Definitions
1.1 In these terms and conditions:
“Advertisement” means any and all advertisements provided by the Advertiser to Pipe Media, including by means of the Application, for publication through the Application;
“Advertiser” means the person (natural or legal) identified as such in the Order Form;
“Advertiser Personal Data” means any Personal Data that is processed by Pipe Media on behalf of the Advertiser in relation to the Agreement;
“Advertising Services” means the online advertising and advertising management services provided by Pipe Media by means of the Application;
“Agreement” means the agreement set out in these terms and conditions and the Order Form, and any amendments to that agreement from time to time;
“Agreement Month” means a period of 1 month starting:
(a) on the Effective Date; or
(b) on the numerically corresponding day in a subsequent calendar month, (except that if there is no numerically corresponding day in the calendar month in which an Agreement Month is to start, the Agreement Month will start on the first day of the next calendar month);
“Application” means the Get Volunteering application published and maintained by Pipe Media;
“Charges” means the Paid Subscription charges and/or pay-as-you-go charges for the Advertising Services specified in the Order Form;
“Data Protection Laws” means all applicable laws relating to the processing of Personal Data;
“Effective Date” means the date of agreement of the Order Form;
“Force Majeure Event” means an event or events that is/are outside the reasonable control of the party affected;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models and rights in designs);
“Order Form” means the online order or registration form made available by Pipe Media to the Advertiser that identifies the Advertiser, specifies the applicable Charges or basis of charging, and is signed or otherwise agreed by or on behalf of each party;
“Paid Subscription” means an arrangement under which the Advertiser has agreed, via the Order Form, to pay periodic subscription Charges to Pipe Media with respect to the Advertising Services;
“Personal Data” means personal data within the meaning of all or any of the Data Protection Laws;
“Pipe Media” means Pipe Media Design Ltd, a company incorporated in England and Wales (registration number 08433296) having its registered office at 3 Brompton Gardens, Maldon, United Kingdom, CM9 6YU; and
“Term” means the term of the Agreement, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2.
2.1 The Agreement shall come into force upon the Effective Date.
2.2 The Agreement shall continue in force indefinitely, subject to termination in accordance with Clause 11 or any other provision of the Agreement.
3.1 Pipe Media hereby grants to the Advertiser a worldwide, non-exclusive licence to use the Advertising Services for the purposes of publishing Advertisements during the Term, subject to:
(a) payment of applicable Charges;
(b) the limitations specified in the Order Form;
(c) the Advertiser’s compliance with the terms and conditions published on the Application and governing the general use of the Application; and
(d) Clause 3.2.
3.2 Except to the extent expressly permitted in the Agreement or required by law on a non-excludable basis:
(a) the Advertiser must not license or sub-license its right to access and use the Advertising Services, or sell, resell, distribute, rent, lease or lend the Advertising Services;
(b) the Advertiser must not permit any unauthorised person to access or use the Advertising Services;
(c) the Advertiser must not conduct or request that any other person conduct any load testing or penetration testing on the Advertising Services;
(d) the Advertiser must not attempt to gain unauthorised access to the Advertising Services or any related systems or networks;
(e) the Advertiser must not copy the Advertising Services or any part, feature, function or user interface thereof; and
(f) the Advertiser must not reverse engineer, decompile, manipulate or access any source code or object code related to the Advertising Services.
3.3 The Advertiser shall use all reasonable endeavours, including reasonable security measures relating to Advertising Services access credentials, to ensure that no unauthorised person may gain access to the Advertising Services.
3.4 Pipe Media shall use reasonable endeavours to maintain the availability of the Advertising Services during the Term but does not guarantee 100% availability. In particular, the Advertiser acknowledges that the Advertising Services may be unavailable to the Advertiser as a result of:
(a) a fault or failure of the internet or any public telecommunications network;
(b) a fault or failure of the Advertiser’s computer systems or networks;
(c) a breach by the Advertiser of the Agreement;
(d) scheduled maintenance carried out by Pipe Media or its hosting infrastructure services provider; and/or
(e) a fault or failure of Pipe Media’s hosting infrastructure services provider,
and that Pipe Media shall not be in breach of the Agreement by virtue of any such unavailability or any unavailability arising out of any Force Majeure Event.
3.5 The Advertiser must not use the Advertising Services in any way that causes or may cause damage to the Advertising Services or impairment of the availability or accessibility of the Advertising Services.
3.6 The Advertiser must not use the Advertising Services:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.1 Subject to the payment of applicable Charges and any limitations specified in the Order Form, the Advertiser may using the Advertising Services, by uploading an Advertisement to the Application, request that such Advertisement be published through the Application. Pipe Media reserves the right to review such uploaded Advertisements before publication. If exercising this right, Pipe Media will usually complete such review within 72 hours following upload. Following any such review, Pipe Media may:
(a) request that the Advertiser makes changes to the Advertisement before publication; and/or
(b) decline to publish the Advertisement,
whether on the grounds that the Advertisement breaches the Agreement or breaches any guidelines for Advertisements published by Pipe Media through the Application. Pipe Media shall have no obligation to refund any Charges as a result of any such action.
4.2 The Advertiser hereby grants to Pipe Media a non-exclusive licence to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the Advertisements to the extent reasonably required for the performance of Pipe Media’s obligations and the exercise of Pipe Media’s rights under the Agreement, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers.
4.3 The Advertiser shall ensure that all Advertisements constitute bona fide advertisements for volunteering opportunities and are true, fair and accurate in all respects.
4.4 The Advertiser warrants to Pipe Media that the Advertisements:
(a) will not infringe the Intellectual Property Rights or other legal rights of any person;
(b) will not breach the provisions of any law, statute, regulation or applicable code of conduct (including the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code)); and
(c) will comply with the general rules applicable to user content on the Application.
4.5 Subject to the other provisions of the Agreement, Advertisements shall remain published through the Application for the relevant publication period specified by Pipe Media via the Application from time to time.
4.6 The Advertiser must keep all published Advertisements up to date using the Application interface.
4.7 The Advertiser must promptly delete or unpublish any Advertisement that has become out-of-date, including any Advertisement for a volunteering opportunity that has ceased to be available.
4.8 Without prejudice to Pipe Media’s other rights under the Agreement, Pipe Media may unpublish or delete any Advertisement that breaches the Agreement or that does not meet any additional guidelines for Advertisements published through the Application. Pipe Media shall have no obligation to refund any Charges as a result of any such action.
5.1 Nothing in the Agreement shall operate to assign or transfer any Intellectual Property Rights from Pipe Media to the Advertiser, or from the Advertiser to Pipe Media.
6.1 If the Advertiser has a Paid Subscription, then the Advertiser must pay:
(a) the Charges due with respect to the first Agreement Month, on the Effective Date; and
(b) the Charges due with respect to each subsequent Agreement Month, before the start of the relevant Agreement Month;
and the Advertiser acknowledges and agrees that Pipe Media may collect the Charges on or before their due date, by means of a recurring debit or credit card payment or direct debit.
6.2 Unless Clause 6.1 applies, the Advertiser must pay the applicable pay-as-you-go Charges with respect to each request to publish an Advertisement through the Application.
6.3 All amounts stated in or in relation to the Agreement are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the Advertiser to Pipe Media.
6.4 Pipe Media may elect to vary:
(a) Paid Subscription Charges applicable from the start of the next Agreement Month; and/or
(b) any pay-as-you-go Charges,
by giving to the Advertiser prior written notice of the variation.
6.5 Pipe Media may suspend the provision of any or all of the Advertising Services if any amount due to be paid by the Advertiser to Pipe Media under the Agreement is overdue.
7.1 The Advertiser shall ensure that it publishes and makes available to data subjects appropriate privacy notices, ensuring compliance with the information requirements of the Data Protection Laws, with respect to the processing of the Advertiser Personal Data.
7.2 The parties acknowledge that the only Personal Data to be processed by Pipe Media on behalf of the Advertiser with respect to the Agreement shall be the Personal Data of individuals submitting Advertiser contact forms published by means of the Application in response to Advertisements, such Personal Data being the submitted form contents.
7.3 Pipe Media shall only process the Advertiser Personal Data for the purposes of providing the Advertising Services and performing its other obligations under the Agreement.
7.4 Pipe Media shall only process the Advertiser Personal Data during the Term and for not more than 3 months following the end of the Term. Pipe Media shall delete all of the Advertiser Personal Data from its computer systems and storage media after the end of this period, save to the extent that applicable law requires storage of the relevant Personal Data.
7.5 Pipe Media shall only process the Advertiser Personal Data on the documented instructions of the Advertiser (including with regard to transfers of the Advertiser Personal Data to any place outside the United Kingdom and the European Economic Area), as set out in the Agreement or any other document agreed by the parties in writing.
7.6 Notwithstanding any other provision of the Agreement, Pipe Media may process the Advertiser Personal Data if and to the extent that Pipe Media is required to do so by applicable law. In such a case, Pipe Media shall inform the Advertiser of the legal requirement before processing, unless that law prohibits such information.
7.7 Pipe Media shall ensure that persons authorised to process the Advertiser Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
7.8 Pipe Media shall implement appropriate technical and organisational measures to ensure an appropriate level of security for the Advertiser Personal Data.
7.9 Pipe Media must not engage any third party to process the Advertiser Personal Data without the written authorisation of the Advertiser. Pipe Media is hereby authorised by the Advertiser, as at the Effective Date, to engage those third parties identified in, or falling within the processor categories specified in, set out on the Pipe Media website from time to time. Pipe Media shall inform the Advertiser at least 7 days in advance of any intended changes concerning the addition or replacement of any third party processor, and if the Advertiser objects to any such changes before their implementation, then the Advertiser may terminate the Agreement immediately by giving written notice of termination to Pipe Media before the expiry of the 7 day notice period. Pipe Media shall ensure that each third party processor is subject to equivalent legal obligations to those imposed on Pipe Media by this Clause 7. The Advertiser hereby consents to the appointment of third party processors of Advertiser Personal Data with respect to the following services, and to transfers of that Advertiser Personal Data to the following jurisdictions outside the UK and EEA:
(a) Hosting services (Nimbus Hosting Limited); and
(b) Email services (AC PM LLC trading as Postmark; data may be transferred to USA).
7.10 Pipe Media shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organisational measures to assist the Advertiser with the fulfilment of the Advertiser’s obligation to respond to requests exercising a data subject’s rights under the Data Protection Laws.
7.11 Pipe Media shall assist the Advertiser in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws.
7.12 Pipe Media shall make available to the Advertiser all information necessary to demonstrate the compliance of Pipe Media with its obligations under the Data Protection Laws.
7.13 Pipe Media shall allow for and contribute to audits, including inspections, conducted by the Advertiser or another auditor mandated by the Advertiser in respect of the compliance of Pipe Media’s processing of Advertiser Personal Data with the Data Protection Laws and this Clause 7. Pipe Media may charge the Advertiser at its standard time and materials rates for any work performed under this Clause 7.13 at the request of the Advertiser.
8.1 Each party warrants to the other that it has the legal right and authority to enter into the Agreement and to perform its obligations under the Agreement.
8.2 All of the parties’ warranties and representations in respect of the subject matter of the Agreement are expressly set out in the Agreement. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
8.3 The Advertiser hereby indemnifies Pipe Media, and undertakes to keep Pipe Media indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by Pipe Media and arising directly or indirectly out of the content of the Advertisements, the Advertiser’s use of the Advertising Services, or any breach by the Advertiser of any provision of the Agreement.
9.1 The Advertiser acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of the Agreement, Pipe Media gives no warranty or representation that the Advertising Services will be wholly free from defects, errors and bugs.
9.2 The Advertiser acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of the Agreement, Pipe Media gives no warranty or representation that the Advertising Services will be entirely secure.
9.3 Pipe Media does not warrant or represent that the Advertising Services will be compatible with any particular formats, software or systems.
10.1 Nothing in the Agreement will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in the Agreement:
(a) are subject to Clause 10.1; and
(b) govern all liabilities arising under the Agreement or relating to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
10.3 Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event.
10.4 Neither party shall be liable to the other party in respect of any special, indirect or consequential loss or damage.
10.5 The liability of Pipe Media to the Advertiser under the Agreement with respect to any event or series of related events shall not exceed the greater of:
(a) GBP 100; and
(b) the total amount paid and payable by the Advertiser to Pipe Media under the Agreement in the 12-month period preceding the commencement of the event or events.
10.6 The aggregate liability of Pipe Media to the Advertiser under the Agreement shall not, in any event, exceed GBP 1,000.
11.1 If the Advertiser has a Paid Subscription:
(a) the Advertiser may terminate the Agreement at the start of an Agreement Month using the Application interface at any time before the Charges for that Agreement Month are paid to or collected by Pipe Media; and
(b) Pipe Media may terminate the Agreement at the start of any Agreement Month by giving to the Advertiser written notice of such termination before collection of the Charges applicable to that Agreement Month.
11.2 Unless Clause 11.1 applies, either party may terminate the Agreement at any time by giving to the other party written notice of termination.
11.3 Either party may terminate the Agreement immediately by giving written notice of termination to the other party if the other party commits any breach of the Agreement.
12.1 Upon the termination of the Agreement, all of the provisions of the Agreement shall cease to have effect, save that the following provisions of the Agreement shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 7, 8.3, 10, 12 and 13.
12.2 Except to the extent that the Agreement expressly provides otherwise, the termination of the Agreement shall not affect the accrued rights of either party.
12.3 If Pipe Media terminates the Agreement under Clause 11.2, any pay-as-you-go Advertisements shall remain published for the applicable publication period, subject to the other terms of the Agreement.
12.4 Subject only to Clause 12.3, the Advertiser’s rights to use the Advertising Services shall immediately cease upon the termination of the Agreement.
12.5 In no circumstances will the Advertiser be entitled to any refund of Charges on the termination of the Agreement.
13.1 No breach of any provision of the Agreement will be waived except with the express written consent of the party not in breach. No waiver of any breach of any provision of the Agreement shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of the Agreement.
13.2 If a provision of the Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of the Agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13.3 The Agreement is for the benefit of the parties and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under the Agreement is not subject to the consent of any third party.
13.4 The Agreement may be varied by means of a written document signed by or on behalf of each party. In addition, Pipe Media may vary the Agreement from the start of any Agreement Month by giving to the Advertiser prior written notice of the proposed variation.
13.5 The Agreement shall constitute the entire agreement between the parties in relation to Advertising Services, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of the Advertising Services. Neither party will have any remedy in respect of any misrepresentation (whether written or oral) made to it upon which it relied in entering into the Agreement. The provisions of this Clause 13.5 are subject to Clause 10.1.
13.6 The Agreement shall be governed by and construed in accordance with English law.
13.7 Any disputes relating to the Agreement shall be subject to the exclusive jurisdiction of the courts of England.
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