Terms and Conditions
Toucan Professional Web Services Terms of Website Use
Terms of website use
Information about us
www.toucan.pw, www.toucangraphics.com, www.toucanhosting.com, and www.toucanphoto.com are sites operated by Toucan Professional Web Services (“We”). We operate from Scotland, UK. Our Head Office address is 20 Calderhall Avenue, East Calder, Livingston, West Lothian UK EH53 0DJ
Accessing our sites
Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice (see below). We will not be liable if for any reason our sites are unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our sites, or our entire sites, to users who have registered with us.
When using our sites, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our sites for your personal reference and you may draw the attention of others within your organisation to material posted on our sites.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our sites are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of its contents.
Our sites changes regularly
We aim to update our sites regularly, and may change the content at any time. If the need arises, we may suspend access to our sites, or close it indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy. 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 user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or 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, however 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 or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our sites
Transactions concluded through our site
Contracts for the supply of goods OR services OR information formed through our sites or as a result of visits made by you are governed by our terms and conditions of supply.
Uploading material to our sites
Whenever you make use of a feature that allows you to upload material to our sites, or to make contact with other users of our sites, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our sites will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our sites constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our sites.
We have the right to remove any material or posting you make on our sites if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
Viruses, hacking and other offences
You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our sites other than that set out above, please address your request to
Links from our sites
Where our sites contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our sites although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our sites, please contact
Toucan Graphics Terms of Purchasing Our Services
In these conditions, unless the context requires otherwise:
“Buyer” means the company, firm, body or person purchasing the Services from Toucan Graphics.
“Contract” means a contract, subject to these conditions, for the provision of the Services between Toucan Graphics and the Buyer.
“Toucan Graphics” means Toucan Graphics whose business office is at 20 Calderhall Avenue, East Calder, Livingston, West Lothian, UK EH53 0DJ and any subsidiary or agent of Toucan Graphics through which the Services are sold.
“Order” means a purchase order in respect of the Services completed or agreed by the Buyer and submitted to Toucan Graphics, together with all documents referred to in it.
“Quotation” is an agreed piece of work (incorporating these conditions) provided by Toucan Graphics to the Buyer in respect of the Services. No contract will come into existence until Toucan Graphics’s written acceptance or order form has been completed and signed on behalf of the Buyer and the order acknowledgement has been signed on behalf of Toucan Graphics.
“Services” means the subject matter of each Contract between the Buyer and Toucan Graphics, being the work and/or services or any of them to be performed by Toucan Graphics for the Buyer pursuant to the Order. “Standard Form” means Toucan Graphics’s standard form of Order.
A Quotation shall not be binding on Toucan Graphics and a Contract will only come into being upon acceptance by Toucan Graphics of the Order by signing or counter signing the date of the order and returning it to a customer.
The Contract will be subject to these conditions. All terms and conditions appearing or referred to in the Order or otherwise stipulated by the Buyer shall have no effect, unless such Order is in the Standard Form. Any variation to the Contract must be confirmed in writing by Toucan Graphics.
Quotations submitted by Toucan Graphics shall remain open for acceptance by the Buyer for a period of 14 (fourteen) days from the date of the Quotation (unless in the Quotation some other period is specified) or when Toucan Graphics withdraws the Quotation.
These conditions shall, to the extent applicable, apply to goods and products in the same way as they apply to Services. The minimum length of any ongoing Web Site services purchased will be 12 months.
Where the Services are sold by reference to Toucan Graphics’s published price list or tariff structure, the price payable for the Services shall be the ruling price as published in the price list or tariff structure current at the date of purchase.
In other cases, the price for the Services shall be that stated on the relevant Quotation.
Any price changes will take effect from the 1st day of the month and the customer will be notified in writing 7 (seven) days before any price change takes effect.
Terms of Payment
The Buyer shall, at the time of submission of an Order to Toucan Graphics, pay to Toucan Graphics a non-refundable deposit for the Services specified on the Order of 50% of the value shown on the Order (“Deposit”). The Buyer shall not be required to pay a Deposit in respect of Optimisation or Web Hosting services.
Toucan Graphics shall invoice the Buyer for all Services (less any Deposit) immediately on completion of the Web Site. Unless otherwise agreed in writing by Toucan Graphics, invoices shall be payable by the Buyer immediately upon completion of the relevant Web Site to which the invoice relates.
The Buyer shall make all payments due to Toucan Graphics by cheque, PayPal, Credit Card, BACS, or by arranged Direct Debit.
If the Buyer fails to pay any amount due to Toucan Graphics under this Agreement on the relevant due date, default interest at the rate specified by the Late Payment of Commercial Debts (Interest) Act 1998 shall be added to such amount for the period from the day after the due date until the date of receipt (whether before or after judgment) together with any reasonable and proper amounts incurred by Toucan Graphics in seeking to recover such late payment from the Buyer (including, without limitation, legal fees).
Web Site Design
The client unconditionally guarantees that any element of text, graphics or other artwork furnished to Toucan Graphics for inclusion in the web design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Toucan Graphics and it’s subcontractors from any claim or suit arising from the use of such elements furnished by the client.
All creation files remain the intellectual property of Toucan Graphics on completion of a web design project.
Toucan Graphics shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivatives works, and distribute any item from the client’s web pages unless specifically agreed to do otherwise. Further, Toucan Graphics shall be free to use any ideas, concepts, know how or techniques acquired in the construction of web sites for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and any other items incorporating such information unless specifically agreed otherwise.
Web Site Optimisation (SEO)
Whilst Toucan Graphics will try to improve the position of your Web Site in Search Engine results in response to a search request, we do not warrant that this effort is in any way guaranteed. Toucan Graphics cannot be held responsible for any changes to the position of your Web Site in the Search Engine results in response to a search.
Web Site Services
Toucan Graphics are registered Reseller Partners for domain name registration, Web Site hosting and mailboxes through Joker, and Fasthosts. The registration of a domain name, hosting of a Web Site or registering of mailboxes on behalf of the client is subject to the terms and conditions of these businesses on their individual Web Sites. Toucan Graphics will accept no liability for any financial loss resulting from a domain not being renewed.
Toucan Graphics shall have no liability arising from any financial loss arising from any registered mailbox not being available.
A charge of twenty five pounds (£25) per hour or part thereof, up to a maximum of one hundred pounds (£100) will be charged for any domain transfer. A domain will only be transferred if this has been paid, as well as any outstanding balance owed to Toucan Graphics.
E-Commerce Web Site Services
Toucan Graphics supply E-Commerce Services via CubeCart, and WordPress and the client is subject to the terms and conditions of this business on their individual Web Sites. Toucan Graphics will accept no liability for any financial loss resulting from the use of any E-Commerce Web Site.
Toucan Graphics process transactions and do not store credit card details of any credit cards processed. Toucan Graphics charge a 50% deposit before any work is started. This is a non-refundable charge.
Warranty and Limit of Responsibility
Toucan Graphics acknowledges and agrees that it shall perform the Services with reasonable skill and care; and in accordance with good industry practice.
The Buyer acknowledges and agrees that Toucan Graphics shall have no liability to the Buyer in respect of the positioning of the Buyer’s Web Site.
The Buyer’s remedies in respect of any claim under the foregoing express warranty or any condition or warranty implied by law or any other claim in respect of the Services or Web Site or any workmanship in relation to them (whether or not involving negligence on the part of Toucan Graphics) shall, in all cases, be limited to re-performance of the Services or refund of the relevant purchase price.
Toucan Graphics shall not in any circumstances be liable to the Buyer for any indirect or consequential losses or any loss of profits purported to have been suffered by the Buyer.
Toucan Graphics shall not be liable for any failure in the performance of any of its obligations under the agreement caused by factors outside its control.
Delivery & Completion Dates
Toucan Graphics undertakes to use its reasonable endeavours to provide completed Services to the Buyer within 30 days of the date on which Toucan Graphics receives a signed Order from the Buyer.
The dates for carrying out the Services and delivery of any resultant Web Site are approximate only and, unless otherwise expressly stated, time is not of the essence for delivery or performance.
Toucan Graphics will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is as a result of the negligence of Toucan Graphics.
No delay shall entitle the Buyer to reject any delivery or performance or any other Order from the Buyer or to repudiate the Contract or the Order.
Responsibility for approving the Web Site
The Buyer acknowledges and agrees that Toucan Graphics shall produce the Web Site based on information provided to it by the Buyer. It shall be the responsibility of the Buyer (and not Toucan Graphics) to review and approve the content of the Web Site (including, without limitation, the spelling of names and addresses and the accuracy of telephone numbers) at the time of the completion of such Web Site by Toucan Graphics to the Buyer for approval by the Buyer.
Toucan Graphics shall have no liability to the Buyer for any inaccuracies in the Web Site if and to the extent that the Buyer has failed to review and/or approve (or require amendment (as the case may be)) provided to the Buyer by Toucan Graphics pursuant to this Agreement.
Toucan Graphics may terminate the Contract immediately in the event that the Buyer is in breach of its obligations under the Contract and/or the Buyer suffers any event of insolvency or is or becomes unable to pay its debts as they fall due.
Toucan Graphics may at its discretion suspend or terminate the supply of any goods and services if the buyer fails to make any payment when due or otherwise defaults in any of its obligations under the contract or any other agreement with Toucan Graphics or becomes insolvent, has an administrative receiver appointed of its business or is compulsorily or voluntarily wound up or Toucan Graphics bona fide believes that any of those events may occur and in any case of termination may forfeit any monies paid.
Toucan Graphics may by written notice terminate the Agreement immediately and without liability for compensation or damages except as mentioned in this agreement if the Buyer fails to make payment as specified above.
Any contract cancelled during the first twelve (12) months will incur a penalty charge of £200.
Third Party Claims
The Buyer shall indemnify Toucan Graphics and keep Toucan Graphics indemnified from and against any and all actions, costs (including, without limitation, the cost of defending any legal proceedings), claims, proceedings, accounts and damages in respect of any infringement or alleged infringement by a third party of any patent, registered design, unregistered design, design right, copyright, trade mark or other industrial or intellectual property rights resulting from compliance by Toucan Graphics with the Buyer’s instructions, whether express or implied.
Assignment & Sub-Contracting
None of the rights or obligations of the Buyer under the Contract may be assigned or transferred in whole or in part without the prior written consent of Toucan Graphics. The Web Site shall be for the sole use of the Buyer and shall not be capable of assignment to a third party by the Buyer. Toucan Graphics shall be entitled to sub-contract any work relating to the Contract without obtaining the consent of, or giving notice to, the Buyer.
Any notice or other communication to be given under these conditions must be in writing and may be delivered or sent by prepaid first class letter post or facsimile transmission. Any notice or document shall be deemed served: if delivered, at the time of delivery; if posted, 48 hours after posting; and if sent by facsimile transmission, at the time of transmission.
The invalidity, illegality or un-enforceability of any provision of these conditions should not affect the other conditions.
Third Party Rights
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
Law & Jurisdiction
The Contract shall be governed by and construed in all respects in accordance with Scottish law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.