Terms and Conditions

This website, www.touchlogic.co.uk, is owned and operated by Net Publications Ltd. The term ‘Touch Logic’ or ‘Net Publications Ltd’ or ‘us’ or ‘we’ refers to the owner of this website. Our registered office is 3 Kingsmead Terrace, Bath BA1 1UX and our company registration number is 5746321.

Definitions:

1.    A ‘Project’ and ‘Services’ is any work undertaken or service provided by Net Publications Ltd for the Client on their request.
2.    ‘You’ or ‘Client,’ is a person, persons, business or organisation using any of the services provided by Net Publications Ltd.
3.    ‘We’ or ‘us’, means Net Publications Ltd.
4.    ‘Live’ mode means the date the website is available on the Client’s chosen domain.
5.    ‘Domain’ is the website address as specified by the Client.
6.    ‘Hosting’ is a monthly cost to keep a Client’s website activated online.
7.    ‘Content’ is both text and images that the Client requires on the website.
8.    ‘mb’ stands for megabytes and is a measure of storage space.

General

1.    The contract between Net Publications Ltd and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2.    The works to be carried out shall be as set out in the Net Publications Ltd invoice.
Legalities, Copyright and Intellectual Property
1.    Net Publications Ltd shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the Client. Net Publications Ltd reserves the right to remove any website from its servers if it has reason to believe that it is operating illegally.
2.    Where images used on the website have been purchased by Net Publications Ltd on behalf of the Client, these images are restricted by license for use on the website. Net Publications Ltd is not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
3.    Net Publications Ltd makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
4.    Net Publications Ltd cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a service offered by Net Publications Ltd.
5.    Net Publications Ltd does not take any responsibility for a Client’s website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a Client’s website, there could be a change in the website’s search engine ranking.
6.    All content on this website, www.touchlogic.co.uk, is protected by copyright and may not be reproduced without first gaining written permission from Net Publications Ltd.

Payment

1.    We charge for the design and development of websites at various stages. Before we start work, a 50% deposit of the total sum due is payable (the deposit). The final 50% is payable when the website is complete and ready to go ‘Live’ (final payment). Your website will only be switched to ‘Live’ mode when it has been paid for in full. The initial deposit payment is non-refundable after Net Publications Ltd has committed resource or completed research and/or design work on the Client’s behalf.
2.    We accept BACS, PayPal and cheques as payment. If paying by cheque, please understand that we will have to allow the cheque to clear the banking system before starting or continuing with your project.
3.    Net Publications Ltd owns all design and code of the website until final payment has been received in full.
4.    For some of our services we charge a monthly fee. This charge starts on the day that you sign up to our service and is paid in advance. If you no longer wish to use our service you can cancel at any time, but any money paid for time not used will not be returned unless we are at fault.
Communication
1.    Email and/or Skype is our primary method of contact with regard to all communication for your website’s design and development. If you have any problems with the design or development of your website that we are unable to resolve by email, you can contact our telephone support service during UK office hours on 01225 435345.
2.    It is the Client’s responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
3.    It is important for the Client to keep in contact with Net Publications Ltd throughout the entire project. If a Client does not make contact for more than 2 weeks, we will make up to 5 attempts to contact the Client by email using the email address for the Client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the Client wishes to postpone the project for a period of longer than 2 weeks, please contact us. Otherwise the project may be archived. We reserve the right to levy a £50 administration fee if the Client returns after an unapproved postponement where the time since last contact is less than 6 months and wishes to continue work on their project.
4.    If a Client returns from an unapproved postponement and the last contact is more than 6 months, we shall need to provide a new quotation for the project and your original deposit will be non refundable or transferable.

Website Design and Development

1.    Design is subjective, and for this reason we offer unlimited design revisions. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the Client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
2.    Net Publications Ltd will provide the Client with an expected completion time frame for the project (live on the internet) if requested.
3.    Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the Client’s website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by us is still passed to the Client upon final payment.
4.    If you choose our Ecommerce package we will link your website with PayPal or Google Checkout, both of which allow you to accept transactions using most major debit and credit cards. If you wish to use an alternative payment gateway, this will incur an additional charge. Please contact us to discuss this.
5.    We reserve the right at any time to outsource work to freelance website designers and developers working for us in various parts of the world, as well as here in the UK.

Logo Design

1.    Logo design is subjective, and for this reason we offer unlimited design revisions. This means that we will continue to work with you on your logo design concept until you are happy with our proposal. The unlimited design revision period ends when the Client accepts the design proposal. Logo design changes beyond this point are subject to additional charges.
2.    We reserve the right at any time to outsource work to freelance graphic designers working for us in various parts of the world, as well as here in the UK.

Hosting

Where Net Publications Ltd is to provide website hosting services to the Client:
1.    Net Publications Ltd will host the website if the Client requires us to do so and on receipt of full payment of our hosting fees.
2.    We will make available to the Client hosting capacity on a shared server which meets the Client’s requirements in all material respects. In doing so, Net Publications Ltd will provide a reliable and professional service to the Client at all times, excluding unavoidable technical failures.
3.    Use of hosting resources by the Client is subject to such use being reasonable; any excessive use (as determined by us) will be deemed to be in breach of these Conditions.
4.    Net Publications Ltd may determine that a Client is using server resources to such an extent that the Client risks jeopardizing server performance and resources for other Clients. In any such instance, Net Publications Ltd reserves the right to suspend the website immediately, or continue to host the website but require the Client to pay an additional fee.
5.    Net Publications Ltd shall use all reasonable endeavours to respond to the Client’s notification of interruptions or other problems and to rectify any problems with reasonable diligence.
6.    Net Publications Ltd will not guarantee or be liable for any breaks in the continuity of the electricity supply or of the telecoms link to the server that is provided by a third party.
7.    If service is suspended or interrupted Net Publications Ltd shall use all reasonable endeavours to restore service with minimum delay, but Net Publications Ltd will not be liable for any lost, corrupted or destroyed data as a result of any suspension or interruption.
8.    Net Publications Ltd accepts no responsibility for server downtime or interruptions to service caused by circumstances beyond Net Publications Ltd’s control.
9.    We reserve the right to deactivate any website when the monthly hosting charge has not been paid in full. We reserve the right to charge an administration fee of £50 for reactivating the website/hosting.
10.    If the Client does not use Net Publications Ltd’s hosting services, then the management and hosting of the domain name are the full responsibility of the Client.
11.    If the Client does not wish to continue hosting with Net Publications Ltd the site files and associated data can be made available to the Client fee free on request and the domain name can be transferred to the Client’s registrar account where applicable. Should the Client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge.
12.    Net Publications Ltd reserves the right to delete the website from our servers if you choose to not continue the hosting with us.

Search Engine Optimisation (SEO)

Where Net Publications Ltd is to provide Search Engine Optimisation (SEO) services to the Client the Client acknowledges that:
1.    Search engine algorithms will change from time-to-time, which may affect the website’s rankings in the search engine results pages, and Net Publications Ltd has no control over such changes.
2.    It can take many months for the Services to have any significant effects upon the ranking of a website in the search engine results pages.
3.    Search engine optimisation site promotion is an ongoing task and, should the Client terminate the Contract and/or stop promoting the website, it is possible this could have a negative impact upon the effects of the Services.
4.    Net Publications Ltd will not be responsible for any alterations to the website made by the Client or any third party that reverse or effect changes made to the website by Net Publications Ltd as part of the Services.
5.    The promotion of the website may lead to higher traffic levels and bandwidth requirements for the website, and the Client will be responsible for arranging and paying for such requirements.
6.    Notwithstanding the Services, the website’s search engine results page rankings and traffic levels may decrease as well as increase.
7.    It is not possible to give any guarantees for any specific result on the search engine results, nor can Net Publications Ltd quantify the level of increased traffic or sales or give any guaranteed positioning as a result of the Services.
8.    Net Publications Ltd does not own or control any directories to which the website may be submitted, and no refunds will be given in the event of any refusal to include the website in any directory database.

Pay Per Click (PPC)

Where Net Publications Ltd is to provide pay per click (PPC) services to the Client:
1.    The Client will bid for the ranking or a listing which appears in the search results generated by Net Publications Ltd in response to a search term closely matching the subject of the search listing. The amount of the Client’s bid determines the ranking of their listing in a search results list.
2.    Net Publications Ltd reserves the right to refuse, reject, cancel, remove, edit or vary any search terms, descriptions, listings and bids at any time for any reason whatsoever.
3.    The Client must only submit search terms, titles and descriptions to Net Publications Ltd that are relevant to the website. If any information provided on the website changes, the Client must update their search terms and descriptions to be both current and accurate. All search terms and descriptions submitted are subject to relevancy review by Net Publications Ltd’s staff and are subject to removal or rejection. No refunds will be issued for charges incurred to any account as a result of submitting irrelevant words to Net Publications Ltd.
4.    The Client agrees to pay Google based on the cost of click-throughs by users on a search listing, and also agrees to pay monthly management fees to Net Publications Ltd.
5.    The number of click-throughs is measured by online reporting systems utilised by Net Publications Ltd and the Client acknowledges that data generated from this software shall be the definitive and only measure of the number of click-throughs.
6.    The Client will be charged on a monthly basis for each click delivered. The charge per click will vary depending upon the search terms used.
7.    Monthly reports will be sent to the Client by email. If the Client terminates the Contract, Net Publications Ltd will delete or pause any created campaign.
8.    Pay per click services are provided with no warranty with respect to the number of click-throughs per search listing which will be delivered and Net Publications Ltd will not be liable for any delay in changing any bid by the Client.
9.    Net Publications Ltd does not guarantee that the Client’s search listings will be available or displayed. The format and style of the Client’s listing may vary and Net Publications Ltd makes no representations as to the format and style of search listings.
10.    The pay per click services shall be provided for such minimum period and may only be terminated upon such notice period as may be stipulated by Net Publications Ltd.
Social Media Management
Where Net Publications Ltd is to provide social media management services to the Client:
1.    Net Publications Ltd will complete an initial set up of the campaign based around the social media accounts in the Client’s chosen package. Where required, designs which complement the website style and company branding will be produced for the Client’s approval.
2.    Once the initial set up has been approved by the Client, social media accounts will be set up for each of the Client’s social media pages and login details will be sent to the Client once the pages have been built and completed.
3.    The Client should supply Net Publications Ltd with the latest news, new products, promotions and anything else that the Client considers should be published. If the Client is unable to provide the content on a timely regular basis, Net Publications Ltd can offer a paid copywriting service.
4.    Google Analytics may need to be added to the Website if not already set up and social media tracking will be added to the account to enable full tracking from the social media distribution. This is separately chargeable unless otherwise agreed.
5.    The Client must provide Net Publications Ltd with full FTP access to the website. Removal of or restriction of access may relieve Net Publications Ltd of its obligations under the Contract; or, in the event that the Client cannot or will not provide Net Publications Ltd with Full FTP access, Net Publications Ltd will provide the Client with instructions on how to populate the Client’s conversion tracking on the website.
6.    If required Net Publications Ltd will set up social media account profiles as agreed at the start of the project.
7.    Net Publications Ltd will integrate the accounts into the website, where necessary.
8.    Initially, Net Publications Ltd’s main aim shall be to build and integrate the social media accounts into the website.
9.    Subsequently, Net Publications Ltd will optimise and distribute the Client’s content to the relevant social media accounts depending upon the content the Client sends to Net Publications Ltd.
10.    Net Publications Ltd will supply the Client with a monthly activity report, which will include any recommendations Net Publications Ltd believes will benefit the campaign and generation of traffic to the website.
11.    If the Client wishes Net Publications Ltd to market new products and services, setting up this element of the campaign may attract an additional set-up fee.
12.    From time to time, Net Publications Ltd may recommend changes to the website to improve the conversion rate, the bounce rate or the effectiveness of the campaign; Net Publications Ltd will always quote the Client for any additional work and will only proceed with the Client’s approval.

Links

1.    Net Publications Ltd provides links or references to our Client’s websites solely for the convenience of prospective Clients and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
2.    We place a small text link on the footer of our Client’s website that simply states the website was designed by Touch Logic and links to our company website, www.touchlogic.co.uk. This link can be removed, if required.

Disclaimer

1.    We shall perform our services with reasonable skill and care. However, Net Publications Ltd does not guarantee that our services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the services will be complete, accurate, secure, up to date, received or delivered correctly or at all. We may have to suspend the services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.
2.    Net Publications Ltd makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any services, information, or other material downloaded or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
3.    We are not liable to you for any loss or damages resulting from your use of our service, including in relation to negligence. Should you feel it is appropriate, you are free to discontinue your use.
4.    Net Publications Ltd reserves the right to update these terms of use at any time.

READY TO WORK WITH US?