Terms of Service

1. Who we are

Pinky Promise Ltd (“Pinky Promise”, “we”, “us” or “our”) is a digital marketing consultancy registered in England and Wales. Our services include digital strategy, advertising support, search optimisation, social media, content, web services, branding, lead generation and online reputation consultancy. Contact: info@pinkypromisedigital.com.

2. The agreement

An engagement begins when you accept a written proposal, statement of work or quotation, or when we otherwise confirm acceptance in writing. The agreement consists of that document, these terms and the Privacy Policy. The project document takes priority if there is a direct conflict about scope, price, schedule or deliverables. A person accepting on behalf of an organisation confirms that they have authority to bind it.

3. Services and changes

We will provide the services with reasonable care and skill and in line with the agreed brief. Estimates and target dates depend on timely access, information and approvals from you. A request outside the agreed scope may require a revised fee or schedule. We will obtain written approval before carrying out chargeable additional work.

4. Your responsibilities

You will provide accurate information, lawful materials, suitable access and timely decisions. You remain responsible for final approval of claims, offers, prices, regulated statements and published content about your organisation. You confirm that you own, license or otherwise have permission to use every logo, image, database, testimonial and other item you provide to us. You must keep account credentials secure and tell us promptly about suspected unauthorised access.

5. Ethical work and third-party platforms

We do not fabricate or purchase reviews, impersonate customers, suppress legitimate criticism through deception, or promise conduct that breaches a platform’s rules. Search engines, advertising networks, social platforms, review sites and other third parties control their own systems and may change, suspend or reject content or accounts. Their fees and terms are separate from ours unless the proposal expressly says otherwise.

6. Results

We apply professional judgement and evidence-led methods, but marketing outcomes cannot be guaranteed. Rankings, reach, leads, sales, advertising costs and reputation metrics are affected by competition, platform decisions, market conditions, customer behaviour, budgets and your own products or operations. Forecasts, examples and past results are illustrations, not promises of a particular return.

7. Fees, invoices and payment

Fees, currency, taxes, deposits, milestones and due dates appear in the accepted proposal or invoice. Unless stated otherwise, invoices are payable within 14 calendar days. Third-party media spend, software, stock assets, printing and similar costs are excluded unless expressly included. We may pause work on written notice while an undisputed invoice remains overdue. You must raise a genuine invoice query promptly and continue paying any part that is not disputed.

Payments must be authorised by the account holder. You agree to contact us first about an apparent billing error so we have a fair opportunity to investigate. Nothing in these terms removes a right that cannot lawfully be excluded.

8. Intellectual property

You retain ownership of materials you supply. Once all fees for the relevant work are paid, you receive the ownership or usage rights in final deliverables stated in the proposal. Unless expressly assigned in writing, Pinky Promise and its licensors retain all rights in pre-existing materials, working files, rejected concepts, templates, methods, software, processes and general know-how. Any third-party asset remains subject to its own licence.

We will not identify you as a client or publish your work, name, logo or results as a case study without permission.

9. Confidentiality and data protection

Each party will protect the other’s confidential information, use it only for the engagement and disclose it only to people who need it and are under suitable duties of confidence. This does not cover information already lawfully public, independently developed or required to be disclosed by law. We handle personal information as described in our Privacy Policy. If an engagement requires us to process personal data on your behalf, we will agree any additional data-processing terms required by law.

10. Suspension and termination

Either party may end an ongoing service by giving 30 days’ written notice unless the proposal states another period. Either party may terminate immediately for a serious breach that is not remedied within 14 days after written notice, insolvency, unlawful instructions or conduct that creates a material legal, security or reputational risk. We may suspend affected work while a serious breach or security concern is investigated.

On termination, you must pay for work completed, time reasonably committed and approved non-cancellable third-party costs. We will provide completed paid-for deliverables and reasonably cooperate with an orderly handover. Clauses intended to continue—including payment, confidentiality, intellectual property and liability—remain effective.

11. Liability

Nothing limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that the law does not allow to be limited. Subject to that, neither party is liable for an indirect or consequential loss. Pinky Promise is not responsible for loss caused by inaccurate client information, unauthorised client changes, third-party platform action or a failure by the client to follow written advice.

For business clients, our total liability arising from an engagement will not exceed the fees paid or payable to us for the services giving rise to the claim during the six months before the event concerned. This limit does not reduce any mandatory consumer right.

12. Events outside reasonable control

Neither party is responsible for delay caused by an event it could not reasonably control, provided it gives notice and takes reasonable steps to reduce the effect. Payment obligations for work already supplied are not excused.

13. Consumers

Our services are primarily offered to businesses. If you contract with us as an individual wholly or mainly outside your trade or profession, mandatory consumer rights apply in addition to these terms. In particular, distance contracts may carry a 14-day cancellation right. If you expressly ask us to begin during that period, you may have to pay a proportionate amount for work supplied before cancellation; once a service has been fully performed following the required request and acknowledgement, the cancellation right may end.

14. Complaints and disputes

Please email info@pinkypromisedigital.com with the project reference, the issue and the outcome you seek. We will acknowledge the complaint and aim to provide a considered written response within 10 business days. The parties will first try in good faith to resolve a dispute through direct discussion before starting court proceedings.

15. General terms

Neither party may transfer the agreement without the other’s written consent, except as part of a genuine business sale or reorganisation. A delay in enforcing a right is not a waiver. If a provision is unenforceable, the remaining provisions continue. No person other than the parties has a right to enforce the agreement. Notices relating to the engagement may be sent to the email addresses used for the project.

16. Governing law

The agreement and any non-contractual dispute are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction for business-to-business engagements. A consumer may also have the right to bring proceedings in the part of the United Kingdom where they live.