1. Who we are and who these terms are for
These terms are a contract between you and Pink Cowz Ltd, a company registered in England and Wales, company number 17421159, registered office 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom ("Pink Cowz", "we", "us"). Email support@pinkcowz.com — it reaches a person and it is the fastest way to reach us.
"You" means the business named on your account.
We sell to businesses. By ticking the box on the payment page you confirm that you are buying for the purposes of your business, trade or profession and not for your own private use. If your business is outside the United Kingdom, the payment page also asks for your business's tax number (in Poland the NIP, in Spain the NIF, in the Netherlands the btw-identificatienummer): it is the evidence that lets us treat the sale as a sale to a business in your country, and your invoice carries it. Your confirmation does not take away any protection the law gives you regardless of what you tick — clause 20 says what those protections are and how we honour them. If you are not buying for a business at all, tell us before you pay and we will handle your purchase as clause 20 describes.
Who sells to you. You may buy from one of our sales agents, who are independent and self-employed and sell on our behalf, or directly from Pink Cowz. Either way your contract is with Pink Cowz Ltd and nobody else. An agent cannot change these terms. If an agent promised you something these documents do not say, clause 21 tells you what to do about it, and it is not "nothing".
2. What your contract is made of
Your contract with us is:
- the order you agree at the point of sale — your business, the upfront agreed for you, the currency of the sale, your plan and the monthly fee, all shown on the payment page, your receipt and your invoice;
- these Terms of Service;
- the Refund and Cancellation Policy (app.pinkcowz.com/legal/refund);
- the Domain Terms (app.pinkcowz.com/legal/domains), if you have a domain with us or connect one;
- the Acceptable Use Policy (app.pinkcowz.com/legal/acceptable-use); and
- the Data Processing Agreement (app.pinkcowz.com/legal/dpa), which governs personal information about your own customers that we handle for you (clause 17).
If they conflict, the order wins, then these terms, then the other documents. Our Privacy Notice (app.pinkcowz.com/legal/privacy) and Cookie Notice (app.pinkcowz.com/legal/cookies) tell you what we do with personal information; they describe what we do rather than promise it, and they are not part of the contract. Your right to change your mind (app.pinkcowz.com/legal/cancellation) is the notice we give every customer before they pay; it is also emailed to you. A one-page summary of what you are agreeing to is at app.pinkcowz.com/legal/summary. It helps you read these terms; it does not replace them.
3. How you agree
You agree by ticking the box on the payment page and paying. The payment page is run by our payment provider, Stripe. Before your card is taken it shows a box you must tick. The sentence beside the box says that you are buying for your business, names these terms and links to them and to our privacy notice, states the monthly fee and when it starts, says that the amount paid today is not refundable, and asks us on your behalf to publish your website straight away. Nothing is signed and there is no paperwork.
When you pay, our platform records which version of these terms you were shown, when you agreed, how you agreed and which agent (if any) made the sale. The version is the date at the top of this page. Your receipt repeats it and links these terms, and your receipt and invoice state the monthly fee and the date it starts, so you have your own record of exactly what you accepted. If you tick "I'm purchasing as a business" and give your business name and tax number, we record that too.
Whose phone. You may pay on your own phone or computer from the link we send you, or on the agent's. Either way the tick and the payment are recorded against your business and the receipt goes to your own email address. If you did not agree to what the receipt says, reply to it within 14 days and we will put it right.
These terms take effect when you pay the upfront or, if no upfront applies, when your monthly membership starts.
4. The preview, paying, and going live
We usually build your website before you buy it. We build it from information that is publicly available about your business — for example your Google Business listing — and, where you or somebody acting for you agreed, from your own website, your social media and the photographs you gave us. That preview is a demonstration. It creates no obligation on you until you pay.
Paying is your approval, and your website goes live the moment your payment lands. You see the site before you pay: at your door, on the agent's screen, or on the page we email you. If you want changes first, ask; we make them and you look again. By ticking the box and paying you approve the site as shown, instruct us to publish it straight away, and confirm that:
- the facts it states about your business — opening hours, address, contact details, services, prices you asked us to show — are accurate as far as you know;
- you hold the rights in the material you gave us, or have permission to use it; and
- the site contains nothing you know to be misleading or unlawful.
If you would rather wait. Nothing goes live until you pay, so if you want time to think, take it: keep the payment link, or ask the agent or us for a fresh one when you are ready, and your website is published on the day you pay. Your right to change your mind (clause 20 and the notice at app.pinkcowz.com/legal/cancellation) explains what happens if you ask us to start straight away and then cancel.
The material your site is built from. By ticking the box and paying you also confirm that Pink Cowz may use, on the site and in building and maintaining it, the material it was built from: the text on your Google Business listing and the photographs on it that you gave us yourself; your Instagram account and any other social media you or your representative named; your existing website; the photographs, menus, price lists and documents you or your representative gave us; and anything else listed on your intake. You confirm you have the right to give that permission for each source. This is a permission to use the material, and it is the licence in clause 11; where the material contains information about a person, our lawful basis for handling it is this contract and our legitimate interest in building what you asked for, and our Privacy Notice says so. If you want any of it taken down, tell us and we remove it as part of your membership.
Each change you ask for after going live is treated in the same way: a change you ask for and confirm is approved by you. If you spot an error at any time, tell us and we correct it.
5. What the service is
For the upfront and the monthly fee we:
- build a website for your business;
- host it and keep it online — there is no server, software, plugin or renewal for you to deal with;
- serve it on a Pink Cowz address from the moment you pay and on your own domain once it is connected (the Domain Terms explain domains);
- keep it working — security updates, fixes, and keeping it working as the web changes around it;
- make the changes you ask for, as your plan includes them (clause 7);
- check it at phone width as well as on a computer, because that is where most of your customers will see it; and
- put the notices your own law requires on it — the legal, privacy and accessibility pages described in clause 6 — from the details you give us.
What is not included: an online shop or taking payments from your customers; business email; search engine work, social media management or business systems; separate copywriting, photography or design; and advice about your own business's legal obligations. If a feature is not listed here it is not part of the service, however reasonable it sounds — ask us, and we will tell you whether we can do it and what, if anything, it costs, before anything is charged. What the law implies into every service contract, such as reasonable care and skill, is part of it whether or not it is written here.
You are buying a service, not a file. You do not receive the code or the files your website is made of (clause 11).
5A. How to reach us, and how fast we answer
- Email support@pinkcowz.com or use the change-request box in your portal. We answer on working days in England, normally within two working days, and we tell you when a change will be live before we start it.
- A site that has gone down is looked at as soon as we see it, at any hour we are awake, and we tell you what we found. Errors are recorded and reviewed every day.
- Your site is served by Vercel and its content is held with Supabase, both named in our Privacy Notice. We do not promise more than they promise us, and there is no uptime percentage in this contract (clause 14). Planned work that would take your site offline is done at night and you are told beforehand.
- A complaint is acknowledged within two working days and answered within ten (app.pinkcowz.com/legal/complaints).
This clause is a promise about answering. Clause 14 says what we promise about the site itself.
6. What we need from you
- Correct information. The facts about your business on your site come from you or from public sources about your business, and you are responsible for them being true. Tell us promptly when something changes, such as new opening hours or a new phone number.
- The right to use what you give us. Only send us photographs, logos, menus, videos, fonts or words you are allowed to use. If somebody else owns them, get their permission first. If a photograph shows a person, they must have agreed to appear on your website.
- An answer when we need one. If we ask something we cannot go on without, the work waits for your reply.
- A working email address. Formal notices go there (clause 21).
- The details your own law requires on your website. A business website must carry certain details about the business: in the United Kingdom a company's registered name, number and registered office; in Spain a legal notice with your name or company name, NIF, address and email, and registry details for a company (Ley 34/2002, article 10); in Poland your business name, address and identification numbers (ustawa o świadczeniu usług drogą elektroniczną, article 5); in the Netherlands your address, KvK number and btw-identificatienummer (Burgerlijk Wetboek article 3:15d). We put them on your site for you, together with a privacy page and an accessibility page, and we need you to give them to us and tell us when they change. What your business must display is yours to know; we tell you what we know.
- Your own legal duties. Your website is your shopfront. Any licence, registration, insurance or notice your business must have is yours to have, and you must follow the law that governs what you say to your own customers.
7. Changes to your site
There are two plans, and your plan decides how many changes are included. A sale in pounds or in euros is on Business. A sale in złoty starts on Starter. The payment page names your plan, and your portal shows which plan you are on.
- Business: every change you ask for is included. There is no monthly limit and no per-change charge. Ask in the editor in your portal, through the change-request box or by email, in your own words, with any photographs you want used. To keep the service safe, the editor makes a set number of AI changes for one site each day; a request past that number goes to our team, who make it for you, so nothing you ask for is refused because of how many changes you asked for.
- Starter: 10 AI changes a month are included. An AI change is a change you ask for in words in the editor in your portal and the AI makes for you. The count starts again at the beginning of each calendar month, and changes you do not use in a month do not carry over to the next. When the month's changes are used, the editor tells you, and you can wait for the next month or move to Business.
- You may move from Starter to Business at any time, from your portal. Every change is included from that moment. The Business fee in clause 9 is taken from your next monthly payment, on the same card and the same day of the month, and nothing is charged on the day you move.
Changes that are never counted. On either plan, changes we make ourselves for security, to keep the site working or because the law requires it, and the correction of a mistake of ours that you tell us about by email, are part of your membership and never count towards an allowance.
We make the change and show it to you as a draft before it replaces your live site, except changes we must make straight away for security, to keep the site working, or because the law requires it — those we make and then tell you about.
If we ever reduce what your plan includes, or introduce a charge for any kind of change, we will tell you in writing at least 30 days before it applies; everything you paid for stays as it was for you for at least 12 months from the day you paid; you may cancel before the change takes effect; and nothing beyond your plan is ever charged without being shown to you and agreed by you first. We will never take your site down or stop answering you because of how many changes you ask for.
8. AI, images and reviews
Your site's text, layout and some imagery are produced with AI tools, working from the facts gathered about your business and from what you tell us. Our process is designed so that factual claims come only from you or from sources about your business, and so that anything we cannot confirm is left out rather than invented. We never invent an award, a founding year, a number of customers or a qualification. You looked at the site before you paid; that look is your review of it, and you can ask for any correction at any time.
Images, in this order. (1) Photographs you give us. (2) Photographs from your own social media, where you agreed we may use them. (3) Photographs from your public listing, where you gave them to us yourself — never a photograph taken by a member of the public. (4) Images from our own library, which we generate ourselves: they show the kind of thing your business does, they are never presented as your premises, your food, your staff or your work, and on a site published in the European Union the footer says that some illustrations are generated.
Reviews. Where your site shows reviews, they are genuine reviews of your business from a named public source, shown as written, with the source named. Your site shows a selection: the most recent reviews of four stars or more, chosen by a rule and never by hand, and the page says where the full set can be read. We do not write, buy, invent or edit reviews, we do not remove one because you ask, and we will refuse any request to. Reviewers are people: a review shows only the reviewer's first name and initial, we read the reviews again from the source about once a month and take off your site any the source no longer shows, and if a reviewer asks us to remove their review or their name from your site we will, and we will tell you.
AI output is not guaranteed to be unique. We take reasonable steps to avoid reproducing anybody else's copyright material and we promptly replace anything shown to infringe.
9. Fees, currency and payment
Currency. Your sale is in one currency — pounds sterling, euros or Polish złoty — shown on the payment page before you pay. Your upfront, your monthly fee, your receipts and your invoices are all in that currency for as long as your membership runs; it never changes.
The upfront is agreed with you individually and shown on the payment page before you pay. It pays for the build of your site and your first month of service. It is not refundable — clause 4 is what stands in its place, and the Refund and Cancellation Policy sets out the exceptions in full: a charge we made in error, a promise an agent made that we cannot make true (clause 21), and a right the law gives you to change your mind (clause 20).
The monthly fee follows the currency of your sale and your plan (clause 7): £39 a month for a sale in pounds and €45 a month for a sale in euros, both on Business; for a sale in złoty, 99 zł a month on Starter, and 195 zł a month on Business from the first monthly payment after you move to it. It is the whole recurring price for the service in clause 5 on your plan, it starts one month after the day you pay, and it is charged to your card on the same day each month. It is the same for every client on the same plan in the same currency, and nobody can agree a different one with you.
Payment. All card payments are taken through Stripe. By paying you allow us to keep your card details with Stripe and to charge the monthly fee to that card each month; the words of that permission are on the payment page above the pay button. We never see or store your full card number. You can change your card in your portal. The charge appears on your card statement as PINK COWZ.
Paying in cash. You may pay the upfront in cash to one of our agents. The agent receives it for Pink Cowz Ltd, and your payment to the agent is your payment to us. The agent records the sale in our platform in front of you, you tick the box and confirm your card on the payment page (nothing is charged to it that day; it is for the monthly fee), and you receive our receipt for the cash amount by email, with a link to our invoice for it, marked as paid. Do not pay cash to anybody who will not record it in front of you. In Spain the law does not allow a business to pay or be paid one thousand euros or more in cash, so above that figure a Spanish sale is by card only.
Failed payments. If a monthly payment fails, we retry it and email you once a day for 10 days. If it has still not succeeded after that, your site stops being served and shows a holding page until payment is made. Nothing is deleted, and the site comes back as soon as a payment succeeds. Clause 12 covers what happens if payment is never made.
Invoices. Every card payment — the upfront and every monthly fee — produces an invoice as well as a receipt, carrying our company name, number and registered office. Tick "I'm purchasing as a business" on the payment page and give your business name and tax number, and the invoice carries them too. If your business is outside the United Kingdom, your monthly invoices also carry the line "Reverse charge / odwrotne obciążenie / inversión del sujeto pasivo / btw verlegd: the customer accounts for any tax due in their own country", which tells your accountant that any tax is accounted for by you in your own country; the invoice for your upfront is written before we know where you are, so it carries the same line prefaced with "For a business customer outside the United Kingdom:", which you can ignore if that is not you. Our invoices are the documents of a company in England, not invoices under your own country's invoicing rules, and your accountant books them as an invoice from a foreign supplier. If your accountant asks for proof that Pink Cowz Ltd is resident for tax in the United Kingdom, ask us and we send the current certificate. Your invoices can be downloaded from your portal.
Nothing is added by us today. The fees are the amounts stated and we add nothing to them. If the law later requires us to add a tax to the monthly fee or to an upfront for customers in the United Kingdom, we add it at the rate the law sets and show it separately on your invoice; we tell you in writing at least 30 days before the first payment that carries it, and you may cancel before it applies (clause 12). If your business is outside the United Kingdom, your own country may require you to account for tax on a service bought from a supplier abroad; that is yours to deal with, your invoice carries the line your accountant needs, and we do not advise on it.
10. Price changes and suspension
Price changes. We may change the monthly fee by giving you at least 30 days' written notice. A changed fee is only taken from your card after the notice period, and the notice tells you the new amount and the date. If you do not accept the new fee, cancel before that date and nothing more is charged; the old fee applies until your cancellation takes effect.
Suspension. We may take your site offline if payment has failed as clause 9 describes; while your bank is reversing a payment (clause 12); if your site or your instructions breach the Acceptable Use Policy and you have not put it right after we asked; or if we are required to by law, by a court or by a supplier we depend on. Where it is lawful and practical, we warn you first, and we restore the site promptly once the cause is resolved.
11. Who owns what
- You own your content. Your business name, logo, photographs, menus, the words you gave us and the facts about your business are and remain yours. You give us permission to use them to build, host, display and look after your site for as long as the contract runs, and to show your site as an example of our work unless you ask us not to.
- We own the site itself and the system that builds and runs it — the code, design, templates, components and build engine, including improvements made during the contract. You acquire no right in them. Where a right in them would otherwise arise in you, you give us an exclusive licence to it for all purposes and you agree to sign a transfer of it if we ask. Whether or not anybody owns a copyright in AI output, this contract decides who may use your site: while your membership is active, you may use it as your business's website in every ordinary way.
- The words about your business are yours to keep. The descriptions, headings and page text we wrote for your site about your business you may keep and reuse anywhere after you leave, free of charge.
- You own your domain. A domain bought through us is yours and goes with you if you leave (clause 13).
- You never receive the code as part of what you buy — not while you are with us and not when you leave. You may ask to buy a copy of the code when you leave, and we do not have to agree. If we do agree, we quote a one-off price at the time. There is no published price, no standing offer, and nothing in this contract obliges us to say yes.
12. Cancelling, ending and leaving
You can cancel at any time, with no minimum term, no notice period and no fee. Press the cancel button in your portal, or email support@pinkcowz.com. When you press cancel in your portal, we confirm it by email the same day, with the date it takes effect; when you email, a person confirms it by email within two working days. Your cancellation takes effect at the end of the month you have already paid for, and your site stays up until then. If a payment is taken after that date it is a charge in error and we refund it in full without being asked (Refund and Cancellation Policy, section 3). Cancelling stops future charges; it is not a refund.
We can end the contract:
- on at least 60 days' written notice, for any reason. You keep your site and your address for the whole 60 days, and we refund the unused part of any month you have paid for beyond the day the service stops; or
- straight away, if you seriously breach the contract and do not put it right within 14 days of us asking; if a payment is still unpaid 30 days after it first failed; if your site seriously or repeatedly breaches the Acceptable Use Policy; or if you gave us information you knew to be false. We then refund the unused part of the month you have paid for, unless your breach has cost us at least that much, in which case we keep it and tell you why.
If your bank reverses a payment (a chargeback) rather than you asking us, we treat that payment as unpaid from the day the bank takes it back, we may pause your site while the dispute is open, and a reversed upfront that stands ends your membership exactly as a full refund would. Please talk to us first; the Refund and Cancellation Policy says how.
Whoever ends it:
- your site stops being served and we stop hosting it;
- your domain stays yours — we release it to you or to whoever you name, at no charge, as the Domain Terms describe;
- your content comes back on request: ask within 12 months of leaving and we send you your photographs as the files you gave us, your words as plain text, and the information you gave us, at no charge. We keep a copy of your site and content for 12 months after you leave so that you can come back or ask for it; after that it is deleted, as our Privacy Notice says; and
- the site's code, design and build output stay ours (clause 11).
13. Domains
A domain bought through us is bought at what it costs us, with nothing added, and renewed on the same basis while we manage it; you are told the price before you buy and before each renewal. We buy it the moment you order it, in the name of Pink Cowz Ltd, and move the registration into your name as soon as you confirm your details in your portal. The domain is yours throughout. While the registration is in our name we hold it on trust for you and for nobody else: it is your asset and not ours, it is not available to our creditors, holding it is a step in buying it for you and not a claim on it, it is used for nothing else, and it goes with you if you leave whether or not it has moved yet. If the registry or registrar charges anything for moving it into your name, we pay that.
You may instead connect a domain you already own, at no extra charge. We only ever change the two records that point it at your site — an A record and a CNAME — and we never change your nameservers or touch your email records. The Domain Terms set all of this out in full.
14. What we promise, and what we do not
- We provide the service with reasonable care and skill.
- We use reasonable endeavours to keep your site available and to fix faults promptly. Your site runs on established third-party infrastructure (clause 5A names it); we do not guarantee it will never be unavailable and there is no uptime percentage in this contract. If it goes down, tell us and we work to restore it as quickly as we reasonably can.
- We do not promise search rankings, traffic, enquiries or revenue. A website helps; it does not guarantee business outcomes.
- We may change the tools and suppliers behind the service, provided what you receive is not materially reduced.
15. Liability
What we never limit. Nothing in this contract limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.
Subject to that:
- neither of us is liable to the other for loss of profit, revenue, business, contracts, anticipated savings or goodwill, for loss of data beyond the cost of restoring it from the copies we hold, or for any indirect or consequential loss;
- we are not liable for content you supplied or approved, or for your business's own compliance with the law; and
- our total liability to you, however it arises, is capped at the total fees you paid us in the 12 months before the event that gave rise to the claim, the upfront included, so the cap is never less than what you paid us to start (or, if the contract has run for less than 12 months, the fees paid so far).
We say plainly why: the monthly fee is small and the same for everyone, and it could not be if the risk on our side were unlimited. If your business needs a higher cap, tell us before you buy and we will say whether we can offer one. We carry no insurance behind this cap today; when we do, this clause will name the insurer. If you are in law a consumer, the cap is never less than everything you have paid us, and it does not limit any right the law gives you against us. If your business is in the Netherlands, the cap does not limit your right under Dutch law to dissolve the contract for our serious failure, or to recover what you paid for service you did not receive.
16. Your promise to us
You will compensate us for losses, claims and reasonable costs we incur because material you supplied or instructions you gave infringed somebody else's rights, were defamatory or were misleading — provided we followed your instructions and did not cause or worsen the problem ourselves. This clause survives the end of the contract.
17. Personal information
Ours. How we handle personal information about you and the people who work for you is in our Privacy Notice, where we are the controller.
Your customers'. Where your website or anything else we run for you handles personal information about your own customers, staff or visitors, you are the controller and we are your processor. The Data Processing Agreement at app.pinkcowz.com/legal/dpa is part of these terms and governs that processing; it contains the terms Article 28(3) of the UK GDPR and of the EU GDPR require, names the other companies we use in its annex (app.pinkcowz.com/legal/sub-processors), and you accept it with these terms. In short: we act only on your instructions, we keep it secure and confidential, we help you answer the people it is about, we tell you within 48 hours of becoming aware of a breach affecting it, and we return or delete it when your service ends.
Each of us complies with the data protection law that applies to it: the UK GDPR and the Data Protection Act 2018, and, where it applies, the EU General Data Protection Regulation.
18. Confidentiality
Neither of us will pass on the other's confidential information. We treat your customer lists, your figures and anything you tell us in confidence as confidential; you treat what we show you about how our system works the same way. This does not cover anything already public, anything either of us worked out independently, or anything the law requires to be disclosed.
19. Transfer
We may transfer this contract to another company that carries on the Pink Cowz business, or to a buyer of it, and we will tell you in writing. Your rights are not reduced by the transfer and the new company takes on our obligations in full. You may not transfer this contract without our written consent, which we will not unreasonably refuse — for example when you sell your business, in which case the account and the domain move with it once the new owner confirms who they are.
20. If you are a consumer, or a small business the law protects like one
Almost everybody who buys from us buys for their business, and these terms are written for businesses. But the law decides who is a consumer, not these terms, and in some countries it protects a small business as if it were one:
- If you are in law a consumer — an individual buying wholly or mainly outside your trade, business, craft or profession — the rights the law gives consumers apply to you, sit on top of these terms and win wherever the two conflict. In the United Kingdom that includes the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, under which you may cancel a contract made away from our premises within 14 days.
- If you run a sole-trader business in Poland (jednoosobowa działalność gospodarcza) and a website is not within the professional character of your business, Polish law gives you a consumer's protection against unfair terms (Kodeks cywilny article 385⁵) and the right to withdraw within 14 days from a contract made away from our premises or at a distance (ustawa o prawach konsumenta article 7aa). Those rights apply to you and win wherever they conflict with these terms.
- If your business is in Spain, Spanish law treats a self-employed person buying for their business as a business, not a consumer, but the law makes us prove that. If we cannot, or if you are in law a consumer, the rights in the Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios apply to you and win, including the right to withdraw within 14 days from a contract made away from our premises, or 30 days after an unrequested visit to your home.
- If your business is in the Netherlands, a court may give a small business the protection a consumer has against unfair standard terms (Burgerlijk Wetboek articles 6:236 and 6:237, by reflex) where a website is outside your own trade; where it does, that protection wins. If you are in law a consumer in the Netherlands, you have 14 days to withdraw from a contract made at your door.
The right to change your mind, and how we honour it. We give every customer the notice at app.pinkcowz.com/legal/cancellation before they pay — its address is in the email that carries the payment link, and again in the receipt — whether or not they are a consumer, because we do not ask an agent to decide that at a door. Where you have the right: you may cancel within 14 days of paying by any clear statement to us, and we refund every payment within 14 days of your telling us. By ticking the box you ask us to publish your website straight away, inside those 14 days, and you acknowledge that once your website is fully set up your right to cancel that setup ends; if you cancel before it is fully set up, you pay a fair amount for the work done, worked out against the price you agreed. A domain registered at your request is the one cost that cannot come back, because registries do not refund registrations. The monthly membership keeps its own right to cancel at any time.
Nothing in these terms asks you to give up a right the law does not let you give up. If you think you bought as a consumer and we have treated you as a business, email support@pinkcowz.com and we will put it right.
21. General
- What was said at your door. The documents in clause 2 are the whole agreement between us and replace anything said before, at your door, in an email or on a call. An agent cannot change these terms. But if an agent told you something about the service that made you buy and these documents do not say it, tell us within 14 days of paying: we will either make it true or, if we cannot, refund your upfront in full and end the contract. That is one of the exceptions to "the upfront is not refundable", and nothing here protects us from anything we or an agent told you dishonestly.
- Changes to these terms. We may change these terms by telling you at least 30 days before the change takes effect, by email and in your portal. If a change materially reduces the service or increases what you must do, you may cancel before it takes effect. Small corrections that change nothing for you — a typing error, an address, a supplier's name — are made without notice, and the date at the top of the page changes so you can see that something moved.
- Notices go by email: to the address on your account, and to support@pinkcowz.com for us. They are treated as received on the next working day in England.
- Electronic contracting. If you are a business, regulations 9(1) and 11(1) of the Electronic Commerce (EC Directive) Regulations 2002 do not apply to this contract.
- If a part does not work, the rest still stands, and the part that does not work is treated as changed by the least amount needed to make it work.
- Not enforcing something once does not mean giving it up.
- No partnership. Nothing here makes either of us the other's employee, partner or agent.
- Nobody else can enforce this contract, apart from a company it is transferred to under clause 19. The Contracts (Rights of Third Parties) Act 1999 does not apply to anybody else.
- Events outside our control. Neither of us is liable for delay or failure caused by events outside its reasonable control, provided it tells the other and works to resume. If that goes on for more than 30 days, either of us may end the contract and we refund anything paid for service not received.
22. Languages
These terms are published in English, Polish, Spanish and Dutch. Each text is the same contract, and you may rely on the one you were shown when you paid. If the texts ever seem to differ, the English text decides what was meant, except where the law of the country where your business is established says that the text in its language decides — as Polish law does for a consumer or a sole trader it protects like one — in which case that text decides for you.
23. Law and courts
This contract and any dispute about it are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If your business is in Scotland, Northern Ireland or outside the United Kingdom, you may also bring proceedings in the courts of the place where your business is established — in Poland, Spain or the Netherlands, the court of your seat — and we may bring proceedings against you there too. Nothing in this clause takes away a protection that the law of the country where your business is established gives you and that a contract cannot exclude.
24. The words we use
| Word | What it means here |
|---|---|
| Your site | The website we build, host and serve for you under this contract |
| The upfront | The one-off amount agreed with you and paid on the payment page or in cash to our agent |
| The monthly fee | The fixed recurring fee in clause 9, charged from one month after you pay |
| Your membership | The service in clause 5, for as long as the monthly fee is paid |
| Your plan | Starter or Business, as clause 7 describes. It decides how many changes are included and which monthly fee applies |
| An AI change | A change you ask for in words in the editor in your portal and the AI makes for you (clause 7) |
| Your content | Material specific to your business that you gave us or that the site was built from: your name, logo, photographs, menus, price lists, words and facts |
| Your site's words | The text we wrote for your site about your business, which you may keep (clause 11) |
| An agent | A self-employed salesperson selling for us. Not our employee |
| Your portal | The part of app.pinkcowz.com you sign into |