Standard Terms and Conditions
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Outlier Limited for its clients.
Copyright and Trademarks
By providing items of text, graphics, photographs, videos, designs, trademarks or other artwork to Outlier Limited for inclusion in a web design project, the client is guaranteeing that all of these items are owned by the client, or that the client has permission from the rightful owner to use each item. By submitting these items to Outlier Limited, the client will therefore protect and defend Outlier Limited and its subcontractors from any claim or suit arising from the use of such elements furnished by the client. In the case where Outlier Limited provides stock imagery, it is up to the client to ensure that a licence has been purchased by Outlier Limited to use the image(s). The client should also be aware that on occasion in place of licenced images, where a suitable image cannot be found, Outlier Limited may use an unlicensed image solely for demonstration purposes. It is the responsibility of the client to change that image before the website goes live. At all times it is the client’s responsibility to ensure that all text, graphics, photographs, videos, designs, trademarks and other artwork used on the website have licences or permission from the right owner of such work. Outlier Limited will take no liability from consequences that arise from the use of such material.
The delivery of all projects shall be completed upon receipt of the agreed payment terms outlined in the contract which shall be signed and/or agreed to before commencement of the project. Work will not commence until an initial 25% of the total payment has been received by Outlier Limited. Delivery may be accomplished by publishing or electronic transfer. The client assumes all responsibility for the use and functionality of the project. Where the client causes a delay in the delivery of the project, Outlier Limited reserves the right to charge a fee for costs incurred.
Web Design Project Copyright
All content specifically requested by the customer and designed under work for hire shall be the intellectual property of the customer once final payment under this agreement and any additional charges incurred has been paid. Rights to stock photography, photos, graphics, source code, work-up files and computer programmes that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Outlier Limited and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios and to place a simple back link in the footer of the website stating “Website Design by outlier.ie”. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may not be removed without our consent. You may pay Outlier Limited a fee to have this link permanently removed. Should you have a new layout designed for your site by a company other than Outlier Limited, you may remove the credit from your website.
All prices & discounts are indicative and subject to change without notice. Please check with Outlier Limited to confirm a price.
Payments must be made promptly based on the agreed schedule. Outlier Limited reserves the right to remove any web design project from viewing on the internet until final payment is made. Outlier Limited reserve the right to put the project or website on hold if a scheduled payment is not made. Should this cause a delay of the project, it may be subject to a project restart fee. When a payment is overdue from the client and goes beyond a 30 day period, Outlier Limited reserve the right to suspend or stop any services which are being provided to the client. This includes, but is not limited to, support, maintenance, marketing, hosting, domains and hosting of other websites owned by the client. When a payment that is due is outstanding, we will notify the customer by telephone or email. Late payment or overdue payment will be subject to a fee and should we need to involve a debt collecting company to collect the payment on our behalf all associating costs will be passed on to the client. In the case of collection proving necessary, the client agrees to pay all fees incurred by that process. All payments will be made in Euro funds unless agreed upon in writing by both parties. Outlier Limited reserve the right to charge additional for any out of scope work or work that takes longer than expected. Outlier Limited, unless otherwise stated, only allows for two master rounds of revision for any work created. Clients will be provided with an image of their new Homepage, a key internal page of the clients choice and a general content page. Outlier Limited will accept 2 (two) revisions of this design – 1 (one) revision of the design at build and 1 (one) snag list following site launch. Any additional work added to the snag list will incur an additional fee and may incur delays to the completion of the site. Additional revisions will be charged at a fixed price per revision.
Outlier Limited and the client must work together to complete the project in a timely manner. We agree to work diligently to complete all projects within the agreed upon time frame. A project does not officially begin until the client has provided all material needed, after this Outlier Limited will notify the client about planned dates for the beginning of the project. While working on a project, Outlier Limited needs to estimate when to deliver the project. This estimation is based off of previous experience of working on similar projects. On occasion, Outlier Limited will underestimate the amount of work required for a project and therefore will not be able to meet an agreed deadline. In this case a client agrees to hold harmless, protect and defend Outlier Limited from any claim or suit arising from missing the agreed upon deadline. The client agrees that all deadlines, deliverable dates and time frames are estimates only.
Cancellation and Refunds
All contracts are subject to a 30 day written notice period for both parties. Outlier Limited reserves the right to cancel the service at any time with 30 days notice to the client. If a client contravenes the Terms of Service outlined by Outlier Limited a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time with 30 days notice to Outlier Limited. Any incentives offered to customers when opening the account will also be cancelled. Fees charged on a prepay basis or free services are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund unless the service is cancelled by Outlier Limited. In addition some accounts incur set-up fees, these charges are also non-refundable.
Outlier Limited does not warrant the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will Outlier Limited be liable to the client or any third party for any damages, including but not limited to; service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this project, failure of any service provider, of any telecommunications carrier, of any internet servers, your site visitor’s computer or internet software, even if Outlier Limited has been advised of the possibility of such damages. The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend Outlier Limited and its subcontractors from any claim, suit, penalty, tax or tariff arising from the client’s exercise of internet electronic commerce nationally and internationally. Outlier Limited takes no responsibility for the loss of sales, content, information or integrity of private data as a result of third parties gaining unauthorised access to the website in any manner, but will work on behalf of the client to help mitigate the damage caused by such an event.
This agreement constitutes the sole agreement between Outlier Limited and the client regarding a web design or related project. Any additional work not specified in your contract must be authorised by a written request. All prices specified in writing by Outlier Limited to the client will be honoured for 1 month from the date offered. Acknowledgement of agreement after that time will require a review of current pricing and a new agreement. This agreement supersedes any prior written or oral agreements between the parties. Please note that by submitting your deposit or downpayment for our services you are agreeing to all of our terms of service as written here. Outlier Limited reserves the right to change or update these terms at any time without prior notice.