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Terms & Conditions
Website Terms
| Company
Terms
Website Terms
The following Terms and Conditions apply
to the use of the Touch Marketing & Design
website –
http://www.touchmarketing.co.uk.
Intellectual Property
This website is owned and operated by Touch
Marketing & Design. The design, images, and
content of this website are owned by Touch
Marketing & Design and/or their partners,
and are protected by intellectual property
law.
You are permitted to view the content of
this website on screen. You are also
permitted to print or download extracts to
your hard disk for your own private and
domestic use, unless otherwise stated.
However, you must not use any part of this
website for any commercial purpose or on any
other website without prior expressed
permission.
Copyright © Touch Marketing Ltd. All rights
reserved.
The Use of This Site
By using this site visitors agree to use it
only for lawful purposes. Visitors agree not
to bring or use on our website any viruses
or any activity which may damage, interfere
with, intercept or expropriate any system,
data or personal information.
By agreeing to these Terms and Conditions
visitors agree that they will at all times
use the website with common sense and care.
Touch Marketing & Design reserve the right
to alter these Terms and Conditions as
required. By continuing to use this website
it is implied that visitors accept the Terms
and Conditions / Privacy Statement contained
herein.
Content
The information contained within this
website is for informative purposes only and
is provided to visitors without charge.
Whilst every reasonable attempt has been
made to ensure that the content is accurate
and up-to-date, Touch Marketing & Design
cannot be held responsible for it’s
accuracy, or that it is free from error. Nor
can any liability be accepted for any
direct, indirect, incidental or
consequential damage resulting from the use
of this site.
Data Protection
We are committed to protecting visitors
whilst visiting
http://www.touchmarketing.co.uk
and it is possible to use this website
without disclosing any personal data. The
site does not facilitate communication
between visitors or allows the posting of
any information that can be accessed by
others. When visiting this site, Touch
Marketing & Design collects information
regarding visitors to our website – we track
which pages are accessed and when they are
accessed.
We also use information provided by each
visitor’s internet service provider which
enables us to track usage behaviour and
compile data that will allow the continual
improvement of this website. Visitors are
not identifiable at any stage of this
process.
This website uses email forms to enable
visitors to request information on the
products and services we offer. We only
request information that enables us to serve
our customers and do not request data that
is not relevant. We make visitors' contact
information mandatory (eg. name and email
and/or telephone number) and this allows us
to respond to visitor’s requests.
Any other information provided such as
company name, number of employees for
example, is used solely to assist in
visitor’s enquiries. Any information
provided is used to process the request(s)
visitors have made and is never shared with
any third parties.
Visitors should be assured that we control
all data strictly in accordance with the
Data Protection Act 1998. And as such, we
hold data accurately, securely and only for
as long as necessary, and those who submit
data have a legal right to a copy of all the
information held by Touch Marketing & Design
(please note that an administration fee may
be applicable for this service up to a
maximum as set by law). You also have a
right to correct any errors that may be
present in that information.
External Links
Touch Marketing & Design may offer links to
other websites via this site but does not
endorse any other companies or offer any
guarantees or accept any responsibility for
any content or service(s) offered via such
websites.
These links, if offered, are offered purely
as a service and visitors should consider
the Terms and Conditions of any other
external website(s) that the Touch Marketing
& Design site links to.
Further Information
If you have any questions about any aspect
of the Touch Marketing & Design website,
need further information about how to use
it, or if you no longer wish to receive the
information that you have asked for, please
contact us and your enquiry will be dealt
with.
Company Terms
All services that Touch Marketing Ltd are
contracted to provide or produce are subject
to our terms of business. To follow are our
standard terms for reference, however when
becoming a client of Touch Marketing &
Design, you will receive a copy of these
terms, specifically relating to your
project(s).
This Agreement
These Terms shall apply to all work in which
we are engaged by you and should be read in
conjunction with other proposals, quotations
or similar communications (including
emails). Where these terms differ from
specific terms outlined in any other
communications, the latter will apply. By
agreeing to, by sending us instructions or
by allowing us to start work on your
project, you shall be deemed to have
accepted these Terms of Business. Each
project in which we perform services or
provide products may, at our option, be
treated as a separate contract between the
two parties.
Any agreed variation to these Terms must be
confirmed in writing by us to you in order
to be effective. Any decision by us not to
enforce any of these Terms shall not
prejudice our rights under these Terms at
any time. Every contract between us shall be
governed by and construed in accordance with
English law. If any issue or dispute arises
between us relating to your matter (whether
in contract or in tort), the English Courts
shall have exclusive jurisdiction to
determine such issue or dispute. This
agreement is our entire understanding and
may not be modified in any respect except in
an executed agreement.
Estimates / Quotations
If requested to do, we may provide an
‘estimate’ and this is an indication of our
likely charges for carrying out a particular
project. Our estimate is based on the
information available to us at the time the
estimate is given and is subject to
revision. It does not amount to a
contractual commitment on our part to
complete the work for the amount stated
within the estimate. We will advise the
CLIENT at our earliest opportunity if it
becomes apparent that our charges are likely
to exceed the given estimate. Estimates are
valid strictly for 14 days from date of
estimate.
If we provide a ‘quotation’, this is a
proposal by us to carry out all or part of a
project as stated for an agreed charge and
if that proposal is accepted, then it
becomes a contractual commitment on our
part. If by arrangement with you, we carry
out work in excess of that specified, our
charges for that additional work will be
charged in addition to the quoted fee at our
set applicable hourly rates for that
particular type of work. Quotations are
valid strictly for 14 days from date of
estimate.
Fees / Working and Invoicing Phases
For each project, TOUCH MARKETING will
provide an estimate or a quotation outlining
the project specifications and
working/invoicing phases. Each
estimate/quotation will include anticipated
fees for services provided and separate
itemised costs for any anticipated expenses.
TOUCH MARKETING will begin work upon
CLIENT’S approval of the written estimate.
The approval (either written or oral) will
constitute an agreement between TOUCH
MARKETING and CLIENT. Planning the work,
cost estimating and invoicing in several
phases permits TOUCH MARKETING or CLIENT to
adjust for such revisions/or halt work
before completion if a project is postponed
or cancelled. Any cancelled project is
invoiced only through phases and/or portions
of phases that have actually been completed.
We recognise that in certain circumstances,
you may wish to pre-budget for fees and in
those circumstances we are willing to
discuss a fixed charge for the entire
project from the outset. If we agree on a
fixed charge, we will set out the extent of
the work which will be undertaken for the
fee(s) quoted.
Payment
The CLIENT agrees to pay TOUCH MARKETING
in accordance with the terms specified in
each estimate/quotation or other
communications (including emails). In
certain instances, TOUCH MARKETING reserve
the right to request that 50% of the project
cost be paid before work begins. Unless
otherwise specified, all invoices are
payable strictly within 30 days of the date
of invoice although new clients may be
requested to pay their first invoice on
presentation before goods/services are
released. We reserve the right to refuse
completion or delivery of work until past
due balances are paid. If we incur expenses
when collecting our invoices, we will be
entitled to reasonable fees, court costs and
interest at the maximum rate permitted by
law. All materials or property belonging to
the CLIENT, as well as work performed on the
CLIENT’s behalf may be retained as security
until all just claims against the CLIENT are
satisfied.
Expenses
Expenses are payable when incurred in
the process of carrying out work on behalf
of the CLIENT. Any out-of-pocket expenses
reasonably incurred in the performance of
duties will be itemised on each invoice.
Receipts and/or documentation relating to
expenses can be provided, however a request
for such, must be made before any expenses
are incurred. Vehicle mileage is charged at
£0.40 (forty pence) per mile and all other
traveling expenses (eg. parking) are
chargeable at cost.
Fees for our services do not include
additional purchases as dictated by the
project such as (but not limited to)
printing, colour printouts, laminating,
illustrations, separations, photography,
shipping/handling or courier services and if
applicable, these services are charged at
cost.
Acceptance
The CLIENT shall be deemed to have
accepted the work as being completed in line
with the initial estimate/quotation or other
agreement and shall be bound to pay unless
written notice of rejection is received by
TOUCH MARKETING with 7 (seven) days of
completion.
Term and Termination
The term of this agreement will continue
for work in progress until completed or
terminated by either party upon 30 (thirty)
days written notice. If the CLIENT directs
TOUCH MARKETING at any time to cancel,
terminate or “put on hold” any previously
authorised work or purchase(s), we will
promptly do so, provided TOUCH MARKETING are
held harmless for any cost incurred as a
result. Upon termination of this agreement,
TOUCH MARKETING will transfer to CLIENT all
property and materials in our control and
for which the CLIENT has paid.
The CLIENT will indemnify and hold TOUCH
MARKETING harmless for any loss or expense
(including any fees), and agree to defend
TOUCH MARKETING in any actual suit, claim or
action arising in any way from our working
relationship.
Revisions and Alterations
New work requested by CLIENT and
performed by TOUCH MARKETING after a
estimate/quotation or similar has been
approved and/or is undertaken, is considered
a revision or alteration. If the job changes
to an extent that substantially alters the
specifications described in the original
estimate/quotation, a revised
estimate/quotation will then be submitted by
TOUCH MARKETING. Additional fees must be
agreed by both parties before any further
work proceeds. CLIENT alterations and other
changes requested after final artwork,
layouts or mechanicals are completed will be
invoiced at standard hourly rates. CLIENT
requested changes will be invoiced
additionally and the CLIENT will be notified
of any price changes or additional costs in
advance of such work commencing.
Nature of Content / Copy
The CLIENT must exercise due diligence
in its direction to TOUCH MARKETING
regarding preparation of materials and must
be able to substantiate all claims and
representations. The CLIENT is responsible
for all trademark, servicemark, copyright
and patent infringement clearances. The
CLIENT is also responsible for arranging,
prior to publication, any necessary legal
clearance of materials we prepare and TOUCH
MARKETING cannot be held responsible for any
infringement.
Production Schedules
Specific production schedules can be
provided if required and will be adhered to
by both CLIENT and TOUCH MARKETING, provided
that neither shall incur any liability,
penalty or additional cost due to delays
caused by a state of war, riot, civil
disorder, fire, labour trouble or strike,
accidents, energy failure, equipment
breakdown, delays in shipment by suppliers
or carriers, action of government or civil
authority, and acts of God or other causes
beyond the control of the CLIENT or TOUCH
MARKETING. Where production schedules are
not adhered to by the CLIENT, the final
delivery date or dates will be adjusted
accordingly.
The Sign Off Process
Every care is taken to ensure that all
details, colours, sizes, spelling, grammar
and other details are correct. However, the
CLIENT is responsible for checking final
proofs carefully for accuracy in every
respect and TOUCH MARKETING cannot be held
responsible for any errors, omissions or
discrepancies once the item(s) has been
approved.
The signature of the CLIENT or that of their
authorised representative is required on all
mechanicals or artwork samples prior to
release for printing or other final
implementation. CLIENT alterations and
additional proofs required thereof shall be
charged extra.
Property / Supplier’s Performance
TOUCH MARKETING will take all reasonable
precautions to safeguard the property
entrusted to us and/or work carried out by
us on behalf of the CLIENT. In the absence
of negligence on our part, however, we
cannot be held responsible for loss,
destruction or damage or unauthorised use by
others of such property.
We will use our best efforts to ensure
quality and timely delivery of all printed
or otherwise reproduced pieces. Although we
will endeavour to guard against any loss
through the failure of vendors, media
outlets, or others to perform in accordance
with their commitments, TOUCH MARKETING
cannot be held responsible for failure on
their part.
If the CLIENT decides to select their own
vendors, rather than those appointed by us,
where possible and as requested, we will
attempt to co-ordinate their work. However,
we cannot in anyway be held responsible for
quality, price, delivery or general
performance and an additional fee may apply
for providing this service.
Over-Runs and Under-Runs
The CLIENT will accept over-runs or
under-runs that do not exceed 10% (ten per
cent) of the quantity ordered on all jobs.
TOUCH MARKETING will invoice for the
quantity delivered within this tolerance. If
the CLIENT requires a guaranteed quantity,
the percentage of tolerance must be stated
at the time of quotation.
Rights of Ownership
Once a project has been delivered and is
fully paid for by CLIENT, TOUCH MARKETING
will assign the reproduction rights of the
design for the use(s) as described in the
proposal. The rights to all design and art
work, including but not limited to
photography and or illustration created
either by TOUCH MARKETING or by independent
or retained photographers or illustrators,
or purchased from a stock agency on behalf
of the CLIENT, remain with the individual
designer, artist, photographer or
illustrator. Unless a purchase of “All
Rights” is negotiated and agreed with TOUCH
MARKETING, you may not use or reproduce the
design or the images therein for a purpose
other than the one(s) originally stipulated.
If the CLIENT wishes to use the design
created and/or the images within it for any
purpose or project, the transfer of rights
must be agreed and any additional fees that
may apply must be paid before proceeding. If
printing or other implementation is done
through the CLIENT’S vendors, you agree to
return to us all original mechanicals and
artwork (slides, prints, drawings,
separations, etc. as applicable) within 2
(two) weeks, and to provide printed samples
of each project. Upon request, copyright
transfer and ownership confirmation
documents can be provided.
TOUCH MARKETING reserve the right to use,
distribute or publish any work created for
the CLIENT, as promotional samples for our
portfolio, brochures, slide presentations
and similar promotional media. We agree to
store computer disks containing the work for
a period of 6 (six) months beyond the
delivery of a project. Thereupon, we reserve
the right to discard them unless
specifically requested not to do so.
Telecommunications
TOUCH MARKETING are not responsible for
any errors, omissions or extra costs that
result from faults in the telephone, cable,
satellite network or from incompatibility
between the sending and receiving equipment.
Where applicable, CLIENT shall pay for
transmission(s) charges.
Further Information
For further information on any aspect of
our terms of business or for clarification
on any part of your project, please
contact
us. |
