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NetTrackz Terms and Conditions

1. Introduction, Incorporation and Interpretation

1.1. These Terms relate to the provision to the Customer of the NetTrackz product ("the Product").

1.2. In this Contract:

  • "Business Information" means the content relating to the Customer's business, namely business name, business address, business town/city, business postcode, business phone number, business website (if present), Customer name, Customer email address;
  • "Contract" means the contract, of which the Free Web Presence Report Request Form forms part, to which these Terms apply;
  • "Customer" means you the user of the Product;
  • "Customer Links" means any hyperlinks placed by the Customer in the Business Information;
  • "Web Presence Report Request Form" means the online form requesting a Free Web Presence Report which forms part of the Contract;
  • "Free Web Presence Report" means the initial Web Presence Report supplied by the Provider to the Customer relating to the Customer's internet presence;
  • "Web Presence Product" means the paid for service provided by NetTrackz as described below.
  • "NetTrackz Network" is the following online directories
    (The directories in the NetTrackz Network may change from time to time. A full list can be found at
  • "Terms" means these terms and conditions
  • "Third Party Provider" means any third party service provider;
  • "Provider" means Touch Local Limited.

2. Business Information and Services provided

2.1. The Customer agrees to supply the Provider with the Business Information and the Provider agrees to use the Business Information for the purpose of producing the Free Web Presence Report.

2.2. The Customer shall provide the Business Information to the Provider at the time of the order in such format as the Provider reasonably requires. By completing the Web Presence Report Request Form the Customer agrees to be bound by the terms of the Contract. No conditions other than those set forth herein and in the Web Presence Report Request Form shall be binding on the Provider unless: (i) specifically agreed to in writing by the Provider and (ii) signed by the Customer and the Provider. Save in respect of any such exception, in case of any inconsistency between the Web Presence Report Request Form and these Terms, these Terms will prevail.

2.3. The Provider aims to complete the Free Web Presence Report as soon as reasonably practicable after receiving the Business Information but the Customer understands and agrees that no guarantee is given that the Free Web Presence Report will be received within any specific timeframe or at all.

2.4. Following receipt of the Free Web Presence Report the Customer will have the option but not the obligation to purchase from the Provider a Web Presence Product.
The Web Presence Product consists of:

  • A one-off update of the Business Information provided by the Customer, or the relevant parts thereof, on the NetTrackz network of sites.
  • Any subsequent updates of the Business Information as required by the Customer.
  • Twelve (12) Web Presence Reports, to be created for the customer over a 12 month period (approximately one every month). The Customer will receive an email communication every time a new Report is available.
  • A number of "How-to-Guides" (no fewer than 12) to advise the Customer on how to further improve their web presence on various directory sites.

2.5. The Web Presence Report consists of an overview of how the Business Information provided by the Customer is represented on various online directories. Which directories are included in the report will be decided by NetTrackz at its sole discretion and may vary during the lifetime of the Web Presence product.

2.6. The Provider cannot guarantee any delivery units, i.e. impressions, clicks, calls or leads resulting from updating the Business Information on the NetTrackz Network, or whether any of the Web Presence Reports referred to in 2.5 above will confirm an improvement in the customer's internet presence or profile.

2.7. The Provider will take all reasonable steps to ensure that emails are delivered to the Customer in a timely fashion. It is the Customer's responsibility to tell the Provider of any changes of email address that could affect the delivery of notification of new reports.

2.8. The Provider gives no guarantee as to continuing service availability for the hosting, operation and maintenance of the Business Information.

2.9. The Provider may telephone the Customer from time to time and, as with incoming calls to the Provider, the Customer accepts that all such calls may be recorded for internal purposes, including monitoring and training.

2.10. The Customer accepts that the Business Information may be subject to editorial review by the Provider and any Third Party Provider. The Provider also reserves the right, without liability, to reject, replace, omit, terminate or exclude any Business Information, Customer Links or order for the same, for any reason, at any time, with or without notice to the Customer, whether or not such Business Information, link or order was previously acknowledged, accepted, or published.

2.11. Information concerning the Customer contained on the Business Information will be derived from information provided by the Customer and it is therefore the Customer's responsibility to ensure that the information is accurate by checking the Business Information. The Provider shall incur no liability for any errors in that information.

2.12. The Customer acknowledges and accepts that their services and/or products may be the subject of review by users of the Provider's site or Third Party Providers' sites and that the reviews may be favourable or unfavourable and that any third party review activity of the Business Information does not constitute the view or opinion of the Provider. The Customer accepts that the Provider offers no editorial services for reviews and that they are outside the Provider's control.

2.13. The Customer accepts that provision of the Business Information may result in unwanted emails, calls or other communications from third parties and that such unwanted contact is outside of the Provider's control and that the Provider will in no way be held responsible or liable for such contact.

2.14. The Customer accepts that the Provider is not acting as the agent for the Third Party Providers and that the Provider has no relationship with or control over the Third Party Providers.

2.15. Whilst the Provider will exercise reasonable care to ensure the accuracy of the Web Presence Reports all warranties as to its accuracy and content are expressly excluded.

3. Limitation of Liability

3.1. Except as expressly provided in this Contract, the Provider gives no warranty in relation to the provision of services under this Contract and all warranties, express or implied, are excluded.

3.2. The Provider does not limit or exclude liability for death or personal injury caused by negligence.

3.3. Subject to clause 3.2, the Provider's entire liability to the Customer arising out of or in connection with the Contract, including without limitation breach of contract, misrepresentation (except where fraudulently made) and tort (including negligence), is limited to the amount paid by the Customer under the Contract.

3.4. Subject to clause 3.2 and notwithstanding the generality of this clause, the Provider expressly excludes liability for any indirect, special, consequential or economic loss or damage which may arise out of or in relation to the Contract between the Provider and the Customer, whether arising from any failure to produce the Web Presence Report or update the Business Information on the NetTrackz Network in accordance with the Web Presence Report Request Form in a timely manner or at all, or otherwise, and for any loss of profits, revenue, anticipated savings, business, contracts, production or goodwill even if the Provider has been advised as to the possibility of such damages.

3.5. In addition, without limiting the foregoing, the Provider shall not be liable for any loss, damage or delay howsoever arising caused by events which are not reasonably foreseeable or by circumstances outside its reasonable control, including without limitation governmental action, natural disaster, insurrection, riot, explosion, failure of infrastructure or power suppliers, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown, the failure of third parties to provide necessary or desirable services or other reasons which result in the prevention or delay of its performance under the Contract. The Provider shall be excused from such performance to the extent of such prevention or delay.

3.6. Each of the provisions of this clause 3 is to be construed separately and independently of the others, and if any provision of this clause 3 (or any other clause herein) is found by any court or other judicial body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the other provisions of this clause 3 (or any other clause herein) which will remain in full force and effect.

4. Licences, Customer Representations and Indemnification

4.1. The Customer warrants and represents that the Customer is the owner or is licensed to use the Business Information including, without limitation, (i) the names and/or pictures of persons; (ii) any copyright in the material, trademarks, service marks, logos, and/or depictions of trademarked or service marked goods or services, or any other intellectual property rights; and (iii) any testimonials or endorsements submitted to the Provider.

4.2. In addition, the Customer warrants and represents to the Provider that:

  • (i) It has the right to publish all of the contents of the Business Information submitted pursuant to the Web Presence Report Request Form, and can grant to the Provider such right, and that such publication will not: (a) breach the confidence or rights of privacy of, or, without limitation, infringe the copyright, database rights, trademark rights, patent rights, moral rights or any other intellectual property rights of, any third party; or (b) violate any applicable law or regulation;
  • (ii) The Business Information is legal, proper, decent, honest, accurate and socially responsible;
  • (iii) It has complied with the codes of practice issued by the Committee of Advertising Practice in the UK, including, without limitation, the British Code of Advertising, Sales Promotion and Direct Marketing, and all other relevant codes under the general supervision of the Advertising Standards Authority or any other relevant authority;
  • (iv) The Business Information either: (a) does not constitute a financial promotion within the meaning of the Financial Services and Markets Act 2000 ("the Act"); or (b) has been approved by an "authorised person" within the meaning of the Act or is otherwise permitted under the Act or other applicable law and the Customer has expressly notified The Provider in writing of this; and
  • (v) It does not collect or use personal information through its Business Information without permission from the user and shall at all times comply with the Data Protection Act 1998. The Customer may not combine, co-mingle, compare or match any information that it legally collects via its Business Information with any personal information, click-stream or cookie information that it may have.
  • (vi) Where it is required by law that a licence or other express permission is required for it to operate its business and/or to advertise, the Customer is so licensed or permitted and will be throughout the term.

4.3. Further the Customer warrants, represents and undertakes that the Business Information, and any web site linked to by the Customer Links ("Linked Content"):

  • (a) will not contain anything that is indecent, obscene or unlawful;
  • (b) will comply will all applicable law;
  • (c) will not contain any defamatory, false, misleading or untrue material or material which abuses, harasses, threatens or is otherwise offensive to any other person;
  • (d) will not restrict or inhibit any other user from using the Provider website.
  • (e) will not contain any virus or other material likely to harm the Provider website;
  • (f) will not contain any other material which is likely to harm the reputation of the Provider.

4.4. The Customer hereby expressly grants to the Provider:

  • (i) a non-exclusive, world-wide right to use, reproduce, publicly display, and distribute the Business Information and warrants that the Customer has the right to grant such licence;
  • (ii) the express right to reproduce throughout the world screenshots of the Business Information supplied to the Customer by the Provider on or in any promotional or advertising material or campaign promoting or advertising the Provider.

4.5. In consideration of the Provider's acceptance of such Business Information and the terms and promises contained herein the Customer agrees to indemnify and hold the Provider and the Provider's employees harmless against any and all claims actual or of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, breach of any statutory or regulatory duty, false or misleading advertising or breach of any industry advertising codes or sales practices), damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or in connection with:(i) any material to which users are able to be linked through the Business Information, (ii) the Provider's performance under the Contract, and (iii) the copying, printing, distributing, or publishing of the Business Information by the Provider.

4.6. The Customer represents and warrants that it contracts with the Provider as principal, and has the authority to do so, notwithstanding that the Customer may be acting as an advertising agency or media buyer or in some other representative capacity.

5. Copyright and Intellectual Property

The entire copyright and any other intellectual property rights in the Business Information throughout the world (save those licensed to the Provider) shall as between the Provider and the Customer be and remain the exclusive property of the Customer.

6. Use of Data

The Customer hereby agrees and acknowledges that the Provider (or representatives or agents of the Provider) will collect personal data supplied by the Customer, including contact details such as names, addresses, telephone numbers and e-mail addresses, and that the Provider may use and retain any personal data supplied by and relating to the Customer for the purposes set out in this Contract. The Customer agrees that the Provider may use any Customer address or e-mail address for the purpose of contacting the Customer about the Provider's products and services.

7. General

7.1. This Contract, incorporating the Web Presence Report Request Form, these Terms constitutes the entire agreement between the Customer and the Provider in relation to the Product. No addition to or modification of this Contract shall be effective unless it is in writing and signed by a duly authorised representative of both the Customer and the Provider.

7.2. Nothing in the Contract shall create, or be deemed to create, a partnership or joint venture between the Customer and the Provider or the relationship of principal and agent between the Customer and the Provider.

7.3. The Customer may not assign the whole or any part of its rights or obligations under this Contract without the prior written consent of the Provider. The Provider may assign or subcontract the whole or any part of its rights or obligations under this Contract without restrictions.

7.4. No person has any rights under this Contract save as may be set out in it and the parties agree that the Contracts (Right of Third Parties) Act 1999 is excluded.

7.5. This Contract shall be governed by and construed in accordance with English law and the Customer and the Provider submit to the non-exclusive jurisdiction of the English courts.

7.6. The completion and submission of a Web Presence Report Request Form (in whatever form including for the avoidance of doubt an on-line Web Presence Report Request Form) shall amount to an acceptance of these Terms.

7.7. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, and no partial exercise of any right or remedy hereunder shall constitute a waiver of such or any other right or remedy, or the future exercise thereof.