Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your relationship with TotalSoft IT Solutions Ltd ("TotalSoft", "we", "us", "our"), a UK-registered digital agency. These Terms apply to all clients and users of our services, which include:

• Website design and development
• Website hosting and managed services (cloud-hosted on our chosen platform)
• Contact form forwarding via serverless email service
• Facebook / Meta advertising management
• Garage Management Software (SaaS)
• Other SaaS products and software services
• IT consultancy and support

By signing a proposal, paying an invoice, accessing our SaaS products, or otherwise engaging our services, you agree to these Terms. If you do not agree, please do not use our services.

2. Web Design & Development Services

2.1 Project Agreements

All web design and development projects are governed by an agreed proposal or statement of work ("SOW"). The SOW defines the scope, timeline, deliverables, and pricing. Any changes to the agreed scope will require a written change request and may result in additional charges.

2.2 Payment Terms

• A deposit (typically 30–50%) is required before work commences
• Remaining payments are due as per the agreed milestone schedule
• Final payment must be made before the website is handed over or goes live
• Invoices are due within 14 days of issue unless otherwise agreed in writing
• Late payments may attract interest at 8% above the Bank of England base rate per annum under the Late Payment of Commercial Debts Act 1998

2.3 Intellectual Property

Upon receipt of full payment, all bespoke design and code created specifically for your project is transferred to you. We retain the right to display the completed work in our portfolio unless you request otherwise in writing. Third-party assets (fonts, stock images, plugins, frameworks) remain subject to their own licences.

2.4 Client Responsibilities

You are responsible for providing all content (text, images, logos, branding) required for the project in a timely manner. Delays caused by late content delivery may affect project timelines. You confirm that all content provided to us does not infringe any third-party intellectual property rights.

2.5 Revisions & Acceptance

Each project milestone includes a reasonable number of revision rounds as specified in the SOW. Once a stage is approved by the client, we consider it accepted. Additional revisions beyond the agreed rounds are billable at our standard hourly rate.

2.6 Hosting & Maintenance

Unless hosting is explicitly included in your package, you are responsible for arranging your own web hosting. If we provide managed hosting, the terms in Section 3 below apply.

3. Website Hosting & Managed Services

3.1 Service Description

Where you have engaged us to host and manage your website, we will deploy and maintain your website on a reputable cloud hosting platform(such as Cloudflare, Vercel, or similar). This service includes:

• Deployment and hosting of your website on our chosen cloud hosting provider's global network
• Contact form forwarding (where applicable) — submissions are forwarded to your nominated email address and are not stored by us
• Basic uptime monitoring
• Minor content updates as agreed

3.2 Monthly Fee & Direct Debit

The hosting service is charged at £10.00 per month (or such other amount as agreed in writing) collected by direct debitfrom your nominated UK bank account. By agreeing to this service, you:

• Authorise us to collect the monthly fee via direct debit on the same date each month
• Agree to maintain sufficient funds in the nominated account
• Accept that failed payments may result in suspension of the hosting service after 7 days' written notice
• Acknowledge that reinstatement following suspension may incur a reconnection fee

3.3 Cancellation & Notice Period

Either party may cancel the hosting service by giving 30 days' written notice via email to info@totalsoft.co.uk.

• Hosting continues until the end of the 30-day notice period
• No refund is given for partial months
• Upon cancellation, we will provide you with your website files (code and assets) within 14 days
• You will need to arrange alternative hosting before we take down your site

3.4 Domain Names

Domain names are registered in your name and remain your property. If we manage your domain on your behalf, we will transfer control to you upon request. We are not liable for domain name expiry where you have not kept your contact details current with the domain registrar.

3.5 Hosting Infrastructure

Your website is hosted on our chosen hosting provider's infrastructure. While we endeavour to maintain uptime, we are dependent on that provider's platform availability. We are not liable for outages, degraded performance, or interruptions caused by any third-party infrastructure provider. We will notify you of any material change in the hosting platform we use.

3.6 Contact Form Forwarding — Data Processing

Where your website includes a contact form, we operate an email forwarding service that receives submitted form data (such as name, email, phone, and message) and forwards it directly to your nominated email address. In doing so:

• We act as a data processor on your behalf; you remain the data controller
• Form submissions are forwarded in real time and are not stored by us beyond delivery
• Our infrastructure provider acts as a sub-processor; their data processing terms apply
• You are responsible for ensuring your website's privacy policy informs users that their data will be processed and emailed to you
• This arrangement constitutes a Data Processing Agreement (DPA) under UK GDPR Article 28 — a full written DPA is available on request

3.7 Website Content Responsibility

You are solely responsible for the content published on your website. You confirm that your website content is lawful, does not infringe third-party rights, and complies with all applicable UK laws including consumer protection, advertising standards, and data protection regulations. We reserve the right to suspend hosting immediately if your website is used for unlawful purposes.

4. Facebook / Meta Advertising Services

3.1 Ad Management

When you engage us to manage advertising campaigns on Meta platforms (Facebook, Instagram), we will create, manage, and optimise campaigns on your behalf. You must have an active Meta Business Manager account and grant us appropriate access.

3.2 Ad Spend

Your advertising budget ("ad spend") is paid directly to Meta and is entirely separate from our management fees. You authorise Meta to charge your nominated payment method. TotalSoft is not responsible for charges made by Meta.

3.3 Results Disclaimer

3.4 Policy Compliance

You agree that all products, services, and content advertised comply with Meta's Advertising Policies. We reserve the right to refuse to create or run ads that we believe violate these policies or are misleading, harmful, or unlawful.

3.5 Access & Ownership

All ad accounts, pages, and pixels belong to you. Upon termination, we will relinquish access to your accounts. You retain full ownership of all your Meta assets and historical data.

5. Garage Management Software (SaaS)

4.1 Subscription

Access to the Garage Management Software is provided on a subscription basis. Subscription fees are billed monthly or annually as agreed. Your subscription continues until cancelled. We reserve the right to modify pricing with 30 days' prior written notice.

4.2 Acceptable Use

You agree to use the software only for lawful business purposes. You must not:

• Attempt to access other users' data or accounts
• Reverse engineer, decompile, or copy the software
• Use the platform to store or process data in violation of applicable law
• Share your login credentials with unauthorised third parties
• Use automated scripts or bots to access the platform excessively

4.3 Your Data

You own all data you input into the Garage Management Software. We act as a data processor on your behalf. We will not access, use, or share your business data except as necessary to provide the service or as required by law. Upon cancellation, you may export your data. Data is deleted within 30 days of account closure.

4.4 Uptime & Availability

We aim to maintain 99.5% uptime but do not guarantee uninterrupted availability. Scheduled maintenance will be communicated in advance where possible. We are not liable for losses arising from downtime.

4.5 Cancellation

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds are provided for unused portions of a billing period. We reserve the right to suspend or terminate accounts for breach of these Terms.

6. Other SaaS Products & Software Services

Any other SaaS products provided by TotalSoft IT Solutions are governed by these general Terms, supplemented by any product-specific terms provided at sign-up. Where there is a conflict, product-specific terms prevail. Contact us for a product-specific Data Processing Agreement (DPA) if required.

7. Confidentiality

Both parties agree to keep confidential any business, technical, or financial information disclosed during the course of engagement that is not publicly known. This obligation survives termination of the relationship for 3 years.

8. Limitation of Liability

We are not liable for any:

• Loss of profits, revenue, or anticipated savings
• Loss of business or contracts
• Loss of data or corruption of data
• Indirect, special, or consequential losses
• Losses arising from events outside our reasonable control (force majeure)

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.

9. Indemnification

You agree to indemnify and hold TotalSoft IT Solutions harmless from any claims, losses, damages, or costs (including legal fees) arising from: your breach of these Terms; your use of our services in an unlawful manner; content you provide to us that infringes third-party rights; or your violation of Meta's or any other third-party platform's policies.

10. Termination

Either party may terminate a project or service engagement with written notice as specified in the relevant SOW or subscription agreement. Upon termination:

• All outstanding fees become immediately due and payable
• We will cease work and return any client materials
• IP transfers only occur upon full payment being received
• SaaS data will be made available for export for 30 days after termination

11. Governing Law & Disputes

These Terms and any disputes arising from them are governed by the laws of England and Wales. Any disputes that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days.

12. Changes to These Terms

We may update these Terms from time to time. We will notify existing clients of material changes via email or notice on our website. Continued use of our services after changes take effect constitutes your acceptance of the revised Terms.

13. Contact Us

For questions about these Terms: