fbpx

Pink Elephant Media Ltd  (“we” or “us”) is a company registered in England and Wales under registration number . Our registered office address is 10 Sandford Leaze,Avening, Glos, GL8 8PB, United Kingdom.

General Terms

  • By subscribing to any of the Services and opening an account with us, we (“Pink Elephant Media Ltd “) and you (“the Client”) agree to be bound by these terms and conditions. They set out the basis on which we offer our services and should be read carefully.
  • You must be at least 18 years of age to use our services.
  • We will treat your personal details in accordance with our privacy policy and with the Data Protection Act 2018 (“DPA”) and the General Data Protection Regulation 2016 (“GDPR”).

Services

  • We agree to supply the Services to You in accordance with the terms set out in this Main Agreement
  • Customers are liable for all charges levied by their telephone service provider arising from the Customer’s use of the Services.
  • From time to time us or our subcontractors need to carry out maintenance on the network, this may involve temporarily shutting parts of it down. We will give as much notice as possible and shall try to keep this work to the period specified in the notice. We accept no liability whatsoever arising from such a suspension of the service.
  • The Customer agrees that they will not reassign or transfer any part of the Service without our prior consent.
  • License costs of all third-party applications and software offered with our plans are subject to change without written intimation.
  • You acknowledge that we do not guarantee that any services will be uninterrupted, error-free, or completely secure. There are risks inherent to the internet such as hacking, malware, DDoS etc that could result in the loss of data and/or privacy.
  • We reserve the right to pass on any additional charges/price increases as a result in price changes from third party software and license vendors irrespective of the hosting cycle.

Domain Registration, Renewals and Transfers

  • You are to ensure any requested domain registration is not made in bad faith, does not infringe on any third-party rights including any third party’s intellectual property and the registration will not be used for any unlawful purpose or would be considered to be an abusive registration under the enom, openSRS or Nominet dispute resolution policies.
  • You acknowledge that we are not obliged to accept any request to register a domain and may be unable to make a registration due to another application or prohibitive cost.
  • We make no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any requested domain.
  • You acknowledge that domain registrations and renewals where successful are non-refundable.
  • You acknowledge that we are unable to correct spelling mistake(s) in a domain once a domain has been successfully registered, please ensure you check all spelling and grammar before submitting the domain for registration.
  • You acknowledge that domain renewal fees are subject to change at any time without notice or written intimation.
  • You acknowledge we cannot guarantee any domain you order will be successfully registered, only once payment has been successfully taken will we send a registration request to the registrar and only once a registration confirmation has been received from the registrar is the domain officially registered. If we are unable to register any domain name, we will provide a full refund of the domain registration fee.
  • Where you wish to register a domain in a foreign jurisdiction, you acknowledge that your registration is subject to all relevant laws and terms and conditions.
  • You will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
  • You agree and acknowledge that we will make registration information in relation to the requested domain available to ICANN, openSRS, eNom, Nominet or any other appropriate registration authority.
  • You acknowledge that you are obligated to provide accurate domain registration details, and that those details will be published to the WHOIS directory with respect to the chosen domain name, as required by ICANN & Nominet.
  • We will endeavour to automatically renew your domain 30 days prior to expiry unless:
  1. We are unable to take payment for the renewal.
  2. You choose to opt out of auto-renewal through the client area
  3. The domain has been transferred to another registrar or tag holder
  •  You may not transfer away the domain from us to another registrar during the first sixty (60) days following the registration or transfer of a domain.
  • We will not accept any transfer request for a domain that is due to expire within 7 days.
  • We will not transfer ownership of a domain to another registrar until all fees attributable to the domain registration, renewal or transfer have been paid.
  • You undertake to comply with the content standards set out in our Acceptable Use Policy in respect of any material posted on or associated with any Domain.
  • Where ICANN and/or Whois, or any replacement body of the same (or where the Domain is registered with a registrar in a different jurisdiction, any equivalent body or registrar), makes any complaint in respect of the use of the domain name including but not limited to ‘cybersquatting’, We reserve the right to immediately cancel this service and no refunds shall be made. You will co-operate with us in respect of any complaint.
  • If you are registering a domain on behalf of a third party you are obligated to ensure the domain owner is made aware of and adheres to these terms and conditions.

 

Acceptable Use, Content and Behaviour

  • You agree to abide by our acceptable use policy (AUP) located
  • You agree to abide by any EULA applicable in respect to the Services.
  • You shall procure at your cost, install and maintain, and comply with all licensing requirements in respect of all required enabling software and third-party software used via the Services. You acknowledge that a failure to do so may impact your use of the Services.
  • We may request that you provide evidence of the licensing status of any software used by you on the Services.
  • You agree and understand that any attempts to undermine or cause harm to any of our servers is strictly prohibited.
  • If you abuse the resources we provide in any way, we reserve the unqualified right to immediately deactivate your Account without refund.
  • We reserve the right to disable/delete any feature or application provided on shared hosting service without notification if that feature/application is found to be detrimental and/or is hampering the web server’s’ overall health and performance.
  • If you are abusive towards any member of our staff we have full right to terminate your account with us without any refund.

 

Account Security

  • You are responsible for any misuse of your account and you must take steps to ensure that others do not gain unauthorised access to your account. You may not use your account to breach the security of another account or attempt to gain unauthorised access to another network or server.
  • Your password provides access to your account, it is your responsibility to keep your password secure.
  • Sharing your password and account access with unauthorised users is strictly prohibited. You must take care and prevent others from using your account since you will be responsible for the consequences.
  • Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.
  • You must adopt adequate security measures to prevent or minimise unauthorised use of your account.
  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorised to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host or network or carry out DOS attacks. This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
  • You agree and understand that users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
  • You agree to complete your own tests for computer viruses in accordance with best computing practice.

 

Data Protection (GDPR)

  • In this section, the terms “Personal Data”, “Controller”, “Processor”, “Data Subject”, “Processing”, “Data Protection Impact Assessments” and “Personal Data Breach” have the meanings given in the GDPR.
  • In this section, the term “Applicable Data Protection Law” means all applicable data protection legislation in force from time to time including the DPA and the GDPR.
  • The parties acknowledge that the factual arrangement between them dictates the classification of each party as either a Controller or Processor under Applicable Data Protection Law. Notwithstanding the foregoing, the parties acknowledge that:

where Personal Data is not accessible or likely to be accessible by Pink Elephant Media Ltd , Pink Elephant Media Ltd will not be a Processor, and therefore, in either case, the obligations of paragraphs 7.4 to 7.7 shall not apply.

  • Subject to paragraph 7.3, with respect to the party’s rights and obligations under the Agreement, the party’s agree that you are the Controller and that Pink Elephant Media Ltd is the Processor.
  • Where Pink Elephant Media Ltd processes Personal Data as a Processor on your behalf, it shall:
  • Process the Personal Data only in accordance with instructions from you (which may be specific instructions or instructions of a general nature as set out in the Agreement or as otherwise notified by you to Pink Elephant Media Ltd during the term of the Agreement);
  • take reasonable steps to ensure the reliability of any Pink Elephant Media Ltd staff who have access to the Personal Data, and ensure such staff are trained in the care and handling of Personal Data and have given appropriate binding undertakings of confidentiality;
  • notify you without undue delay and, in any event, within five business days, if it receives:
  • a request from a Data Subject to have access to that person’s Personal Data; or
  • a complaint or request relating to your obligations under Applicable Data Protection Law;
  • taking into account the nature of the Processing, assist and cooperate with you (including by using appropriate technical and organisational measures, in so far as this is possible), to respond to complaints or requests from Data Subjects exercising their rights under Applicable Data Protection Law, including by:
  • promptly providing you with full details of a complaint or request received by Pink Elephant Media Ltd ; and
  • upon your request, promptly providing information which you require in order to comply with a request from a Data Subject exercising their rights under Applicable Data Protection Law (including a ‘subject access request’) provided that Pink Elephant Media Ltd shall, unless otherwise agreed, be reimbursed any incremental costs incurred as a result of complying with this paragraph.
  • permit, at your own expense, you or your representatives access to any location where Pink Elephant Media Ltd processes Personal Data during normal business hours to inspect and audit, on reasonable prior notice, Pink Elephant Media Ltd ‘s data Processing activities and comply with all reasonable requests or directions by you to enable you to verify and/or procure that Pink Elephant Media Ltd  is in full compliance with its obligations under this paragraph 7. You or your representative shall be required to adhere to any applicable Pink Elephant Media Ltd  site and security policies in the performance of such an audit or inspection;
  • provide a written description of the technical and organisational methods employed by Pink Elephant Media Ltd for Processing Personal Data (within the timescales reasonably required by you);
  • be entitled to engage sub-Processors (as a subcontractor), subject to
  • the relevant subcontractor being engaged by way of a written contract which imposes obligations on the subcontractor which are at least equivalent to the obligations imposed on Pink Elephant Media Ltd pursuant to this paragraph 7.5; and
  • the relevant subcontractor providing sufficient guarantees to Pink Elephant Media Ltd in terms of expert knowledge, reliability and resources to implement technical and organisational measures which will meet the requirements of Applicable Data Protection Law, and all sub-Processors engaged by Pink Elephant Media Ltd  as at the effective date of this Agreement shall be deemed authorised;
  • All costs in relation to the audit incurred by Pink Elephant Media Ltd or partners will be passed onto the client.
  • in addition to the sub-Processors engaged pursuant to paragraph 7.5.7, be entitled to engage additional or replacement sub-Processors (as a subcontractor), subject to:
  • the provisions of paragraph 7.5.7.1 and 7.5.7.2 being applied; and
  • Pink Elephant Media Ltd notifying you of the additional or replacement sub-Processor, and where you object to the additional or replacement Processor, the parties shall discuss the objection in good faith;
  • save where such countries have been deemed by the European Commission to be providing an adequate level of protection pursuant to the relevant provisions of Applicable Data Protection Law not Process Personal Data outside the European Economic Area without the prior written consent of you and, where you consent to a transfer, to comply with any reasonable instructions notified to it by you. Notwithstanding the foregoing:
  • we are expressly permitted and instructed by you that we may transfer Personal Data to any Pink Elephant Media Ltd subsidiary and any Pink Elephant Media Ltd  subcontractor, subject to first ensuring that adequate protections are in place to protect the Personal Data consistent with the requirements of Applicable Data Protection Law;
  • we are expressly permitted to transfer Personal Data to ESDS Software Solution PVT. Ltd. in respect of the provision of support services subject to there being adequate protections in place to protect the Personal Data consistent with the requirements of Applicable Data Protection Law.
  • we are expressly permitted to transfer Personal Data to Microsoft Corporation in respect of the provision of services subject to there being adequate protections in place to protect the Personal Data consistent with the requirements of Applicable Data Protection Law.
  • at your cost and taking into account the nature of the Data Processing and the information available to Pink Elephant Media Ltd , assist you in ensuring your compliance with your obligations to:
  • ensure the security of the Processing;
  • notify Personal Data Breaches to the ICO;
  • notify Personal Data Breaches to the Data Subjects;
  • carry out Data Protection Impact Assessments; and
  • consult the ICO in respect of Data Protection Impact Assessments, pursuant to Articles 32 to 36 of the GDPR (respectively); and
  • notify you without undue delay upon becoming aware of a Personal Data Breach.
  • Taking into account the state of the art, the costs of implementation and the nature, scope, context and purpose of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, you and Pink Elephant Media Ltd will take, implement and maintain such technical and organisational measures as are appropriate to protect the Personal Data against unauthorised or unlawful Processing and against accidental loss, destruction, damage, alteration or disclosure.
  • Each party shall comply always with Applicable Data Protection Law and shall not perform its obligations under the Agreement in such a way as to cause the other to breach any of its applicable obligations under Applicable Data Protection Law.
  • Each party shall comply with its obligations set out in the Data Protection Specification.
  • To the extent that Pink Elephant Media Ltd ‘s performance of its obligations under the Agreement involves the Processing of Personal Data on your behalf, you shall ensure:
  • you are not subject to any prohibition or restriction which would prevent or restrict you from disclosing or transferring such Personal Data to Pink Elephant Media Ltd , as required under the Agreement; and you have lawful grounds for Processing such Personal Data, including (if applicable) the consent of the individual to whom such Personal Data relates (and that such consent shall be valid under Applicable Data Protection Law).
  • Where under Applicable Data Protection Law (including without limitation Article 82 of the GDPR and any applicable Law where you and the Pink Elephant Media Ltd may incur joint and several liability as Controller and Processor with any other person) Pink Elephant Media Ltd incurs any costs liability damages claims or expenses (other than for damage caused by Processing only where it has not complied with obligations of applicable DPA Regulation specifically directed to Data Processors or where it has acted outside or contrary to your lawful instructions under the Agreement), you shall indemnify Pink Elephant Media Ltd  on demand against all such costs liability damages claims or expenses, save for such liability as corresponds directly to Pink Elephant Media Ltd ’s part of the responsibility for the damage caused by Pink Elephant Media Ltd ’s breach of the obligations of Applicable Data Protection Law or the Agreement.
  • International clients. You acknowledge and agree that if you are a business located in a territory outside the European Union (EU), it is your responsibility to ensure compliance with Applicable Data Protection Law (or equivalent) in relation to transfers of your personal data from Pink Elephant Media Ltd to you.
  • PCI DSS Requirements. In accordance with best practice as described in the Payment Card Industry Data Security Standard (PCI DSS) scheme to safeguard sensitive credit and/or debit card data, should you use the Services to store, process or transmit credit or debit card information you will:
  • inform us in writing as soon as practicable and, in any event, before you do so;
  • comply with the PCI DSS requirements; and
  • you will take all necessary steps to ensure you are properly advised by your card acquirer or a PCI DSS Qualified Security Assessor (QSA) with regards to your obligations and appropriateness of your Service.
  • Business Continuity. Pink Elephant Media Ltd warrants that it has and will undertake to maintain a business continuity plan for its operations that is consistent with the international standards ISO 27001:2013. While Pink Elephant Media Ltd takes all steps provided in the Agreement to protect your data, this does not constitute an absolute guarantee that a third party will not try to access, interrupt, delete or compromise your data. You are therefore responsible for determining the ultimate safety and integrity of your data.

 

Pricing and Billing

  • The pricing for the Services will be set out in your order for the Services and detailed in your Account.
  • All pricing unless otherwise stated exclude VAT
  • While we make every effort to ensure pricing on our website is accurate there may be instances where mistakes are made, in these instances we will inform you and;
  • Where you have been charged higher than the correct amount we will provide you with a refund for the difference.
  • Where you have been charged less than the correct amount we will provide you with the opportunity to either cancel your order or to pay the difference.
  • We accept payments done through Credit & Debit card, PayPal, cheque, and bank transfer.
  • Bank Transfers
  • Payments from within the UK will take up to 3 working days to be applied. A working day is classified as Monday – Friday excluding UK bank holidays.
  • Payments from outside of the UK can potentially take longer than 7 working days dependant on the transfer method used. Please contact your payment provider for more details of timeframes.
  • Payments must be made in GBP (Great British Pound), you are responsible for any fees incurred by your bank for conversion from your local currency.
  • If a payment is received in any currency other than GBP we will convert your payment at the current exchange rate and deduct any fees incurred by our bank, this may result in your payment failing to cover the full amount due, if this happen we will inform you that we require a further payment to cover the outstanding balance.
  • You are responsible for all charges imposed by both the sending and receiving bank, it is your responsibility to include any additional amount to cover these charges, please check with your bank before making any transfer if you are unsure.
  • You must include your client ID as a reference on all bank transfers, failure to do so may prevent us from being able to locate the associated account which may result in suspension of your account for non-payment.

Late Payments

  • If multiple invoices are outstanding we will apply the transfer starting with the oldest first, any excess amount will be applied to the next oldest and so forth, if the amount is to be applied to a specific invoice you must also include the invoice(s) reference in addition to your client ID.
  • If the transferred amount exceeds the total due on your account the excess will be converted into service credit and applied to your account.
  • If paying by cheque you must write your client ID and Invoice number on the back for reference, failure to do so may prevent us from being able to locate the associated account which in turn may result in suspension of your account for non-payment.
  • Invoices are generated 10 days before the official due date. Payment must be made by the due date to avoid the suspension of your account. We will send out a reminder 5 days after an invoice is due. This must be paid within the 10 day period.  If no payment is received, your account will be suspended 10 days after the official due date. If no attempt is made within the next 10 days to pay due invoice(s), we reserve the right to permanently terminate your account and delete all data held. In total 15 days from the official due date will pass before we permanently terminate your account.
  • For any change in contact details, billing cycle changes, account upgrades / downgrades, cancellation or termination of hosting services, written authorisation is mandatory and to be submitted using henny@pinkelephantmedia.co.uk.  Requests on Whatsapp or via telephone will  not be accepted. It is important for us to establish the authenticity of the customer before carrying out such requests. All email communications must be done from the registered email address.
  • Account renewal reminders will be sent 15 (Fifteen) days before the renewal / due date for monthly and quarterly billing cycle and 30 days before the renewal / due date for semi-annual, annual, biannual & triannual billing cycle. This is done to ensure that our clients get enough time to make payment(s). A second reminder will be sent before the due date and the third & final reminder would be sent on the day of renewal.
  • A grace period of 10 (Ten) days will be given to all unpaid accounts past the renewal / due date. The hosting service will be suspended on the 11th (Eleventh) day of the account being past due and a notification email would be sent informing about the suspension of service. Backup, if purchased / applicable, will be provided only after the dues are paid during the suspension period.
  • We allow up to 10 (Ten) days after the account has been suspended, for the renewal fee / dues to be paid. The account will be terminated permanently once this period of additional 5 days is over. After your account has been terminated, we can no longer guarantee the recovery of your data. Although all best efforts will be made to recover data past this point if invoices are paid, there is no guarantee that data can be successfully restored and a payment for recovery time at our hourly rate will be applied.
  • We do have an automatic payment facility. You can store your credit or debit card details via our payment provider and your card will be charged every month on the due date of the invoice. You can select what services are automatically paid from the client area. Please contact info@pinkelephantmedia.co.uk for more information on getting this set up.
  • For further enquiries or clarifications, please contact the billing department.

VAT Policy

  • If you are an individual located outside of the EU then you may qualify for VAT exemption. Individuals outside the EU must provide proof of address and identity. Accepted documents include passports, ID cards and recent utility bills.
  • If you are a business located outside the EU then you may qualify for VAT exemption. To apply you must email or fax us details of their incorporation along with business trading status. The documents must show the location of the business.
  • EU VAT registered businesses will be required to provide their VAT registration number which will be validated against the European Commission database. The number will also be re-checked at regular intervals. Any change of VAT status or VAT registration number must be notified to us immediately.
  • Upon sign-up we must charge VAT on your first invoice; if eligibility for VAT exemption is proved however then the VAT charged on this invoice will be refunded in the form of a credit to your billing account and future invoices will be issued without the addition of VAT.

Cancellations & Refunds

  • All cancellation requests must be made by email to henny@pinkelephantmedia.co.uk
  • Cancellation requests will not be accepted by phone, or live chat.
  • 7 working days’ notice is required for all cancellation requests. A working day is classified as Monday – Friday excluding UK bank holidays.
  • Cancellation requests are processed Monday to Friday, 8am to 5pm excluding UK bank holidays.
  • Domain Renewal charges will have to be paid as applicable at the time of renewal. Applicable TLDs covered under free domain registration/
  • Should you cancel your hosting before the renewal date or wish to transfer your domain name to another service provider during its registration period, domain registration/transfer charges will be payable before such action is completed and we will notify you of these following your request to cancel.
  • SSL certificates, domain name registrations, software licenses and WHOIS protection will not be transferred.
  • No refunds will be given if a transfer is made in the period between billing.
  • A transfer cost of £150 is made to cover all costs associated with moving the account.

 

Client Data & Backups

  • We backup all hosting platforms daily for which the following applies:
  • While we will make every effort to protect and backup data for clients on a regular basis, we do not guarantee the existence, accuracy, or regularity of its backup, therefore, you are solely responsible for making backup files in connection with your use of the Services.

 

Termination

  • Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. The right will end once we start to provide you with the Services.
  • We reserve the right to refuse, terminate, or suspend your access to the Services for any reason at our sole discretion upon giving 14 days written notice to you.
  • We may suspend your Account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

Effect of Termination

  • On termination or expiry of your Account for whatever reason you shall pay immediately all sums outstanding pending on your Account to us within 14 working days.
  • You are responsible for all domain renewals after termination and we will provide you with such reasonable information upon request.

Our responsibility for loss or damage suffered by you if you are a business

  • Nothing in these terms shall limit or exclude our liability for:
  • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • fraud or fraudulent misrepresentation;
  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
  • All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
  • Subject to clause 1 above:
  • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us (including but not limited to loss or corruption of data and loss of profit); and
  • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the annual fees paid by you in the twelve months in which the liability arose.
  • We exclude all liability of any kind in respect of any material on the internet posted by the Customer by means of the Services and we are not responsible in any way for any goods (including software) or services provided by third parties advertised, sold or otherwise made available by means of the Services or on the internet, the accuracy, completeness or suitability for any purpose of any website content and the acts or omissions of other providers of telecommunications or internet services (including domain name registration authorities) or for faults in or failures of their equipment.

Delays

We will not be liable for failure or delay in performing our obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, act of God, war, insurrection, sabotage, embargo, fire, flood, malicious damage, pandemic, epidemic, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Indemnity

The client agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any acts or omissions of the Customer, its agents, employees or assigns in connection with their use of the Services.

Law

This Agreement will be governed by and construed and interpreted in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.

The Customer and us both agree that a court may strike out or override any part of these terms and conditions if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the terms and conditions as if the offending clause or clauses had never been contained in them.

Modification of Terms of Service

We reserve the right to modify or change these terms of service at any time. All customers are bound by the latest terms of service published on this website.

If you would like to get in touch with us, please email us at info@pinkelephantmedia.co.uk

 

Client’s Responsibilities

  • The Client shall be responsible for the accuracy and completeness of the Website Material.
  • The Client shall provide Pink Elephant Media Ltd or shall procure that the Client’s current hosting service provider provides Pink Elephant Media Ltd with the Website Material and/or E-mail Material (as the case may be) so as to enable Pink Elephant Media Ltd to provide the E-mail Hosting Services and/or Website Hosting Services (as the case may be) to the Client.
  • The Client acknowledges that where Pink Elephant Media Ltd is unable to implement the E-mail Hosting Services and/or Website Hosting Services (as the case may be) due to the fault of the Client, Pink Elephant Media Ltd shall not be liable for any losses and/or damages suffered by the Client. In addition, Pink Elephant Media Ltd reserves the right to invoice the Client for any additional expenses reasonably incurred by Pink Elephant Media Ltd as a result of such delays by the Client.
  • Your website will have standard privacy policy, cookie policy and terms & conditions, however it is the client’s responsibility to ensure these are accurate and apply to your business. You can amend accordingly.

Installation and Acceptance Testing

  • Pink Elephant Media Ltd shall upload and/or install the Website Material and/or E-mail Material (as the case may be) onto Pink Elephant Media Ltding server.
  • Pink Elephant Media Ltd will thereafter inform the Client that the uploading and installation of the Website Material and/or E-mail Material (as the case may be) has been completed and that the E-mail Hosting Services and/or Website Hosting Services (as the case may be) is ready for acceptance testing which shall be carried out in accordance with the Acceptance Test.
  • Pink Elephant Media Ltd and the Client will jointly carry out the Acceptance Test.
  • Where the E-mail Hosting Services and/or Website Hosting Services (as the case may be) pass the Acceptance Test, the Client shall be deemed to have accepted the E-mail Hosting Services and/or Website Hosting Services.
  • Where the E-mail Hosting Services and/or Website Hosting Services (as the case may be) fail the Acceptance Test, Pink Elephant Media Ltd will rectify any errors, issues and/or problems to ensure that the E-mail Hosting Services and/or Website Hosting Services (as the case may be) meets the requirements set out in the Acceptance Test and notify the Client of the errors, issues and/or problem and that the same has been fixed. Pink Elephant Media Ltd will have no less than 30 days to rectify such errors, issues and/or problems. Thereafter the Parties will commence acceptance testing in accordance with the Acceptance Test.
  • If any failure to pass the Acceptance Test results from a defect which is caused by an act or omission by the Client, or one of the Client’s sub-contractors or agents for whom Pink Elephant Media Ltd has no control, the E-mail Hosting Services and/or Website Hosting Services will be deemed to have passed the Acceptance Test and Clause 6.4 shall apply.
  • Where the E-mail Hosting Services and/or Website Hosting Services (as the case may be) pass the Acceptance Test on the second attempt, Clause 6.4 of this Website and E-mail Hosting Terms will apply. If the E-mail Hosting Services and/or Website Hosting Services (as the case may be) fail the Acceptance Test on the second attempt, Clause 6.5 of this Website and E-mail Hosting Terms will apply.
  • Where the E-mail Hosting Services and/or Website Hosting Services (as the case may be) pass the Acceptance Test on the third attempt, Clause 6.4 of this Website and E-mail Hosting Terms will apply. If the E-mail Hosting Services and/or Website Hosting Services (as the case may be) fail the Acceptance Test on the third attempt, the Client will be entitled to terminate the relevant Contract.
  • Notwithstanding Clauses 6.4 to 6.8 of this Website and E-mail Hosting Terms, the Client shall be deemed to have accepted the E-mail Hosting Services and/or Website Hosting Services (as the case may be) if:
    1. the Client uses the E-mail Hosting Services and/or Website Hosting Services (as the case may be) for its business purposes, any revenue-earning purposes or to provide any services to third parties other than for test purposes; or
    2. the Client unreasonably delays the start of the relevant Acceptance Test or any retests for a period of more than seven working days from the date on which Pink Elephant Media Ltd is ready to commence running such Acceptance Tests or retests (as the case may be).

 

Limitation of remedies and liabilityThe client’s attention is drawn to this clause

Nothing in this agreement shall operate to exclude or limit Pink Elephant Media Ltd’s liability for:

  • death or personal injury caused by its negligence; or
  • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
  • fraud; or
  • any other liability which cannot be excluded or limited under applicable law.
  • Pink Elephant Media Ltd shall not be liable under or in connection with this agreement or any collateral contract for any:
    • loss of revenue;
    • loss of actual or anticipated profits;
    • loss of contracts;
    • loss of the use of money;
    • loss of anticipated savings;
    • loss of business;
    • loss of opportunity;
    • loss of goodwill;
    • loss of reputation;
    • loss of, damage to or corruption of data; or
    • any indirect or consequential loss,
    • in each case howsoever arising, whether such loss or damage was foreseeable or in the contemplation of the parties and whether arising in or caused by breach of contract, tort (including negligence), breach of statutory duty or otherwise.

        • Subject to clause 1, Pink Elephant Media Ltd’s aggregate liability to the Client in respect of claims based on events in any calendar year arising out of or in connection with this agreement or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed £1,000.00.
        • The Client shall defend, indemnify, save and hold Pink Elephant Media Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against Pink Elephant Media Ltd, its agents, its Clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns.
        • The Client shall defend, indemnify and hold harmless Pink Elephant Media Ltd against liabilities arising out of Any defective products sold to Clients from a Pink Elephant Media Ltd server, any injury to person or property caused by any products sold or otherwise distributed in connection with Pink Elephant Media Ltd servers and any material supplied by Clients infringing or allegedly infringing on the proprietary rights of a third party, including copyright infringement.
        • Pink Elephant Media Ltd reserves the right to amend and update these Terms and Conditions at any time with at least 7 days notice but we will provide update on our website in advance to provide users adequate time to question, or raise any concerns regarding any forthcoming changes.

    Intellectual property rights

    • Without prejudice to the other provisions in the Conditions, as between Pink Elephant Media Ltd and the Client, the Client retains all Intellectual Property rights in the E-mail Materials, the Website Materials and such other content and/or materials on the Site, and grants Pink Elephant Media Ltd a licence to use such Intellectual Property rights to the extent required to perform its obligations pursuant to the applicable Contract.
    • All Intellectual Property Rights in any works arising in connection with the performance of the E-mail Hosting Services and/or Website Hosting Services by Pink Elephant Media Ltd shall be the property of Pink Elephant Media Ltd and/or its licensors, and Pink Elephant Media Ltd hereby grants to the Client a non-exclusive licence during the term of the relevant Contract to such Intellectual Property rights for the purposes of utilising the E-mail Hosting Services and/or Website Hosting Services provided by Pink Elephant Media Ltd.
    • The Client shall indemnify and hold harmless Pink Elephant Media Ltd against all damages, losses and expenses arising as a result of any action or claim that the E-mail Materials, the Website Materials and such other content and/or materials on the Site infringe the Intellectual Property rights of any third party.

    Support and Maintenance

    • Pink Elephant Media Ltd will provide the Client with support and maintenance services in the event the E-mail Hosting Services and/or Website Hosting Services (as the case may be) are down and/or unavailable.
    • Where the Client and/or the Client’s users are unable to access the Site, the E-mail Materials and/or Website Materials (as the case may be), the Client shall first ascertain whether the inability to access the Site, the E-mail Materials or Website Materials (as the case may be) is caused by a failure on the part of the E-mail Hosting Services and/or Website Hosting Services or the Client’s internet service provider, the Client’s sub-contractors or agents. Where fault lies with the E-mail Hosting Services and/or Website Hosting Services, the Client’s authorised representative shall contact Pink Elephant Media Ltd immediately and provide full information on the fault using the following details:

    Email address: henny@pinkelephantmedia.co.uk Telephone Number: (01453) 705 097

     

      • Upon receiving the Client’s report, Pink Elephant Media Ltd shall use reasonable endeavours to resolve and rectify the problem to allow the Client and its users to access the Site, the E-mail Materials or Website Materials. Where it is subsequently established that fault does not lie with the Site, the E-mail Materials or Website Materials but with the Client’s equipment or its internet connection, Pink Elephant Media Ltd reserves the right to charge the Client such reasonable costs as Pink Elephant Media Ltd may have incurred.
    × WhatsApp Us