This document is to be viewed by all involved parties as a binding and insoluble contract in agreement to the terms stated below:

Office Hours

Personal Touch Marketing Services office hours are 9am – 5pm, Monday to Friday. Telephone calls received out of hours will be diverted to our answering machine and dealt with the next working day. Where projects involve working ‘out of hours’ some overtime charges may be applicable (please see ‘extended charges’). In these instances relevant staff members will always be contactable.

Contact Details

In order to deal more effectively with your requests, we ask that you contact us through email. This system allows us to distribute questions to the appropriate person, and thereby respond to you more efficiently.

For general enquiries please contact marketing@personaltouchfs.com. Alternatively, you can write to us at:
Marketing Department,
Personal Touch Financial Services Ltd
Trinity 3
Trinity Park
Birmingham
B37 7ES

Materials

You agree to provide us with the specific copy, images and information we require in order to create your product, or to advise us as to where we can locate such materials. We accept no responsibility for your product not being completed on time if we are unable to secure necessary and/or suitable information and/or materials from you. If you cannot supply the information you wish to feature in your product, we will do what we can to obtain it, but we accept no responsibility for errors, omissions or discrepancies which may be present on the final product, as these may arise through our lack of specialist knowledge relating to the content of your product.

The time taken to compile the data, as well as any time required to correct errors, omissions or discrepancies that have arisen through your not providing us with adequate materials, will be charged to you at our standard rate.

Where you supply or specify materials, we will take every care to secure the best results in the finished product, but we accept no responsibility for imperfect work caused by defects in or unsuitability of materials so supplied or specified.

Proofs

We will provide you with a proof of the product and we’ll require your confirmation of acceptance of the proof by email or if necessary in writing. This contract confirms that you agree to the design and contents of the product as depicted on the proof. By accepting this proof, you absolve Personal Touch Marketing Services of all liability for any errors, omissions or discrepancies that may be present on the proof. Once you have accepted the proof supplied, in most cases we will not be able to make any further changes to the final product, nor are you able to hold Personal Touch Marketing Services responsible for anything you are unhappy with.

This contract revokes your right to take any kind of action against Personal Touch Marketing Services for any aspect of the work with which you are later dissatisfied. Signing off a proof means that, as long as the finished product is consistent with the proof supplied, you must pay in full for the work. This fact applies whether or not you later take issue with any aspect of the product. These terms are final and non-negotiable. A proof also acts as your final opportunity to make changes to the content.

Making Changes

If a change is requested, we will do everything we can to make the correction, but we cannot guarantee this after the final proof stage. We accept no responsibility, under any circumstances, for any mistakes present on the completed work, as the signing-off of a proof absolves us of all liability (see “Proofs” above). Once the proof is signed off or agreed via email or writing, we incur a film / plate(s) charge and this is passed on to you as part of the total charge (see “Price Breakdown”). Any changes made after a proof is signed off will result in a further film / plate(s) charge.
Some of our products have limited revision rounds. If you purchase an item from our ‘Budget’ range, this will only include 1 revision round in which to make amends. If you purchase an item from our ‘Template’ range, this will include 2 revision rounds for you to make amends. Our ‘Premium’ range will allow you to make unlimited amends. If you decide to exceed an items revision rounds, an extra cost may be incurred but you will be notified of the cost before the amends are made.

Payment Terms

All customers agree to adhere to the terms stated on the invoice. These terms are based on a net 21-day payment basis from the date of invoice. By accepting our terms and conditions you agree to make full payment within 21 days from the date of invoice.

Standard Charges

The following prices are minimum charges for each product and exclude VAT. If the product will require more work than the standard time, this will be added as an additional cost. Please request a quote form from a member of staff to confirm costs.

Budget Logo £40
Premium Logo £80
Letterhead: £20
Compliment Slip: £20
Word Letterhead: £10
Fax Header: £10
Business Card: £20
Template Advert: £30
Template Website: £24.99 per month
Email Marketing: £80

For bespoke design work and items not listed, please request a quote from us which will be valid for 30 days.

Extended Charges

Any work agreed to be undertaken outside of normal working hours may be considered as ‘overtime’. In such instances Personal Touch Marketing Services shall be entitled to charge an additional fee. This will be dependent on which product it relates to. Please confirm the cost with a team member before going ahead with it.

Template Websites

Personal Touch Financial Services (PTFS) makes no representation that the Website (and any guidance or advice provided to the customer by PTFS or its consultants in establishing the Website) will be compliant with the laws of the United Kingdom and any liability in relation to such compliance is excluded.

The monthly subscription payable by the customer to maintain the Website is £24.99 plus VAT (“the Subscription”). All Subscriptions are collected by PTFS monthly in advance. If you’re a Toolbox user then you agree that PTFS may deduct the monthly subscription from amounts held by PTFS for the benefit of you from time to time. If you are not a Toolbox user then an alternative method of payment will need to be agreed with PTFS. The Subscription may be amended on one months notice by PTFS to you. PTFS cannot exercise the right to amend the subscription once a cancellation notice has been received by PTFS from you. One months notice in writing to cancel a subscription is required from you to PTFS.

It is your responsibility to ensure that the Website is not activated to be viewed by a member of the general public until such time as approval to do so has been issued by the Financial Promotions department of PTFS. Furthermore, if you are a PTFS AR any changes or updates to the content of your Website must be approved in advance by PTFS prior to being implemented.

PTFS reserves the right to make changes to the content of the Website from time to time and material changes will be notified to you.

General

Email

Personal Touch Marketing Services takes no responsibility for the content of emails including attachments and viruses.

Copyright

Unless negotiated and agreed in writing, the copyrights of general artwork, commissioned artwork, illustrations, website design, programming and copy belong to Personal Touch Marketing Services. If you supply us with material, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. By accepting this agreement, you agree to indemnify Personal Touch Marketing Services from any claim, which arises regarding the use of material with which you supply us. We reserve the right to use any artwork or printing we produce for the purposes of promoting our services unless you request otherwise in writing.

Quotes

All quotes and prices for work are valid for thirty (30) days, after which time all proposed work will have to be re-quoted. We take no responsibility for a re-quoted price differing from an original quote.

Illegal Matter

Personal Touch Marketing Services reserves the right not to print any matter deemed illegal, libellous or offensive, or which may be an infringement of the proprietary or other rights of any third party. This agreement indemnifies us in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.

Liability

Personal Touch Marketing Services shall not be liable for any loss to the customer arising from delay in transit caused by circumstances beyond our control. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity
• Any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with any product or service we supply, including, without limitation any liability for:
  • Loss of income for revenue
  • Loss of business
  • Loss of profits or contracts
  • Loss of anticipated savings
  • Loss of data
  • Loss of goodwill
  • Wasted management or office time; and
  • For any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

Price Breakdown

The invoice we send you will be itemised, showing the cost of the design and research process, as well as the production itself. Supplying us with suitable material will, therefore, reduce the time spent on design and, thereby, the final charge. VAT is charged at the current Customs & Excise rates and according to current regulations, irrespective of whether or not it is included in a price quotation.

Cancellation

Jobs put on hold or cancelled by the client during production will be invoiced at current stage and materials. This invoice must be paid in full together with any VAT that falls due accordingly.

Insolvency

Any customer ceasing to pay their debts in the ordinary course of business or proving unable to pay their debts as they become due or, being, a company, is deemed to be unable to pay its debts, or has a winding-up petition issued against it or, being a person, commits an act of bankruptcy or has a bankruptcy petition issued against it, Personal Touch Marketing Services, without prejudice to other remedies, shall;

1. have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to it, and;
2. in respect of all unpaid debts due from the customer, have a general lien on all goods and property in its possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as we think fit and to apply the proceeds towards such debts.

Data Protection

Personal Touch Marketing Services agrees to keep all information of its clients confidential. All information will be treated as confidential in accordance with the Data Protection Act.

Force Majeure

Personal Touch Marketing Services shall have no liability to the Customer under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, any product or service provided by PTMS.

Variations

PTMS may revise the terms at any time.