Terms & Conditions

1) Interpretation
The following definitions and rules of interpretation apply in these Terms and Conditions.

 1.1 Definitions:
– Applicable Data Protection Laws:
  – a) If the UK GDPR applies, this refers to the relevant data protection laws in the United Kingdom.
  – b) If the EU GDPR applies, this refers to the relevant data protection laws in the European Union or any of its member states that apply to InTouch Consulting Group.
– Business Day: Any day except Saturday, Sunday, or public holidays in England, when banks in London are operational.
– Charges: The fees payable by the Customer for the Services as outlined in Clause 5 (Charges and Payment).
– Commencement Date: The date when the Customer first opts to receive the Services.
– Conditions: These terms and conditions of service, which may be updated from time to time in accordance with Clause 11.5.
– Contract: The agreement between InTouch Consulting Group and the Customer for the provision of Services under these Conditions.
– Control: As defined in Section 1124 of the Corporation Tax Act 2010, including the interpretation of “change of control.”
– Customer: The person or entity to whom InTouch Consulting Group provides Services.
– Customer Default: As described in Clause 4.2.
– Customer Personal Data: Any personal data processed by InTouch Consulting Group on behalf of the Customer in connection with this agreement.
– EU GDPR: The General Data Protection Regulation ((EU) 2016/679) as it applies within the EU.
– Intellectual Property Right: Includes all patents, copyrights, trademarks, and other intellectual property rights, whether registered or not.
– Services: Any services provided by InTouch Consulting Group to the Customer.
– Supplier:  InTouch Consulting Group, with registered office at 51 The Causeway, Burwell, CB25 0DU

– Supplier Materials: As defined in Clause 4.1(f).
– UK GDPR: As defined in Section 3(10) (supplemented by Section 205(4)) of the Data Protection Act 2018.

1.2 Interpretation:
a) References to statutes or statutory provisions include any amendments or re-enactments and encompass all related subordinate legislation.
b) Any words following terms like “including,” “include,” “in particular,” or “for example” should be understood as illustrative and do not limit the scope of preceding words or terms.
c) References to “writing” or “written” include emails.

2) Basis of Contract
2.1) These Conditions apply to all Services provided by InTouch Consulting Group to the Customer, overriding any other terms that the Customer may propose or that might be implied by trade, custom, practice, or previous dealings.

3) Supply of Services:
3.1) InTouch Consulting Group will make every reasonable effort to provide the Services substantially in accordance with these Conditions, but the timing of service delivery is not of the essence.
3.2) InTouch Consulting Group reserves the right to modify the Services as required to comply with applicable laws or regulatory requirements, or if such changes do not materially alter the nature or quality of the Services. Customers will be notified of any such changes.
3.3) InTouch Consulting Group may amend these Conditions with 30 days’ written notice to the Customer in the following circumstances:
   a) Changes in the structure of its Services;
   b) Introduction of new Services;
   c) Increased costs for providing the Services (e.g., higher third-party fees or development of new customer products);
   d) Increased operational costs (e.g., improvements in customer support);
   e) Enhancements to security and operation of its technical infrastructure;
   f) Legal or regulatory obligations;
   g) To clarify or simplify terms, update contracts, or align with legal changes.
3.4) The Customer may terminate the Contract if InTouch Consulting Group exercises its rights under Clause 3.3 and can demonstrate that the change materially disadvantages them.
3.5) InTouch Consulting Group warrants that the Services will be provided with reasonable care and skill. The Supplier does not guarantee service performance in cases of unexpected demand spikes, data transmission errors, data corruption, or security issues over telecommunications services.
3.6) Customers can opt-in to call recordings at sign-up or during service. Customers acknowledge that call recordings will be stored by InTouch Consulting Group for up to 90 days, after which they may be permanently deleted.

4) Customer’s Obligations
4.1) The Customer shall:
   a) Ensure that the Services meet its requirements;
   b) Cooperate with InTouch Consulting Group in all matters relating to the Services;
   c) Provide InTouch Consulting Group, its employees, agents, consultants, and subcontractors with access to the Customer’s premises and facilities as reasonably required;
   d) Provide necessary information and materials to InTouch Consulting Group to facilitate service delivery, ensuring accuracy and completeness;
   e) Obtain and maintain all necessary licenses, permissions, and consents for the Services before they commence;
   f) Safeguard all materials, equipment, documents, and other property of InTouch Consulting Group (Supplier Materials) while on Customer’s premises, maintaining them in good condition and using them only as instructed;
   g) Provide InTouch Consulting Group with a valid email, pager, fax, or other telecommunications service to deliver messages to the nominated individual;
   h) Give InTouch Consulting Group at least seven (7) business days’ notice of any expected increase in call volume.

4.2) If InTouch Consulting Group’s obligations under the Contract are delayed or prevented by any Customer act, omission, or failure (Customer Default):
   a) InTouch Consulting Group may suspend service delivery until the Customer remedies the issue, with relief from its obligations to the extent they are delayed or prevented by the Customer Default;
   b) InTouch Consulting Group will not be liable for any costs or losses incurred by the Customer due to such delays;
   c) The Customer shall reimburse InTouch Consulting Group for any costs or losses incurred due to the Customer Default.

 5) Charges and Payment:
5.1) Subject to Clause 5.2, the Charges for the Services are those agreed with the Customer at the Commencement Date.
5.2) InTouch Consulting Group reserves the right to increase Charges, with written notice given three months in advance. If the increase is unacceptable, the Customer must notify InTouch Consulting Group in writing within four weeks of the notice, allowing InTouch Consulting Group to terminate the Contract with two weeks’ notice. However, annual increases in line with the Retail Price Index (RPI) will not provide grounds for contract termination.
5.3) Call times are measured from the time of connection until the conclusion of associated tasks, excluding ringing time before a call is answered.
5.4) No Charges apply to the first thirty interactions (calls, emails, and live chats) under 30 seconds per billing cycle. Charges apply in one-minute increments for interactions over 30 seconds or after the first thirty interactions.
5.5) If the Customer exceeds its plan minutes in a billing cycle, additional Charges will apply at the rate agreed upon, rounded up to the nearest whole minute.
5.6) Unless agreed otherwise, InTouch Consulting Group will invoice the Customer at service commencement and monthly thereafter in advance for the standard monthly Charges.
5.7) Invoices will be sent by email, with Charges applied to the payment method on file.
5.8) If Services exceed the plan allowance in a billing cycle, InTouch Consulting Group will issue a supplementary invoice at the cycle’s end.
5.9) For excess Charges exceeding £100 in a billing cycle, InTouch Consulting Group may collect payment in £100 increments using the payment method on file.
5.10) Time of payment is crucial. If payment cannot be processed, the Customer must make immediate payment directly to InTouch Consulting Group.
5.11) If the Customer invokes Clause 9.3, they must pay any outstanding Charges up to the end of the billing cycle.
5.12) All amounts payable exclude VAT.
5.13) If the Customer fails to pay on time, InTouch Consulting Group may charge interest on overdue sums at 4% above the Bank of England’s base rate.
5.14) The Customer must dispute any invoice within 21 days, or it will be deemed correct and payable.
5.15) All payments under the Contract must be made in full, without set-off or deductions.
5.16) The Customer authorizes InTouch Consulting Group to conduct credit checks.
5.17) InTouch Consulting Group reserves the right to request a letter of credit or security deposit to ensure prompt payment.
5.18) The obligation to pay Charges continues after the Contract ends.

5.19)  Dis-honourable visits, we reserve the right to make charges in relation to dis-honourable visits at our premises. This includes but is not limited to the following; Visits from authorities arising from adverse business or personal activities, high court enforcement officers, bailiffs, debt collectors, protesters. Each visit will be charged at the current fee amount found on our website, Intouch Consulting Group will always provide proof any such visit has occurred in relation to your service/s.

6) Intellectual Property Rights
6.1) Unless agreed otherwise, all Intellectual Property Rights arising from the Services belong to InTouch Consulting Group.
6.2) InTouch Consulting Group grants the Customer a fully paid-up, worldwide, non-exclusive, royalty-free license to use the Deliverables for the purpose of receiving the Services.
6.3) The Customer may not sub-license, assign, or transfer the rights granted under Clause 6.2.
6.4) The Customer grants InTouch Consulting Group a fully paid-up, non-exclusive, royalty-free, non-transferable license to use any materials provided by the Customer to deliver the Services.

7) Data Protection
7.1) Terms like controller, processor, data subject, personal data, personal data breach, and processing

7.2) Both parties will comply with all applicable requirements of the relevant Data Protection Laws. This clause 7 is in addition to, and does not relieve, remove, or replace, a party’s obligations or rights under these laws.

7.3) The parties have determined that for the purposes of the Applicable Data Protection Laws, InTouch Consulting Group is the data processor, and the Customer is the data controller.

7.4) Without prejudice to clause 7.2, InTouch Consulting Group shall, in relation to Customer Personal Data, process that data in accordance with its Data Processing Addendum, a copy of which can be found at [DPA]. By agreeing to these Conditions, the Customer also agrees to and accepts the terms of the Data Processing Addendum.

• Data protection for applications and the application procedures

The data controller shall collect and process the personal data of applicants for the purpose of the processing of job applications. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased six months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).

• Data protection provisions about the application and use of Facebook

On this website, the controller has integrated components of Facebook. Facebook is a social network.

A social network is a place for social meetings on the Internet, an online community, which usually allows users to communicate with each other and interact in a virtual space. A social network may serve as a platform for the exchange of opinions and experiences, or enable the Internet community to provide personal or business-related information. Facebook allows social network users to include the creation of private profiles, upload photos, and network through friend requests.

The operating company of Facebook is Facebook, Inc., 1 Hacker Way, Menlo Park, CA 94025, United States. If a person lives outside of the United States or Canada, the controller is the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

With each call-up to one of the individual pages of this Internet website, which is operated by the controller and into which a Facebook component (Facebook plug-ins) was integrated, the web browser on the information technology system of the data subject is automatically prompted to download display of the corresponding Facebook component from Facebook through the Facebook component. An overview of all the Facebook Plug-ins may be accessed under https://developers.facebook.com/docs/plugins/. During the course of this technical procedure, Facebook is made aware of what specific sub-site of our website was visited by the data subject.

If the data subject is logged in at the same time on Facebook, Facebook detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-site of our Internet page was visited by the data subject. This information is collected through the Facebook component and associated with the respective Facebook account of the data subject. If the data subject clicks on one of the Facebook buttons integrated into our website, e.g. the “Like” button, or if the data subject submits a comment, then Facebook matches this information with the personal Facebook user account of the data subject and stores the personal data.

Facebook always receives information about a visit to our website by the data subject, whenever the data subject is logged in at the same time on Facebook during the time of the call-up to our website. This occurs regardless of whether the data subject clicks on the Facebook component or not. If such a transmission of information to Facebook is not desirable for the data subject, then he or she may prevent this by logging off from their Facebook account before a call-up to our website is made.

The data protection guideline published by Facebook, which is available at https://facebook.com/about/privacy/, provides information about the collection, processing and use of personal data by Facebook. In addition, it is explained there what setting options Facebook offers to protect the privacy of the data subject. In addition, different configuration options are made available to allow the elimination of data transmission to Facebook. These applications may be used by the data subject to eliminate a data transmission to Facebook.

• Data protection provisions about the application and use of Google AdSense

On this website, the controller has integrated Google AdSense. Google AdSense is an online service which allows the placement of advertising on third-party sites. Google AdSense is based on an algorithm that selects advertisements displayed on third-party sites to match with the content of the respective third-party site. Google AdSense allows an interest-based targeting of the Internet user, which is implemented by means of generating individual user profiles.

The operating company of Google’s AdSense component is Alphabet Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

The purpose of Google’s AdSense component is the integration of advertisements on our website. Google AdSense places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Alphabet Inc. is enabled to analyse the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google AdSense component is integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google AdSense component for the purpose of online advertising and the settlement of commissions to Alphabet Inc. During the course of this technical procedure, the enterprise Alphabet Inc. gains knowledge of personal data, such as the IP address of the data subject, which serves Alphabet Inc., inter alia, to understand the origin of visitors and clicks and subsequently create commission settlements.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Alphabet Inc. from setting a cookie on the information technology system of the data subject. Additionally, cookies already in use by Alphabet Inc. may be deleted at any time via a web browser or other software programs.

Furthermore, Google AdSense also uses so-called tracking pixels. A tracking pixel is a miniature graphic that is embedded in web pages to enable a log file recording and a log file analysis through which a statistical analysis may be performed. Based on the embedded tracking pixels, Alphabet Inc. is able to determine if and when a website was opened by a data subject, and which links were clicked on by the data subject. Tracking pixels serve, inter alia, to analyse the flow of visitors on a website.

Through Google AdSense, personal data and information—which also includes the IP address, and is necessary for the collection and accounting of the displayed advertisements—is transmitted to Alphabet Inc. in the United States of America. These personal data will be stored and processed in the United States of America. The Alphabet Inc. may disclose the collected personal data through this technical procedure to third parties.

Google AdSense is further explained under the following link https://www.google.com/intl/en/adsense/start/.

• Data protection provisions about the application and use of Google Analytics

On this website, the controller has integrated the component of Google Analytics. Google Analytics is a web analytics service. Web analytics is the collection, gathering, and analysis of data about the behavior of visitors to websites. A web analysis service collects, inter alia, data about the website from which a person has come (the so-called referrer), which sub-pages were visited, or how often and for what duration a sub-page was viewed. Web analytics are mainly used for the optimisation of a website and in order to carry out a cost-benefit analysis of Internet advertising.

The operator of the Google Analytics component is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, United States.

The purpose of the Google Analytics component is to analyse the traffic on our website. Google uses the collected data and information, inter alia, to evaluate the use of our website and to provide online reports, which show the activities on our websites, and to provide other services concerning the use of our Internet site for us.

Google Analytics places a cookie on the information technology system of the data subject. The definition of cookies is explained above. With the setting of the cookie, Google is enabled to analyse the use of our website. With each call-up to one of the individual pages of this Internet site, which is operated by the controller and into which a Google Analytics component was integrated, the Internet browser on the information technology system of the data subject will automatically submit data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. During the course of this technical procedure, the enterprise Google gains knowledge of personal information, such as the IP address of the data subject, which serves Google, inter alia, to understand the origin of visitors and clicks, and subsequently create commission settlements.

The cookie is used to store personal information, such as the access time, the location from which the access was made, and the frequency of visits of our website by the data subject. With each visit to our Internet site, such personal data, including the IP address of the Internet access used by the data subject, will be transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Google Analytics from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Google Analytics may be deleted at any time via a web browser or other software programs.

In addition, the data subject has the possibility of objecting to a collection of data that are generated by Google Analytics, which is related to the use of this website, as well as the processing of this data by Google and the chance to preclude any such. For this purpose, the data subject must download a browser add-on under the link https://tools.google.com/dlpage/gaoptout and install it. This browser add-on tells Google Analytics through a JavaScript, that any data and information about the visits of Internet pages may not be transmitted to Google Analytics. The installation of the browser add-ons is considered an objection by Google. If the information technology system of the data subject is later deleted, formatted, or newly installed, then the data subject must reinstall the browser add-ons to disable Google Analytics. If the browser add-on was uninstalled by the data subject or any other person who is attributable to their sphere of competence, or is disabled, it is possible to execute the reinstallation or reactivation of the browser add-ons.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/ and under http://www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

• Data protection provisions about the application and use of Google-AdWords

On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google’s search results only then displayed, when the user utilises the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.

The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.

The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.

If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.

The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimise our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.

The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.

The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.

The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.co.uk/settings/adsand set the desired settings.

Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.

• Data protection provisions about the application and use of Instagram

On this website, the controller has integrated components of the service Instagram. Instagram is a service that may be qualified as an audiovisual platform, which allows users to share photos and videos, as well as disseminate such data in other social networks.

The operating company of the services offered by Instagram is Instagram LLC, 1 Hacker Way, Building 14 First Floor, Menlo Park, CA, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which an Instagram component (Insta button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding Instagram component of Instagram. During the course of this technical procedure, Instagram becomes aware of what specific sub-page of our website was visited by the data subject.

If the data subject is logged in at the same time on Instagram, Instagram detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Instagram component and is associated with the respective Instagram account of the data subject. If the data subject clicks on one of the Instagram buttons integrated on our website, then Instagram matches this information with the personal Instagram user account of the data subject and stores the personal data.

Instagram receives information via the Instagram component that the data subject has visited our website provided that the data subject is logged in at Instagram at the time of the call to our website. This occurs regardless of whether the person clicks on the Instagram button or not. If such a transmission of information to Instagram is not desirable for the data subject, then he or she can prevent this by logging off from their Instagram account before a call-up to our website is made.

Further information and the applicable data protection provisions of Instagram may be retrieved under https://help.instagram.com/155833707900388 and https://www.instagram.com/about/legal/privacy/.

• Data protection provisions about the application and use of Twitter

On this website, the controller has integrated components of Twitter. Twitter is a multilingual, publicly-accessible microblogging service on which users may publish and spread so-called ‘tweets,’ e.g. short messages, which are limited to 140 characters. These short messages are available for everyone, including those who are not logged on to Twitter. The tweets are also displayed to so-called followers of the respective user. Followers are other Twitter users who follow a user’s tweets. Furthermore, Twitter allows you to address a wide audience via hashtags, links or retweets.

The operating company of Twitter is Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, UNITED STATES.

With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a Twitter component (Twitter button) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to download a display of the corresponding Twitter component of Twitter. Further information about the Twitter buttons is available under https://about.twitter.com/de/resources/buttons. During the course of this technical procedure, Twitter gains knowledge of what specific sub-page of our website was visited by the data subject. The purpose of the integration of the Twitter component is a retransmission of the contents of this website to allow our users to introduce this web page to the digital world and increase our visitor numbers.

If the data subject is logged in at the same time on Twitter, Twitter detects with every call-up to our website by the data subject and for the entire duration of their stay on our Internet site which specific sub-page of our Internet page was visited by the data subject. This information is collected through the Twitter component and associated with the respective Twitter account of the data subject. If the data subject clicks on one of the Twitter buttons integrated on our website, then Twitter assigns this information to the personal Twitter user account of the data subject and stores the personal data.

Twitter receives information via the Twitter component that the data subject has visited our website, provided that the data subject is logged in on Twitter at the time of the call-up to our website. This occurs regardless of whether the person clicks on the Twitter component or not. If such a transmission of information to Twitter is not desirable for the data subject, then he or she may prevent this by logging off from their Twitter account before a call-up to our website is made.

The applicable data protection provisions of Twitter may be accessed under https://twitter.com/privacy?lang=en.

• Legal basis for the processing

Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).

• The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all of our employees.

• Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

• Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

• Existence of automated decision-making

As a responsible digital marketing company, we do not use automatic decision-making or profiling.

8. Limitation of Liability

8.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

1.  a) death or personal injury caused by negligence;
2.  b) fraud or fraudulent misrepresentation; and
3.  c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.2 Subject to clause 8.1, InTouch Consulting Group’s total liability to the Customer in respect of all breaches of duty occurring within any contract year shall not exceed the cap.

8.3 In clause 8.2:

1.  a) Cap: The total charges in the contract year in which the breaches occurred.
2.  b) A Contract Year: A 12-month period commencing with the Commencement Date or any anniversary of it.
3.  c) Total Charges: All sums paid by the Customer and all sums payable under the Contract in respect of goods actually supplied by InTouch Consulting Group, whether or not invoiced to the Customer.
4.  d) Total Liability: InTouch Consulting Group’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.

8.4 This clause 8.4 sets out specific heads of excluded loss:

8.  a) Subject to clause 8.1, the types of loss listed in clause 8.4(b) are wholly excluded by the parties.
9.  b) The following types of loss are wholly excluded:
10.     i) Loss of profits;
11.     ii) Loss of sales or business;

      iii) Loss of agreements or contracts;

1.     iv) Loss of anticipated savings;
2.     v) Loss of use or corruption of software, data, or information;
3.     vi) Loss of or damage to goodwill;

      vii) Indirect or consequential loss.

8.5 Subject to the foregoing limitations, if InTouch Consulting Group fails to provide the Services, the Customer’s sole remedy will be, at InTouch Consulting Group’s sole discretion, either:

1.  a) the correction of the failure to provide the Services, or
2.  b) a refund of the monthly recurring charges paid to InTouch Consulting Group for such services during the period of time that the services were affected.

8.6 This clause 8 shall survive termination of the Contract.

9. Termination

9.1 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

1.  a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 7 days of being notified in writing to do so;
2.  b) the other party takes any step or action in connection with entering administration, provisional liquidation, or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by court order, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business, or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
3.  c) the other party suspends, or threatens to suspend, or ceases or threatens to cease carrying on all or a substantial part of its business; or
4.  d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion, the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

9.2 Without affecting any other right or remedy available to it, InTouch Consulting Group may terminate the Contract with immediate effect by giving written notice to the Customer if:

1.  a) the Customer fails to pay any amount due under the Contract on the due date for payment, and such breach is not remedied within 14 days; or
2.  b) there is a change of control of the Customer.

9.3 The Customer may terminate the Contract at any time by providing written notice to InTouch Consulting Group. The terms of Clause 5.8 will apply. Notwithstanding notice of termination, the Customer acknowledges that it remains liable for the Charges up to and including the end of the Customer’s relevant billing cycle in respect of those Services. During the period from the Customer exercising its right to terminate until the end of the Customer’s billing cycle, the Customer is permitted to continue benefiting from the Services in accordance with the provisions of this Contract. Alternatively, the Customer can opt to stop the provision of the Services at the point of termination by informing InTouch Consulting Group.

9.4 Without affecting any other right or remedy available to it, InTouch Consulting Group may suspend the supply of Services under the Contract or any other contract between the Customer and InTouch Consulting Group if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 9.1(b) to clause 9.2(d), or InTouch Consulting Group reasonably believes that the Customer is about to become subject to any of them.

9.5 Nothing in this Clause 9 shall prejudice the Customer’s statutory rights, which shall remain unaffected.

10. Consequences of Termination

10.1 On termination of the Contract:

1.  a) The Customer shall immediately pay to InTouch Consulting Group all outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, InTouch Consulting Group shall submit an invoice, which shall be payable by the Customer immediately upon receipt;
2.  b) The Customer shall return all InTouch Consulting Group Materials and any Deliverables that have not been fully paid for. If the Customer fails to do so, InTouch Consulting Group may enter the Customer’s premises and take possession of them. Until they have been returned, the Customer shall be solely responsible for their safekeeping and will not use them for any purpose not connected with the Contract.

10.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract that existed at or before the date of termination or expiry.

10.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

11. General

11.1 Force Majeure

1.  a) Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances, or causes beyond its reasonable control (“Force Majeure Event”).
2.  b) If the Force Majeure Event prevents InTouch Consulting Group from providing any of the Services for more than four (4) weeks, InTouch Consulting Group shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.

11.2 Assignment and Other Dealings

1.  a) InTouch Consulting Group may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over, or deal in any other manner with any or all of its rights and obligations under the Contract.
2.  b) The Customer shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over, or deal in any other manner with any of its rights and obligations under the Contract without the prior written consent of InTouch Consulting Group.

11.3 Confidentiality

11.  a) Each party undertakes that it shall not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the other party, except as permitted by clause 11.3(b).
12.  b) Each party may disclose the other party’s confidential information:
13.     i) to its employees, officers, representatives, subcontractors, or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors, or advisers to whom it discloses the other party’s confidential information comply with this clause 11.3; and
14.     ii) as may be required by law, a court of competent jurisdiction, or any governmental or regulatory authority.
15.  c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract.

11.4  Agreement

1.  a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
2.  b) Each party acknowledges that, in entering into the Contract, it does not rely on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not expressly set out in the Contract. Neither party shall have any right or remedy for innocent or negligent misrepresentation or misstatement based on any statement in the Contract.

11.5 Variation

Except as provided in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by both parties (or their authorised representatives).

11.6 Waiver

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be considered a waiver of any subsequent right or remedy. A failure or delay by either party in exercising any right or remedy under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy under the Contract or by law shall prevent or restrict the further exercise of any right or remedy.

11.7 Severance

If any provision or part of a provision of the Contract is found to be invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the offending provision or part-provision shall be deemed deleted. Any modification or deletion under this clause shall not affect the validity and enforceability of the remainder of the Contract.

11.8 Notices

1.  a) Any notice given under or in connection with the Contract must be in writing and delivered by hand, by pre-paid first-class post, or by another next working day delivery service to the registered office of the company (if applicable) or to its principal place of business, or by email.
2.  b) A notice shall be deemed to have been received:
3.     i) if delivered by hand, upon obtaining a signature on a delivery receipt; 
4.     ii) if sent by pre-paid first-class post or another next working day delivery service, at 9:00 am on the second Business Day after posting or at the time recorded by the delivery service;

      iii) if sent by email, to the address specified at 11 Rutland St, Edinburgh EH1 2AE.

1.  c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

11.9 Third-Party Rights

Unless expressly stated otherwise, the Contract does not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

11.10 Governing Law

The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, or its subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.

11.11 Jurisdiction

Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

12. Forwarding & Processing

12.1 InTouch Consulting Group will make every effort to process and forward all items received on behalf of clients on the same working day. However, no guarantee is provided regarding the timeframe in which mail will be processed.

12.2 Mail forwarding may be delayed for reasons including, but not limited to: the client has not submitted valid identification to InTouch Consulting Group or the submitted identification has expired; payment for any services has failed; or there is no valid payment method on file for future payments. In such cases, clients will be notified by email only. It is the client’s sole responsibility to ensure that InTouch Consulting Group has a valid and up-to-date contact email address.

12.3 “Official Mail” or “Statutory Mail” related to our Registered Address Services is considered to be correspondence from Companies House or HM Revenue & Customs. These senders must be identifiable without opening the item in question.

12.4 Postage costs incurred from forwarding unofficial mail will be passed on to the client at their expense. These costs are calculated at the time of posting and are subject to VAT. InTouch Consulting Group will never knowingly charge more than Royal Mail’s retail price, plus the addition of VAT at the current rate, for the same service.

12.5 When a client has an active mail forwarding service other than our Registered Address Service, InTouch Consulting Group may require a postage deposit to cover outgoing postage costs. This deposit will be taken without notice from the payment method on file. The minimum deposit amount is £10.00, but this amount may be increased to reflect the client’s average postal costs on a monthly basis.

12.6 Freight deliveries must be pre-arranged to avoid delays, obstructions, or rejection of the delivery. Any palletized delivery or delivery with a shipping weight of over 25KG is considered freight.

12.7 When it is not possible to forward an item via one of Royal Mail’s standard services due to its weight, size exceeding 2KG, or exceeding Royal Mail Small Parcel dimensions, InTouch Consulting Group will use a partnered courier service provider.

12.8 InTouch Consulting Group offers a “One Off Item” option for clients who require the forwarding of mail or packages that do not meet the “Official Mail only” condition of the Registered Address Service. This service is provided entirely at the discretion of InTouch Consulting Group. The current fee for this service can be found on our website.

9. Liabilities

9.1 InTouch Consulting Group does not, under any circumstances, assume responsibility for any loss or damage to items received on behalf of clients. It is always the client’s responsibility to ensure that any items in our possession are insured against any potential loss or damage if such insurance is required. InTouch Consulting Group also does not assume responsibility for any financial, intellectual, or physical loss or damage resulting from the delay in receipt or loss of items received.

9.2 InTouch Consulting Group is not liable for any rejected deliveries and any costs arising, either directly or indirectly, from such delivery rejections.

9.3 It is solely the client’s responsibility to ensure that appropriate goods-in-transit coverage is in place when InTouch Consulting Group forwards any item. By default, the client should assume that any service used by InTouch Consulting Group to forward an item provides £0.00 GBP remuneration in the event of damage, loss, or theft.