1. Application of the General Conditions
1. This Website and E-mail Hosting Terms shall be read together with the General Conditions and unless the context otherwise requires, such defined terms used in this Website and E-mail Hosting Terms shall have the same meaning as those in the General Conditions.
2. In the event if any inconsistencies between the General Conditions and this Website and E-mail Hosting Terms, the provisions in this Website and E-mail Hosting Terms will prevail.
2. Definitions:
1. In this Website and E-mail Hosting Terms:
1. ‘Acceptance Test’ means the acceptance test set out in the Statement of Work.
2. ‘Conditions’ means these Website and E-mail Hosting Terms, the General Conditions and where relevant, the Domain Name Terms and Design and Website Development Terms.
3. ‘E-mail Hosting Fees’ means the e-mail hosting fees specified in the Statement of Work in respect of the E-mail Hosting Services.
4. ‘E-mail Material’ means E-mails, information in the E-mails including text, pictures, messages and/or such other information attached and/or contained in any of the E-mails being hosted by Pink Elephant Media Ltd.
5. ‘E-mail Hosting Services’ means the E-mail hosting services specified in the Statement of Work.
6. ‘General Conditions’ means that General Terms and Conditions as set out on Pink Elephant Media Ltd’s website.
7. ‘Intellectual Property’ means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.
8. ‘Site’ means the Client’s website specified in the Statement of Work which Pink Elephant Media Ltd is hosting for the Client on which material including the E-mail Materials and/or Website Materials (as the case may be) would be hosted.
9. ‘Statement of Work’ means a written summary of the agreed scope of work which will include, by way of example only; the fees payable by the Client, the estimated delivery dates and/or project milestones, the acceptance testing criteria (where applicable) and such other relevant information which the Parties deem as relevant.
10. ‘Website Hosting Fees’ means the website hosting fees specified in the Statement of Work in respect of the Website Hosting Services.
11. ‘Website Material’ means any materials, software, information and content of the website which is to be hosted by Pink Elephant Media Ltd for the Client.
12. ‘Website Hosting Services’ means the website hosting services specified in the Statement of Work.
3. Commencement of Hosting Services
1. The approval of the Statement of Work by the Client shall constitute an offer to Pink Elephant Media Ltd to contract on such terms and conditions. Pink Elephant Media Ltd’s acceptance of such offer will take place when Pink Elephant Media Ltd emails the Client to accept it, at which point a contract will come into existence between the Client and Pink Elephant Media Ltd, which shall be governed by the terms set out in the Statement of Work and the Conditions.
2. The Client appoints Pink Elephant Media Ltd to carry out the E-mail Hosting Services and/or Website Hosting Services (as the case may be) and Pink Elephant Media Ltd accepts such appointment..
3. The Parties may mutually agree to renew the E-mail Hosting Services and/or Website Hosting Services (as the case may be) for such additional periods as may be agreed between the Parties. Unless otherwise waived by Pink Elephant Media Ltd, any renewals of the E-mail Hosting Services and/or Website Hosting Services (as the case may be) shall be in writing.
4. Hosting Services
1. Pink Elephant Media Ltd shall provide the Website Hosting Services and/or E-mail Hosting Services in accordance with the Statement of Work. In this regard, Pink Elephant Media Ltd will provide the Website Hosting Services and/or E-mail Hosting Services using reasonable skill and care.
2. Pink Elephant Media Ltd shall provide the Client with the facility to update and/or upload new Website Material onto the server.
3. Without prejudice to Clause 4.2 of this Website and E-mail Hosting Terms, the Client will be entitled to request Pink Elephant Media Ltd to assist the Client with such updating and/or uploading of new Website Material and the Parties will mutually agree such fees payable by the Client to Pink Elephant Media Ltd for such assistance.
4. Subject to clause 4.5, Pink Elephant Media Ltd will use its reasonable endeavours to ensure that the E-mail Hosting Services and/or Website Hosting Services (as the case may be) are available all the time.
5. Notwithstanding Clause 4.4 of this Website and E-mail Hosting Terms, while Pink Elephant Media Ltd will endeavour to ensure that the E-mail Hosting Services and/or Website Hosting Services (as the case may be) is available all the time, Pink Elephant Media Ltd does not guarantee that the E-mail Hosting Services and/or Website Hosting Services (as the case may be) will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the E-mail Hosting Services and/or Website Hosting Services (as the case may be) will be complete, accurate, up to date, received or delivered.
6. The Client acknowledges that Pink Elephant Media Ltd may from time to time carry out repairs, maintenance and/or improvements to E-mail Hosting Services and/or Website Hosting Services (as the case may be). In this regard, Pink Elephant Media Ltd will use reasonable endeavours to inform the Client of such non availability of the E-mail Hosting Services and/or Website Hosting Services (as the case may be) and ensure that such maintenance and/or improvements are carried out outside normal business hours wherever possible.
7. For the avoidance of doubt, the Client acknowledges that the E-mail Hosting Services and/or Website Hosting Services (as the case may be) is dependant on the Client having an internet connection. The Client acknowledges that Pink Elephant Media Ltd does not provide internet connection services to the Client nor does Pink Elephant Media Ltd acts as the Client’s Internet Service Provider (‘ISP’). The Client is responsible for its own internet connection.
8. Pink Elephant Media Ltd shall as soon as it is practicable on request by the authorised personnel of Client, suspend availability of the Website Materials and/or the E-mail Materials and shall likewise, on request by the authorised personnel of the Client, as soon as it is practicable, procure that the provision of access to such materials is resumed following such suspensions.
9. Where the Client requires changes to the Website Hosting Services and/or E-mail Hosting Services, any such changes shall be agreed pursuant to the variation procedures set out in Clause 8 of the General Conditions i.e. the Variation Clause.
10. You may not run server processes (eg. talkers/IRC Bots) or any performance monitoring for other web sites from your web space as our shared servers are setup specifically to make these perform badly. If we discover them, we will delete them without warning and will suspend your account immediately and invoice you £20 for the cleanup.
11. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services, especially after your account has either elapsed or been cancelled, all files (including web pages, etc.) will be deleted after 28 days.
12. “Safe lists” and “double optin” lists that you purchase on the internet will NOT be tolerated and will be treated as spamming. Any user who attempts to send out spam will have their account terminated without notice. (Our shared servers all have strict outgoing mail controls blocking the sending of bulk emails)
13. Pink Elephant Media Ltd reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Pink Elephant Media Ltd.
14. This agreement sets out the full extent of the Pink Elephant Media Ltd’s obligations and liabilities in respect of the supply of the E-mail Hosting Services and Website Hosting Services. All conditions, warranties or other terms concerning the E-mail Hosting Services and Website Hosting Services which might otherwise be implied into this agreement or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.
15. If you decide to host the website yourselves – PINK ELEPHANT MEDIA LTD cannot be wholly responsible for the security, speed or performance of your website. Installing our websites on external servers can cause technical issues and some poor quality hosting may not be suitable. Configuration of hosting environments to facilitate our deployment process is be chargeable. Updating of WordPress and any plugins will be the responsibility of the client. The client will be responsible for reviewing any security alerts or logs generated and deciding if any action is required.
16. Updating of plugins and installing of any new plugins can cause errors resulting in the site not performing as expected or in some cases being un-accessible. If PINK ELEPHANT MEDIA LTD are asked to fix any issues related to updates this will be chargeable.
5. Client’s Responsibilities
1. The Client shall be responsible for the accuracy and completeness of the Website Material.
2. 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.
3. 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.
4. 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.
6. Installation and Acceptance Testing
1. 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.
2. 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.
3. Pink Elephant Media Ltd and the Client will jointly carry out the Acceptance Test.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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).
7. Charges and Payment
1. Unless otherwise specified in the Statement of Work, Pink Elephant Media Ltd shall be entitled to invoice the Client in respect of the E-mail Hosting Fees and/or Website Hosting Fees (as the case may be) for the first month of such services upon the Parties agreeing the Statement of Work and the Client shall pay to Pink Elephant Media Ltd the E-mail Hosting Fees and/or the Website Hosting Fees (as the case may be) within 30 days of the date of Pink Elephant Media Ltd’s invoice. Thereafter, Pink Elephant Media Ltd shall be entitled to issue the Client with a yearly invoice in respect of the E-mail Hosting Fees and/or Website Hosting Fees (as the case may be) and such invoice shall be payable within 7 days of the date of Pink Elephant Media Ltd’s invoice.
8. E-mail Material and Website Material
1. The Client shall ensure that the Website Materials and/or E-mail Materials do not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (“Inappropriate Content”);
2. The Client undertakes to comply and shall contractually procure that its users comply with generally accepted principles of internet usage (whether governed by the laws of any jurisdiction or not) including refraining from:
1. sending unsolicited mass communications (“Spam”);
2. sending mail bombs; Trojan horses; viruses or other disruptive programs or devices;
3. pirating or otherwise illegally copying software or other proprietary material; and
4. violating the security of any website or engaging in unauthorised decryption of protected material.
5. The Client acknowledges that Pink Elephant Media Ltd has no control over any content placed on the Site by visitors and does not purport to monitor the content of the Site.
3. Pink Elephant Media Ltd reserves the right at any time and without notice and without liability, to suspend availability and/or remove any content and/or material from the Site (including the Website Material and/or E-mail Material) where it reasonably suspects such content and/or Material is Inappropriate Content. Pink Elephant Media Ltd shall as soon as it is practicable, notify the Client if it becomes aware of any allegation that content and/or material on the Site may be Inappropriate Content.
4. The Client acknowledges and agrees that Pink Elephant Media Ltd may be required by a law enforcement agency to monitor Site content and traffic and if necessary give evidence of the same to support or defend any dispute or actionable cause or matter which arises in relation to the same.
5. The Client shall indemnify Pink Elephant Media Ltd, its successors and assigns against all damages, losses and expenses arising as a result of any action or claim that the materials and/or content on the Site including the E-mail Materials and/or Website Materials constitute Inappropriate Content.
6. The Client warrants that any personal data on the system hosted by Pink Elephant Media Ltd complies fully with the The EU General Data Protection Regulation (GDPR) and associated legislation and hereby indemnifies Pink Elephant Media Ltd against any infringement of such legislation (except insofar as Pink Elephant Media Ltd is responsible for the security of the system and the materials) and in particular acknowledges that Pink Elephant Media Ltd does not operate or exercise any control over, and accepts no responsibility for where or in what jurisdiction the materials may be received.
7. The Client undertakes and shall contractually procure that each of its users and/or visitors undertake not to upload any materials and/or contents onto the Site which are Inappropriate Content. The Client shall be solely responsible for the accuracy, legality, and compliance with the relevant rules and regulations in respect of the materials and/or content uploaded onto the Site.
8. The Client warrants that it has and shall contractually procure that its users have obtained all necessary consents, approvals and licences for the use of third party Intellectual Property and the use of such third party Intellectual Property will not violate any intellectual property rights belonging to any third party.
9. The Client shall indemnify and hold harmless Pink Elephant Media Ltd against any claims, proceedings, losses, liabilities, damages (including reasonable costs), charges and expenses of whatever nature arising out of or in connection with any claim or action made against Pink Elephant Media Ltd relating to a breach of any sub-clauses of Clause 8 of this Website and E-mail Hosting Terms by the Client and/or its users provided that Pink Elephant Media Ltd will not make any admissions without the Client’s prior written consent and not take any step (or omit to take any step) which would prejudice the Client’s defence of the claim, and shall allow the Client to conduct and/or settle all negotiations and litigation resulting from such claim. Pink Elephant Media Ltd shall, at the request of the Client, afford all reasonable assistance with such negotiations or litigation and shall be reimbursed by Client for any reasonable out of pocket expenses incurred in so doing.
10. Pink Elephant Media Ltd may include the statement “Web Design PINK ELEPHANT MEDIA LTD” on the Site in a form to be agreed
9. Data Protection
1. In this Clause 9, Personal Data has the meaning given in the The EU General Data Protection Regulation (GDPR).
2. The Client acknowledges that to the extent Pink Elephant Media Ltd processes any Personal Data on behalf of the Client:
3. it shall act only on instructions from the Client;
10. Limitation of remedies and liabilityThe client’s attention is drawn to this clause
1. Nothing in this agreement shall operate to exclude or limit Pink Elephant Media Ltd’s liability for:
1. death or personal injury caused by its negligence; or
2. 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
3. fraud; or
4. any other liability which cannot be excluded or limited under applicable English law.
2. Pink Elephant Media Ltd shall not be liable under or in connection with this agreement or any collateral contract for any:
1. loss of revenue;
2. loss of actual or anticipated profits;
3. loss of contracts;
4. loss of the use of money;
5. loss of anticipated savings;
6. loss of business;
7. loss of opportunity;
8. loss of goodwill;
9. loss of reputation;
10. loss of, damage to or corruption of data; or
11. 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.

1. 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.
2. The Client shall defend, indemnify, save and hold PINK ELEPHANT MEDIA LTD Design Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitors fees asserted against PINK ELEPHANT MEDIA LTD Design 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.
3. The Client shall defend, indemnify and hold harmless PINK ELEPHANT MEDIA LTD Design Ltd against liabilities arising out of Any defective products sold to Clients from a PINK ELEPHANT MEDIA LTD Design Ltd server, any injury to person or property caused by any products sold or otherwise distributed in connection with PINK ELEPHANT MEDIA LTD Design Ltd servers and any material supplied by Clients infringing or allegedly infringing on the proprietary rights of a third party, including copyright infringement.
4. 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.
1. Intellectual property rights
1. 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.
2. 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.
3. 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.
2. Termination
1. Without prejudice to any other rights or remedies which the Parties may have, either party may terminate the relevant Contract without liability to the other if:
1. the other Party fails to pay any amount due under such Contract on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment;
2. the other Party commits a material breach of any of the terms of the relevant Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
3. is unable to pay its debts or enters into compulsory of voluntary liquidation (other than for the purpose of effecting a reconstruction or amalgamation in such manner that the company resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of the relevant party under the relevant Contract) or compounds with or convenes a meeting of its creditors or has a receiver or manager or an administrator appointed of its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party giving notice means that the other may be unable to pay its debts.
2. On termination of a Contract for any reason:
1. the Client shall immediately pay to Pink Elephant Media Ltd all of Pink Elephant Media Ltd’s outstanding unpaid invoices and any interest due and, in respect of any services supplied but for which no invoice has been submitted, Pink Elephant Media Ltd may submit an invoice, which shall be payable immediately on receipt; and
2. subject to paying such fees as on Pink Elephant Media Ltd’s then applicable hourly rates, Pink Elephant Media Ltd will assist the Client to transfer all the E-mail Materials, Website Materials and such materials and/or contents on the Site to a new hosting service provider.
3. The accrued rights and liabilities of the Parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.
4. Pink Elephant Media Ltd reserves the right to cancel the Client’s account at any time if the Client Is found to be in breach of these terms & conditions but Pink Elephant Media Ltd will provide the Client with 1 written warning notice beforehand and only if the Client faisl to comply within 5 working days will Pink Elephant Media Ltd close the Cient’s account without any further notice.
3. Support and Maintenance
1. 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.
2. 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.com Telephone Number: 01453 705097

1. 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.

1. Application of the General Conditions
1. This Domain Name Terms shall be read together with the General Conditions and unless the context otherwise requires, such defined terms used in this Domain Name Terms shall have the same meaning as those in the General Conditions.
2. In the event if any inconsistencies between the General Conditions and this Domain Name Terms, the provisions in this Domain Name Terms will prevail.
2. Definitions:
1. In this Domain Name Terms:
1. ‘Conditions’ means these Domain Name Terms, the General Conditions and where relevant, the Design and Website Development Terms and Website and E-mail Hosting Terms.
2. ‘Domain Name’ means the domain name specified in the Statement of Work and/or Initial Statement of Work (as defined in the General Conditions) which the Client wishes to acquire and/or renew.
3. ‘Domain Name Fees’ means the fees and/or charges payable by the Client to Pink Elephant Media Ltd for the domain name acquisition and registration services and/or the domain name renewal services offered by Pink Elephant Media Ltd to the Client as set out in the Statement of Work.
4. ‘General Conditions’ means the General Terms and Conditions as set out on Pink Elephant Media Ltd’s website.
5. ‘Intellectual Property’ means copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs and any other relevant intellectual property rights, in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
6. ‘Registry Administrator’ means the relevant organisation which deals with registering of domain names e.g. 123 reg for .UK domain names; Network Solutions Inc for .com; .mobi; .org and .net domain names; and EURID for .EU domain names.
7. ‘Seller’ means the seller of the Domain Name which the Client wishes to acquire.
8. ‘Statement of Work’ means a written summary of the agreed scope of work which will include, by way of example only; the fees payable by the Client, the estimated delivery dates and/or project milestones, the acceptance testing criteria (where applicable) and such other relevant information which the Parties deem as relevant.
3. Appointment of Pink Elephant Media Ltd as agent to act for Client
1. The approval of the Statement of Work by the Client shall constitute an offer to Pink Elephant Media Ltd to contract on such terms and conditions. Pink Elephant Media Ltd’s acceptance of such offer will take place when Pink Elephant Media Ltd emails the Client to accept it, at which point a contract will come into existence between the Client and Pink Elephant Media Ltd, which shall be governed by the terms set out in the Statement of Work and the Conditions.
2. The Client hereby appoints Pink Elephant Media Ltd as its agent to:
1. acquire the Domain Name from the Seller;
2. to deal with the relevant registrars of the Domain Name and the Registry Administrators in order to register the Domain Name on behalf of the Client either under the name of Pink Elephant Media Ltd or the Client (as agreed in the Statement of Work) with the relevant Registry Administrator; and/or
3. to deal with the renewal of the Domain Name registration.
3. By instructing Pink Elephant Media Ltd to carry out the services set out in Clause 3.1 of this Domain Name Terms, the Client shall be deemed to have read and agreed to any terms and conditions by the relevant Registrar Administrator and/or registrars which woold apply to the services set out in Clause 3.1 of this Domain Name Terms.
4. Acquisition and Registration of Domain Name
1. Pink Elephant Media Ltd and the Client will discuss the various options available to the Client. Usually, such options will be set out in the Initial Statement of Work. The Client will then provide Pink Elephant Media Ltd with a few of its choices and prioritising such choices in a manner which Pink Elephant Media Ltd may request and this information will be recorded and agreed in the Statement of Work.
2. The Client will also provide all such information and assistance, and execute such documents as may be reasonably requested by Pink Elephant Media Ltd as soon as it is reasonably practicable. For the avoidance of doubt, the Client is solely responsible for the information which it provides to Pink Elephant Media Ltd.
3. Pink Elephant Media Ltd will upon receipt of the information required of the Client, submit the information to the appropriate registrar and/or Registry Administrator for approval and processing.
4. Pink Elephant Media Ltd will undertake the acquisition and registration of the Domain Name using reasonable skill and care.
5. Renewal of Domain Names
1. The Client may request Pink Elephant Media Ltd to renew the Domain Name on behalf of the Client and Pink Elephant Media Ltd will undertake such renewal of the Domain Name for the Client using reasonable care and skill.
2. Notwithstanding any other provisions in the Conditions, the Client is solely responsible to notify Pink Elephant Media Ltd in writing and to ensure that Pink Elephant Media Ltd receives such notice with regard to the date of renewal of the Domain Name 30 days before such renewal date and Pink Elephant Media Ltd will not in any event be liable for any losses and/or damages suffered by the Client if the Domain Name was not renewed on time due to the failure of the Client to inform Pink Elephant Media Ltd of the date of renewal.
6. Domain Name Fees
1. In consideration of the domain name acquisition, registration and/or renewal services performed (as the case may be) by Pink Elephant Media Ltd for the Client, the Client shall pay to Pink Elephant Media Ltd the Domain Name Fee.
2. The invoice for the Domain Name Fee shall be payable upon receipt.
7. Warranties and Indemnities
1. The Client warrants and represents that it has the foll power and authority to enter into the relevant Contract for the services specified in Clause 3.1 of this Domain Name Terms and such other documents required to effect the Domain Name acquisition, registration and/or renewal (as the case may be).
2. The Client warrants and represents that it is able to pay the Domain Name Fee in accordance with the terms of this Agreement.
3. The Client warrants and represents to the best of its knowledge that neither the acquisition, registration and/or renewal of the Domain Name (as the case may be) nor the manner in which it is directly or indirectly to be used infringes the Intellectual Property rights or any other legal rights of any third party and that the Domain Name is not being registered for nor shall it at any time whatsoever be used for any unlawfol purpose. In this regard, the Client shall indemnify and hold harmless Pink Elephant Media Ltd against any claims, proceedings, losses, liabilities, damages (including reasonable costs), charges and expenses of whatever nature arising out of or in connection with any claim or action made against Pink Elephant Media Ltd relating to a breach of this Clause 7.3 provided that Pink Elephant Media Ltd will not make any admissions without the Client’s prior written consent and not take any step (or omit to take any step) which woold prejudice the Client’s defence of the claim, and shall allow the Client to conduct and/or settle all negotiations and litigation resolting from such claim. Pink Elephant Media Ltd shall, at the request of the Client, afford all reasonable assistance with such negotiations or litigation and shall be reimbursed by Client for any reasonable out of pocket expenses incurred in so doing.
4. The Client shall indemnify and hold harmless Pink Elephant Media Ltd against all damages, losses and expenses arising as a resolt of any action or claim arising out of or in connection with the relevant Contract with regard to the services set out in Clause 3.1 of this Domain Name Terms insofar as such action or claims is not caused by any negligence of breach of this Domain Names Terms and/or the General Conditions by Pink Elephant Media Ltd.
8. Limitation of Liability

The client’s attention is drawn to this clause

1. Nothing in this agreement shall operate to exclude or limit Pink Elephant Media Ltd’s liability for:
1. death or personal injury caused by its negligence; or
2. 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
3. fraud; or
4. any other liability which cannot be excluded or limited under applicable English law.
2. Pink Elephant Media Ltd shall not be liable under or in connection with this agreement or any collateral contract for any:
1. loss of revenue;
2. loss of actual or anticipated profits;
3. loss of contracts;
4. loss of the use of money;
5. loss of anticipated savings;
6. loss of business;
7. loss of opportunity;
8. loss of goodwill;
9. loss of reputation;
10. loss of, damage to or corruption of data; or
11. 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.

1. 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.

1. Termination
1. Without prejudice to any other rights or remedies which the Parties may have, either party may terminate the relevant Contract without liability to the other if:
1. the other Party fails to pay any amount due under such Contract on the due date for payment and remains in defaolt not less than 7 days after being notified in writing to make such payment;
2. the other Party commits a material breach of any of the terms of the relevant Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
3. is unable to pay its debts or enters into compolsory of voluntary liquidation (other than for the purpose of effecting a reconstruction or amalgamation in such manner that the company resolting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of the relevant party under the relevant Contract) or compounds with or convenes a meeting of its creditors or has a receiver or manager or an administrator appointed of its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party giving notice means that the other may be unable to pay its debts.
2. On termination of a Contract for any reason:
1. the Client shall immediately pay to Pink Elephant Media Ltd all of Pink Elephant Media Ltd’s outstanding unpaid invoices and any interest due and, in respect of any services supplied but for which no invoice has been submitted, Pink Elephant Media Ltd may submit an invoice, which shall be payable immediately on receipt; and
2. (where applicable) subject to paying such fees as on Pink Elephant Media Ltd’s then applicable hourly rates, Pink Elephant Media Ltd will assist the Client to transfer the Domain Name to such other registrar and/or entities as the Client may instruct.
3. The accrued rights and liabilities of the Parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination shall not be affected.

User Content Agreement

This User Content Agreement sets out the terms that apply to you when you use any interactive functions on our website, https://pinkelephantmedia.com (our website). When you click agree to this User Content Agreement, you agree to be bound by its terms in addition to our website terms of use, you acknowledge that your personal information will be processed in accordance with our privacy policy, and that we use cookies and other information-gathering technologies in accordance with our cookies policy, and you agree to check for the latest version of this User Content Agreement, our terms of use, privacy policy and cookies policy each time you access our website.

This User Content Agreement is effective from 02/08/2011

Please read this User Content Agreement carefully. We recommend that you print off a copy of this User Content Agreement for your records, as well as any future versions of it, as we may update it from time to time.

If for any reason whatsoever you do not agree to this User Content Agreement or do not wish to be bound by any or all of its terms, you must not click agree to this User Content Agreement, and you must not access or use any interactive functions of our website, link to our website, contact other users of our website or upload any content to our website.

Contents

• Basis of agreement
• Variation of this User Content Agreement
• Content uploaded to our website
• Rights you grant in relation to content uploaded to our website
• Prohibited uses of our website
• Prohibited Content
• Actions we may take in relation to uploaded content
• No responsibility for user-generated content
• Viruses and other harmful content
• Links to other websites
• Links to our website
• Conflict
• Severance
• Assignment
• Waiver
• Third party rights
• Reservation of rights
• Governing law and jurisdiction
• Copyright, credit and logo

1. Basis of agreement
• 1.1 This User Content Agreement, in addition to our Terms of Use, sets out the terms and conditions that apply to you when you access any interactive features of our website, upload content onto our website, interact with other users of our website or upload links on our website.
• 1.2  When you click agree to this User Content Agreement, you agree to be bound by the terms set out herein.

1. Variation of this User Content Agreement
• 2.1 We may vary the terms of this User Content Agreement from time to time:
  (a) to reflect any changes in the way we carry out our business;
  (b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website; or
  (c) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and guidance.
• 2.2 By continuing to access our website after we have updated this User Content Agreement, you agree to be bound by that updated version.
• 2.3 You must check this User Content Agreement each time you access our website in order to ensure that you are aware of the terms and conditions that apply to you at that time.
• 2.4 If required by law, we will provide you with notice of any changes we make to this User Content Agreement by posting a notice on our website. Where we make any changes to this User Content Agreement, we will post the updated version on our website with a new effective date stated at the beginning of it.

2.5 The date that this User Content Agreement was last amended is set out at the top of the document and may be described as the document’s “effective date”.

1. Content uploaded to our website
• 3.1 Whenever you make use of any feature or interactive function on our website that enables you to upload content to our website, any content you upload must:
  (a) state any facts accurately;
  (b) state opinions only when, and to the extent that, they are genuinely held, and you must also state the person to whom those opinions belong;
  (c) comply with all applicable laws and regulations both in England and Wales, any country from which you upload the content and any other applicable laws from time to time; and
  (d) not constitute Prohibited Content (described in clause 6 (Prohibited Content) below).
• 3.2 You may upload your own confidential information to our website, but any confidential information you upload will be made public and non-confidential by you uploading it. We do not guarantee that any content uploaded by you will be treated as confidential, and we disclaim any responsibility for maintaining the confidentiality of any such uploaded content. You must not upload confidential information belonging to any other person. Any and all content that you upload to our website will be treated as non-confidential.
• 3.3 We are not responsible for securing or backing up any data or content uploaded by you, and we are not responsible for any loss or corruption of such data or content. If you do not wish to lose any content uploaded by you, you should back up and secure such content independently.
• 3.4 You shall be solely responsible for content you upload to our website and for the consequences of uploading or publishing it. In connection with your uploads and anything contained, displayed, featured, incorporated, or appearing therein or related thereto, you hereby represent and warrant that you either:
  (a) are the owner of all copyright and other intellectual property rights in the content uploaded by you; or
  (b) are licensed or otherwise legally authorised by the owner of the copyright or other intellectual property rights in the content you upload to use that content and to distribute that content on or via third party websites (including on or via our website) in the public domain on a non-confidential basis, and to grant the licence described in clause 4.2 (Rights you grant in relation to content uploaded to our website) for and on behalf of the owner of the copyright.
• 3.5 You further represent and warrant that your use and/or uploading of any content to our website does not infringe and will not infringe on the copyright, trade mark, trade secret, rights or privacy or publicity, or other intellectual property or personal rights of any person or entity.
• 3.6 If you own the copyright in any photograph, video or other material that appears on our website and you consider that its appearance on our website violates your copyright, please notify us by email at henny@pinkelephantmedia.com If you are uncertain whether the use of the content you are reporting infringes your legal rights, you may wish to seek legal guidance. Please bear in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) in the United States, with similar laws existing in other countries.

1. Rights you grant in relation to content uploaded to our website
• 4.1 You shall at all times remain the owner of all copyright in the content uploaded by you, unless the copyright in such content is owned by a person other than yourself, in which case that person shall retain the ownership of the content.
• 4.2 By uploading content to our website, you grant us a worldwide, transferable, non-exclusive, perpetual, irrevocable, royalty-free licence to use, copy, adapt, modify, reproduce, process, publish, transmit, display and distribute such content to anyone, by any means whatsoever, for any lawful purpose, and to relicense, whether or not in exchange for payment, third parties to do the same. This means that any content you upload to the internet via our website is public, and may be distributed anywhere by anyone, including persons other than ourselves and those to whom we have relicensed it.
• 4.3 You grant each user of the website a non-exclusive licence to access the content you upload through the website, and to use, copy, reproduce, distribute and display such content as permitted through the functionality of the website and under this User Content Agreement.
• 4.4 You waive any claims you may have based on any usage of the content you upload or the works derived therefrom including (but not limited to) claims for infringement, invasion, misappropriation, or violation of intellectual property or personal rights.

1. Prohibited uses of our website
• You must use our website for lawful purposes only and in accordance with this User Content Agreement. You must not use our website:
• (a) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing the same;
• (b) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate or market to anyone any goods, services or business not authorised by us;
• (c) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;
• (d) for any fraudulent purposes whatsoever;
• (e) to communicate with, harm or attempt to harm children in any way; or
• (f)   in any way or for any purpose that breaches this User Content Agreement or the terms of any other documents referred to in it.

1. Prohibited Content
• You must not upload any content to our website, or upload to our website any links to third party websites containing content which falls into any one or more of the following categories (Prohibited Content):

• (a) contains confidential information belonging to any other person, save and except where you have the legally binding authorisation of such person to upload the content to our website;
• (b) contains any advertising or promotions relating to any other business or that provides a link to any other business, without our prior written consent;
• (c) is deceptive, dishonest, deceitful, inaccurate or untrue;
• (d) misrepresents your identity, status or any affiliation you may have with any third party;
• (e) impersonates any other person or organisation;
• (f)   represents or suggests that the content is provided by us or reflects our views, opinions, positions, activities or affairs;
• (g) contains any swear word or profanity, is offensive, obscene, hateful or aggressive, threatening, abusive, harassing or malicious towards any person or is likely to cause anxiety, distress, discontent or annoyance, or which promotes violence, hatred, aggression or unrest;
• (h) is in any way discriminatory towards any person or class of persons on account of nationality, race, gender, age, religion, disability, sexual orientation or any other characteristic or ground
• (s) capable of constituting unlawful discrimination under the Equality Act 2010;
• (i) infringes any intellectual property rights of any other person, including, without limitation, any copyrights, database rights or trade marks;
• (j) breaches any statutory duty owed to any other person;
• (k) breaches the terms of any contract owed to any other person;
• (l) contravenes the terms of any court order;
• (m) is defamatory, disparaging, rude or insulting towards any person or organisation or which is capable of harming the reputation of any person or organisation;
• (n) contains, alludes to or describes any sexually explicit material, or which redirects users to such content;
• (o) incites, encourages, advocates or promotes any illegal activity, or assists anyone in the commission, planning or conduct of any illegal activity;

or

• (p) contains a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of hatred, violence or terrorism.

1. Actions we may take in relation to uploaded content
• 7.1 We reserve the right to take any action whatsoever that we deem appropriate in respect of any suspected or actual breach of this User Content Agreement. Such action may include:
• (a) issuing you with a warning in respect of your non-compliance with the terms of this User Content Agreement;
• (b) suspension or termination, without notice, of your right to use our website;
• (c) modification or removal of any content uploaded by you;
• (d) disclosure of your identity to any third party where that third party (or their representative) makes a complaint to us relating to content uploaded by you, and it appears to us that the content uploaded by you constitutes a violation of their or any other person’s intellectual property rights, privacy rights or any other rights;
• (e) disclosure of your identity, any content uploaded by you and any other relevant information to the police or any other law enforcement authority in the event that we deem this to be reasonable, necessary or otherwise required or permitted by law;
• (f) commencing legal proceedings against you for all expenses that we incur because of any breach by you of this User Content Agreement; or
• (g) any other or additional action that we deem appropriate in the circumstances.
• 7.2 YOU HEREBY HOLD HARMLESS AND INDEMNIFY US FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REPUTATION OR GOODWILL, AND ANY OTHER SECONDARY OR CONSEQUENTIAL LOSSES), PENALTIES, COSTS (INCLUDING PROFESSIONAL AND LEGAL COSTS ON A FULL INDEMNITY BASIS) AND EXPENSES SUFFERED OR INCURRED BY US ARISING FROM, IN CONNECTION WITH OR RELATING TO ANY BREACH BY YOU OF THIS USER CONTENT AGREEMENT OR OUR TERMS OF USE OR ANY ACTION BROUGHT AS A CONSEQUENCE OF ANY CONTENT BEING UPLOADED BY YOU (INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY CONTENT).
• 7.3 We shall have no liability to you whatsoever for the consequences of any action we take in response to any breach by you of the terms of this User Content Agreement, our website terms of use, or any other document, laws or regulations governing your use of our website.

1. No responsibility for user-generated content
• Some parts of our website may contain content and materials that have been uploaded by other users. Any such content is owned by or licensed to the users who uploaded the material, or owned by other third parties and has not been approved by us. We make no representations and provide no warranties whatsoever in respect of any such user-generated content, and have no obligation to monitor or review any such content. Any opinions or views contained in any user-generated content may describe the opinions and views of the users who uploaded it and/or the views of third parties and not our own views, opinions, positions or values. Accordingly, we do not endorse any opinions, advice or recommendations contained in any user-generated content.

1. Viruses and other harmful content
• 9.1 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or browsing device which you use to access our website.
• 9.2 You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.
• 9.3 You must not use, whether by yourself or in conjunction with any third parties, any software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data, or cause, encourage or entice any third party to do the same.
• 9.4 You must not perform any denial of service type attack on our website.
• 9.5 You must not perform any action which would contravene the Computer Misuse Act 1990.
• 9.6 We may report any breach or suspected breach of this clause 9 (Viruses and other harmful content) to the relevant authorities and may disclose your identity to them.

1. Links to other websites
• 10.1 We are not responsible for the content of any website(s) accessible via any link(s) on our website from time to time. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related, suitable, appropriate, lawful or accurate.
• 10.2 Any third party website accessible via a link on our website may collect and process your personal information. We are not responsible for any data-processing activities carried out by any third party website linked to from our website or how such third parties may use your personal information, and we disclaim any and all liability in respect of the same. You must check the privacy policy of any such third party to establish how they may use your personal information before you decide to use their website and its features.

1. Links to our website
• 11.1 Where you have obtained our consent to link to our website:
  (a) you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use;
  (b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and
  (c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
• 11.2 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website.

1. Conflict
• The terms of this User Content Agreement shall prevail over any other terms which may conflict with them, including any terms in our Terms of Use, privacy policy or cookies policy.

1. Severance
• In the event that any term of this User Content Agreement is found by a court of competent jurisdiction to be void, invalid, illegal, unenforceable or non-binding, it shall be modified to the minimum extent necessary to make it valid, legal, effective and binding, giving effect to the purpose of the original term to the maximum extent possible. In the event that such modification of the term is not possible, it shall be deleted from this User Content Agreement. Where a term is defective only because of a partial term, sub-clause or part-provision of a term, and such modification is not capable of remedying the defect, that defective partial term, sub-clause or part-provision alone shall be deleted. No deletion of any term or partial term, sub-clause or part provision under this clause shall affect the validity of the remainder of this User Content Agreement or any other terms contained herein.

1. Assignment
• 14.1 We may assign, transfer or otherwise deal with, in any way whatsoever, any of our rights and obligations under this User Content Agreement. We may need to do this, for example, if we sell part or all of our business, in order to obtain credit from a third party, where we engage subcontractors, or in connection with the enforcement of our rights. Where we do assign, transfer or otherwise deal with our rights and obligations under this User Content Agreement, we will try to give you notice of such action.
• 14.2 You may not assign, transfer or otherwise deal with, in any way whatsoever, any of your rights and obligations under this User Content Agreement.

1. Waiver
• Any failure to exercise or delay by us in exercising any of the rights or remedies that we may have under this User Content Agreement or otherwise shall not constitute a waiver of those rights or remedies, or any other rights or remedies that we may have against you or any other person at any time. Any exercise of our rights and remedies under this User Content Agreement or otherwise shall not restrict us in any way from the further exercise of those same rights or remedies, or any other rights or remedies that we may have against you or any other person at any time.

1. Third party rights
• Save and except as expressly provided in this User Content Agreement, no person other than a party to this agreement shall have any rights or remedies (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) in respect of this User Content Agreement.

1. Reservation of rights
• The rights and remedies arising under this User Content Agreement are in addition to any rights and remedies arising under law.

1. Governing law and jurisdiction
• 18.1 This User Content Agreement, any documents referred to in it, and any disputes arising from or in relation to it, whether contractual or not, shall be governed by and construed in accordance with English law.
• 18.2 The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to this User Content Agreement or any documents referred to in it.

1. Copyright, credit and logo
• 19.1 The copyright in this User Content Agreement is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved.
• 19.2 This User Content Agreement is based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit www.gdprprivacypolicy.org
• 19.3 Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.