back the Goods or hand themover to us at our registered address at Alphabeta Building, 18 Finsbury Square,London, EC2A 1AH without delay and in any event not later than 14 days from theday on which you communicate to us your cancellation of this Contract.

 

2. The deadline is met if you send back the Goods before theperiod of 14 days has expired. You agree that you will have to bear the cost ofreturning the Goods.

 

3. For the purposes of these Cancellation Rights, thesewords have the following meanings:

 

1. distance contract means a contract concluded between atrader and a consumer under an organised distance sales or service-provisionscheme without the simultaneous physical presence of the trader and theconsumer, with the exclusive use of one or more means of distance communicationup to and including the time at which the contract is concluded;

 

2. sales contract means a contract under which a tradertransfers or agrees to transfer the ownership of goods to a consumer and theconsumer pays or agrees to pay the price, including any contract that has bothgoods and services as its object.

 

Conformity

 

1. We have a legal duty to supply the Goods in conformitywith the Contract, (i.e. ensure that the goods are as to the standardadvertised)

 

2. The Goods will not have conformed if it does not meet thefollowing obligation.

 

3. Upon delivery, the Goods will:

 

i. be of satisfactory quality;

 

ii. be reasonably fit for any particular purpose for whichyou buy the Goods which, before the Contract is made, you made known to us(unless you do not actually rely, or it is unreasonable for you to rely, on ourskill and judgment) and be fit for any purpose held out by us or set out in theContract; and

 

iii. conform to their description.

 

4. It is not a failure to conform if the failure has itsorigin in your materials.

 

5. We will supply the Services with reasonable skill andcare.

 

6. In relation to the Services, anything we say or write toyou, or anything someone else says or writes to you on our behalf, about us orabout the Services, is a term of the Contract (which we must comply with) ifyou take it into account when deciding to enter this Contract, or when makingany decision about the Services after entering into this Contract. Anything youtake into account is subject to anything that qualified it and was said orwritten to you by us or on behalf of us on the same occasion, and any change toit that has been expressly agreed between us (before entering this Contract orlater).

 

Duration, Termination and Suspension

 

1. The Contract continues for as long as it takes us toperform the Services and is valid for a minimum of 3 months (three months).

 

2. Either you or we may terminate the Contract or suspendthe Services at any time by a written notice of termination or suspension tothe other if that other:

 

i. commits a serious breach, or series of actions resultingin a serious breach, of the Contract and the breach either cannot be fixed oris not fixed within 30 days of the written notice; or

 

ii. is subject to any step towards its bankruptcy orliquidation.

 

3. Termination of the Contract otherwise requires onemonth’s written notice from either party.

 

4. On termination of the Contract for any reason, any of ourrespective remaining rights and liabilities will not be affected.

 

Successors and our sub-contractor

 

Either party can transfer the benefit of this Contract tosomeone else and will remain liable to the other for its obligations under theContract.  Hyper Crunch will not be liable for the acts of anysub-contractors who it chooses to help perform its duties.

 

Circumstances beyond the control of either party

 

1. In the event of any failure by a party because ofsomething beyond its reasonable control:

 

i. the party will advise the other party as soon asreasonably practicable; and

 

ii. the party's obligations will be suspended so far as isreasonable, provided that that party will act reasonably, and the party willnot be liable for any failure which it could not reasonably avoid, but thiswill not affect the Customer's rights relating to delivery (and the right tocancel) as specified within these Terms.

 

Promotional Material

 

1. Hyper Crunch will acquire the right to advertise theCustomer’s logo on its website and its other marketing materials.

 

2. Notwithstanding 1) above, Hyper Crunch will post materialon Customers’ social media, email Customers’ clients and reach out and promoteto journalists, influencers and clients on their behalf.

 

Privacy

 

1. Your privacy is critical to us. We respect your privacyand comply with the General Data Protection Regulation with regard to yourpersonal information.

 

2. These Terms and Conditions should be read alongside, andare in addition to our policies, including our privacy policy(https://hyper-crunch.com/privacy-policy/).

 

3. For the purposes of these Terms and Conditions:

 

i. 'Data Protection Laws' means any applicable law relatingto the processing of Personal Data, including, but not limited to the Directive95/46/EC (Data Protection Directive) or the GDPR.

 

ii. 'GDPR' means the General Data Protection Regulation (EU)2016/679.

 

iii. 'Data Controller', 'Personal Data' and 'Processing'shall have the same meaning as in the GDPR.

 

4. We are a Data Controller of the Personal Data we Processin providing the Services and Goods to you.

 

5. Where you supply Personal Data to us so we can provideServices and Goods to you, and we Process that Personal Data in the course ofproviding the Services and Goods to you, we will comply with our obligationsimposed by the Data Protection Laws:

 

i. before or at the time of collecting Personal Data, wewill identify the purposes for which information is being collected;

 

ii. we will only Process Personal Data for the purposesidentified;

 

iii. we will respect your rights in relation to yourPersonal Data; and

 

iv. we will implement technical and organisational measuresto ensure your Personal Data is secure.

 

6. For any enquiries or complaints regarding data privacy,you can contact our Data Protection Officer at the following e-mail address:customers@hyper-crunch.com

 

Excluding liability

 

1. Hyper Crunch shall not be held responsible or liable forany damage sustained by any Customer to its brand, image, reputation orotherwise. consequence of a bad or negative review.

 

2. We are not responsible for any liability incurred to acompany in terms of image when we post online on their behalf or interact withtheir clients and prospects online and offline.

 

3. Hyper Crunch does not exclude liability for: (i) anyfraudulent act or omission; or (ii) death or personal injury caused bynegligence or breach of the its other legal obligations.  Subject to this,we are not liable for (i) loss which was not reasonably foreseeable to bothparties at the time when the Contract was made, or (ii) loss (eg loss ofprofit) to your business, trade, craft or profession which would not besuffered by a Consumer - because we believe you are not buying the Services andGoods wholly or mainly for your business, trade, craft or profession.

 

Governing law, jurisdiction and complaints

 

1. The Contract (including any non-contractual matters) isgoverned by the laws of England and Wales.

 

2. Disputes can be submitted to the jurisdiction of thecourts of England and Wales or, where the Customer lives in Scotland orNorthern Ireland, in the courts of Scotland or Northern Ireland respectively.

 

3. We try to avoid any dispute, so we deal with complaintsas follows: If a dispute occurs customers should contact us to find a solution.We will aim to respond with an appropriate solution within 5 days.