Terms of Business

Please see sections below:

Design & Print

Web Development

Social Media Marketing

Photography

Digital Display Solutions

Design & Print

  1. General

These terms and conditions of trading (referred only as “Terms” from here on):

  • are written in plain and easy-to-understand English and should be read using the ordinary everyday meaning;
  • should not be construed in any way as to try and give a word, phrase or expression a different meaning to the ordinary everyday meaning;
  • are a complete and exclusive statement of the agreement between Outstanding® and the Customer for Outstanding® to supply goods or services from time to time to the Customer;
  • supersede all understandings or prior agreements, whether written or oral, and all representations or other communications;
  • apply whenever business is conducted between you and us;
  • In no way confer on any third party the right to enforce any of the Terms of this agreement in accordance with the Contracts (Rights of Third Parties) Act 1999.

 

Outstanding® provides trade printing and pre-press services and other products to its customers in the printing and graphic arts industry. If you become our Customer and you are not in the print and graphic arts industry, It is your responsibility to become fully aware of this industry and its processes and limitations.

The relationship between the Customer and Outstanding® is professional in nature and the Customer is therefore deemed to be knowledgeable about the technical aspects of the printing industry and its systems, procedures, practices, processes, and limitations. The Customer has an obligation to ensure that it and its employees or agents are sufficiently knowledgeable about such matters and cannot rely on ignorance or doubt as a defence in any dispute or question that may arise.

Any handwritten or typed amendments (or any other defacement) to these Terms do not form part of these Terms nor an amendment to them and must be disregarded in their entirety.

Headings within these Terms are for guidance and do not imply any more than what is within the text of these Terms.

 

  1. Definitions

The following words and phrases have special meanings in these Terms:

  • “Outstanding®”, “the Company”. “We”, “us” or “our” refers to Outstanding®, its subsidiaries and divisions, including any other person or company acting as an authorised representative or lawful agent of Outstanding®:
  • “Customer”, “you” or “your” refers to the person, business or company from whom orders for the supply of goods or services are received and with whom Outstanding® enter into a lawfully binding contract,
  • “a periodical” is a publication that is issued in a series (usually, but not necessarily, on a regular basis), such as a weekly, bi-weekly, monthly, quarterly or six-monthly magazine;
  • “suitable for the purpose intended” shall include ensuring that a computer file is of the correct format and correct type for its intended use. For example, colour bitmap images must be supplied as “cmyk tiffs”; therefore *rgb tiffs” or “ipeg” files are not “suitable for the purpose intended”

 

  1. Variations

Variations to these Terms:

  • may only be made if we expressly notify you in writing of a variation to this complete and exclusive agreement;
  • shall not apply to any order that is in progress
  • Any proposed alternative terms, conditions or a proposal to vary these Terms in any form submitted by you (for example, on your purchase order) shall not be valid, nor shall any action by us (including the acceptance of an order purporting to be in accordance with any other terms or conditions) be construed as meaning that any alternative terms or conditions have been accepted.

 

  1. Periodical publications

If we have agreed in writing to print a periodical publication:

  • we shall produce that periodical for an agreed minimum (or fixed) period;
  • neither party shall be able to give notice to terminate the contract during that minimum or fixed period;
  • after the minimum or fixed period either party shall be able to terminate the contract by giving the required written notice. Notice required to terminate the contract shall be one month in the case of periodicals published monthly or more frequently, or three months (or at least one issue) in all other cases.

 

If there are any sums due or payable by you to us that remain unpaid and overdue or if you have exceeded a credit limit applied to your account and that credit limit has been notified to you:

  • we may terminate or suspend the execution of any contract for the printing of periodicals by giving you written notice until such time as you pay all sums outstanding:
  • you shall not be permitted to have the periodical printed elsewhere without our written consent; you shall compensate us for all losses, costs and loss of revenue that arise as a result of the contract being suspended or terminated by us;
  • you may not give notice to terminate the contract.

 

  1. Price, estimates and orders

We will:

  • provide you with an estimate of the price to be charged for a particular order if you request one before an order is placed;
  • provide such estimates based on our current costs of production;
  • try to ensure that an estimate is valid for 28 days, although we may amend any estimate if it is necessary to do so.

It is your sole responsibility to:

  • request an estimate before placing an order:
  • confirm any price before placing an order and to eliminate any doubts you may have over the accuracy of any price before placing an order (including prices printed in any literature or published electronically).

 

If, however, a price has not been expressly agreed at or before the time an order is placed, we shall charge you in accordance with our normal pricing structure and you shall not subsequently dispute the price charged. Estimates that we supply are not offers to enter into legally binding contracts, but are merely indications of the price that we charge to undertake a particular type of work. It is your sole responsibility to ensure that the specification or description of the product or service that you are ordering is correct and will meet your requirements. We are not responsible for checking whether or not the product or service that you have asked us to supply is suitable for your own purposes.

 

  1. VAT and other taxes

All charges, estimates given and orders accepted are on a basis that they exclude Value Added Tax (VAT) or any other taxes, duties, royalties and any other charges imposed by legislation. If any such tax, duty, royalty or charge becomes payable on the sales price, we shall have the right to charge that amount.

 

  1. Payment terms and late payment charges

You must:

  • pay all amounts by the date they become due;
  • not exceed any credit limit that we may apply to your account from time to time;
  • make regular progress or stage payments on any order that takes longer than 28 days to complete;
  • pay a charge equivalent to interest on amounts that are unpaid by their due date at a simple interest rate of 24% per annum and calculated on a dally basis from the date of despatch of the goods or the date on which the goods were made available for collection;
  • pay a charge of £25 for your each and every payment by cheque that is returned to us unpaid by your bank.

 

At our sole discretion, we may insist that you:

  • pay a deposit or the full amount when the order is placed or at some time before the goods are delivered or collected;
  • make a payment to ensure that you do not exceed any credit limit that may be applied to your account (which shall include orders placed but not yet invoiced).

We may:

  • notify you from time to time of any changes to the dates by which amounts will become due, although any change will not apply to amounts already outstanding:
  • add a finance charge to the total value of any invoice representing the interest that would accrue should that invoice be paid one month after its due date.

 

However, if we do so we shall offer a cash discount of an equal amount to the finance charge if you pay the invoice by its due date.

You shall indemnify us for the costs involved in pursuing any legal or debt collection actions against you (including taking the advice of a solicitor or barrister, charges made by a debt recovery agency, any bailiff costs or time spent and costs incurred by our employees and/or partners in preparing and pursuing that legal action) to recover monies owed by you or from any third party who has given a guarantee or indemnity against any amounts owed by you. You also agree that any legal proceedings shall be dealt with by an appropriate Court of Law whose geographical location shall be of our choosing and which shall be within the locality of one of our offices or places of business.

 

  1. Cancellation of orders

If you cancel an order after we have commenced work on it, you shall be charged the full order value or such lower amount as we may (in our sole discretion) determine.

 

  1. Preliminary work

You may request that we carry out some form of preliminary work before agreeing to place a firm order. All work carried out at your request, whether experimentally or otherwise, shall be charged at our normal rates. Such work is chargeable whether or not a prior estimate of the price of such work was given to you.

 

  1. Print-ready copy, computer files and viruses

You must ensure that:

  • copy or artwork supplied to us in “print-ready” or final format is clear, legible, suitable for its intended purpose and in accordance with any specification that we may have published or notified to you;
  • computer files supplied to us to be used in the production of artwork and/or printed work are suitable for the purpose for which they are intended, and that you “pre-flight” and thoroughly check those files to ensure their suitability. Your lack of knowledge of file types and file formats or any such excuse is not sufficient reason for supplying computer files which are not suitable for the purpose intended; We will charge you for any additional work which we deem necessary where copy, artwork or files are not suitable for the purpose intended, whether supplied to us directly by you or by a third-party on your behalf.

 

You must also ensure that:

  • any disks or files supplied are free from computer viruses and you shall ‘virus check’ all files before supplying these to us. This applies whether the files are supplied on computer disk, tape, by direct data transfer or via the Internet.

You will indemnify us against:

  • the cost of any loss of, damage to, and restoration of any of our data or computer systems caused by a virus, together with the costs of removing such virus(es);
  • any claims, costs and expenses arising from the infection with such a virus, including any amounts paid on a lawyer or solicitor’s advice in the settlement of any claim (including with a third party to whom a virus may have spread).

 

  1. Proofs and artwork

You are responsible for:

  • clearly, concisely, specifically and adequately conveying your requirements to us;
  • ensuring that any originated artwork is suitable and adequate for your needs and purposes;
  • thoroughly, properly and completely checking any proof for errors or omissions;
  • clearly marking any necessary amendments on a proof;
  • giving us your complete and absolute approval of a proof in a written form that has been approved by us;
  • giving us authority to proceed to print your work.

 

If you inform us in writing that you intend to waive the right to receive a proof (and we agree that a proof will not be provided), we shall incur no liability whatsoever for any errors not corrected prior to printing.

After we have submitted a proof, we may charge extra if:

  • you make alterations or changes to the original concept design or content, and these changes necessitate additional work by us;
  • you change the style, type or layout if you had previously left it to our judgement and discretion;
  • you ask us to supply additional proofs.

 

  1. Right of First Refusal

You shall not accept third-party offers related to any materials Outstanding® have designed or developed by entering into a specified transaction, without first offering the terms proposed by the third party to us (Outstanding®).

 

  1. Copyright, working materials and customer’s property

We shall:

  • Exclusively own the copyright in any artwork produced by us, including the copyright in the way in which a work is presented or designed and in the content material in any work where that content has been created by us (this excludes artwork created by you where we merely make amendments or alterations to that artwork at your request and where those amendments or alterations are slight or incidental in nature and do not change the substance of the original design):
  • exclusively own all working materials (files, disks, papers, bromides, plates etc) used to create or maintain work that we have undertaken for you;
  • conditionally license you to use, reproduce or reprint a design or work that we have undertaken for you and for which we own the copyright;
  • be permitted to use a facsimile or copy of your work in any promotional material that is produced with the sole intention of furthering our business.
  • Unless you expressly request otherwise, we may include copies of such work with any promotional material that is distributed to third parties, but we shall not re-sell your work.

 

We shall not:

  • own the copyright in the content of any material not created by us;
  • own the copyright in any proprietary logos, text, illustrations or photographs supplied to us by yourselves or other third-party copyright holders.
  • be obliged at any time to give our working materials (files, disks, papers, bromides, plates, or any other items), or a copy of them to you;
  • be obliged to maintain copies of artwork or work that we have undertaken for you either in a computerised format or in a hard copy format.

 

You shall:

  • not use a copyright design or work that we have undertaken for you to produce a new or subsequent issue (or an amended past issue) without our prior written permission;
  • be responsible for obtaining all necessary authorities to reproduce pictures, photographs, artwork, or similar, and you shall indemnify us and our agents from any liability that may arise from any claim arising thereof.

 

All property supplied by you to us shall, while it is in our possession or is in transit to or from you or your premises, be deemed to be at your risk. This shall include property belonging to a third party that you have loaned to us. Whilst every care is taken, neither our agents nor us can accept any responsibility or liability for loss or damage to artwork, photographs, transparencies, or other items.

 

  1. Illegal or unlawful matter

We shall:

  • not be required to print any matter which, in our opinion, is or may be of an illegal or libellous nature, an infringement of the proprietary or other rights of any third party (whether or not this fact was or is known at the time of acceptance of the order), or which may be prejudicial or detrimental to the good of our business;
  • be indemnified by you in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, and design or of any other proprietary rights contained in any material printed, or work undertaken, for you. The indemnity shall extend to any amounts paid on a lawyer or solicitor’s advice in settlement of any claim.

 

  1. Company imprint

We shall not append our imprint to any artwork if you have supplied that artwork digitally in its final form. If we undertake artwork or origination work for you.

We shall not append our imprint to any work unless you specifically request otherwise. If any work is required by law to carry the imprint of the printer it shall be for you to make sure that any regulations or requirements are properly and fully met. You shall indemnify us for any failure to notify us of this obligation.

 

 

  1. Quantities

We shall make every endeavour to deliver the correct quantity ordered by you, although because of the processes involved we may sometimes be unable to supply the exact number of copies of any item requested.

If we are unable to supply the correct quantity ordered by you, supply no less than 95 per cent of the quantity for work in one ink colour only and 90 per cent for other work, we shall deduct an amount from the agreed price in respect of any shortage, to be calculated in accordance with the methods employed to obtain the original order value and taking into account fixed and variable cost elements of that

calculation.

 

  1. Materials supplied by you

If you supply any materials (paper, plates, and so on) to be used in the production process, we may:

  • reject any of those materials supplied or specified by you that appear to us to be unsuitable;
  • charge for additional costs incurred if materials are found to be unsuitable during production.
  • We will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials supplied or specified.
  • Materials supplied shall be in quantities as we shall agree with you, but must always be adequate to cover both normal and possible abnormal spoilage during the printing process.
  • Materials that are not used shall be returned to you when the job is complete and, where possible, shall be in the same state and condition as when they were originally supplied to us by you.
  • You shall pay any additional carriage charges that we have to incur to return those unused materials to you.

 

  1. Quality of work

In accordance with the Sale of Goods Act we must supply goods that are of a “satisfactory quality”.

This is defined by the Act as being a “standard that a reasonable person would regard as satisfactory, taking account of the description of the goods, the price (if relevant) and all the other relating circumstances…the quality of goods includes their state and condition and the fitness for all the purposes for which goods of the kind in question are commonly supplied [and their] appearance and finish.

You shall:

  • make sure that the work produced by us in general is of a standard that is acceptable to you before you enter into any contract with us;
  • ask to be given samples of similar work produced by us and materials used to help you assure yourself of the standard of our work:
  • be entitled to reject any work that is clearly defective, sub-standard and which does not comply with the requirements of the Sale of Goods Act as regards the description and the quality or fitness of those goods, although you shall not reject goods in any instance where the goods are not of a “satisfactory quality”, when that failure is so slight that it is not reasonable to reject them.

You shall not be entitled to:

  • reject any work because, in your opinion or in the opinion of another third party, the standard of our work produced may not be similar to that of any other particular printer;
  • reject goods in cases where you have supplied copy, artwork or computer files which were not “suitable for the purpose intended” and where we did not realise that those files were not suitable before the printing or production of the goods; The use by you of any of the goods or work supplied, or any part of those goods or work, shall constitute your full acceptance of the goods or work. You may not then reject those goods at a later date, and any earlier rejection shall be deemed to have been withdrawn.

 

  1. Delivery or collection of goods

If we are required to deliver goods we shall:

  • despatch the goods within a reasonable time after the work is completed;
  • reasonably ensure that the carrier, the method of carriage and how the goods are prepared or packaged for carriage are suitable such that the goods shall not be lost or damaged in normal transit.

 

If we are required to deliver goods you shall:

  • accept delivery of goods when tendered;
  • be charged for that delivery unless the price agreed for the work includes delivery charges, although you shall always be charged extra for expedited delivery or for delivery to more than one address;
  • ensure that the goods are adequately insured during transit, although if you so desire we will arrange such insurance with the carrier on the your behalf but in doing so we will be deemed to be acting as your agent;
  • indemnify us for any loss as a result of any failure by you to take delivery when tendered (this does not affect our right where your neglect or refusal to take delivery of the goods amounts to a repudiation of the contract).

 

For the purposes of the Sale of Goods Act:

  • carriage arranged by us shall be on your behalf and delivery to you is deemed to have been made (for the purposes of the Act) when we give the goods to a carrier;
  • the place of delivery shall be our premises at which the finished goods are made ready for collection or despatch. If we are not required to deliver goods, you shall collect the goods from our premises upon notification that they are complete.
  • In some cases, it may be necessary for us to make the goods available for collection or delivery in instalments, and you shall accept the goods in such instalments when tendered.

 

Please note that you will be liable for storage charges should you fail to collect the goods from our premises upon notification or you fail to take delivery where we are required to deliver the goods to you. Storage charges will be based on £45 (excluding VAT) per cubic metre (or part cubic metre) per week (or part week).

 

  1. Liability arising from delay
  • We shall not be liable for any loss (whether actual, consequential or third party) arising from delay in the performance of any order or of finished goods in transit.
  • Time shall not be the essence of any order notwithstanding any action by us that purports to guarantee a delivery or collection time or date.
  • Time-sensitive or dated material does not in itself make time the essence of any contract, and you have a responsibility to allow sufficient “slack time” when you place any order to allow for any delay that may occur.

 

  1. Claims and queries

All claims and queries:

  • regarding the goods supplied (including shortages, errors, and so on) must be made by you in writing in a form specifically approved by us, and must be submitted to us within three working days of the date of delivery or collection;
  • regarding an invoice must be made by you within ten working days of invoice date, and queries regarding non-delivery must be made by you within five working days of the invoice date;
  • will not normally be entertained unless they are made within these time limits;
  • may only be made outside these time limits in instances where it is not possible for you to comply with the notice requirements provided that advice (where required) is given to us and the claim is made as soon as reasonably possible.
  • The inability to check the goods supplied by reason of lack or insufficient manpower or suitably qualified or authorised personnel within your organisation is not a valid reason not to comply with these time limits.

 

If you have the right to reject any goods:

  • you must firstly obtain our written consent and then return those goods in their entirety to us at your expense within five working days;
  • returning goods without consent shall in no way extinguish or reduce your liability to us for full payment of the goods and for late payment charges and interest.
  • We shall not be liable in respect of any claim unless the notification requirements above have been complied with.
  • In addition, any claim or counterclaim made against us in a Court of Law must be commenced by you within six months of the date on which we provided a service to you, dispatched goods to you or on which goods were made available for collection.

 

  1. Reservation of title

Title on any goods supplied shall only pass to you when paid for in full, taking into account any charges and interest relating to late payment.

Until title to the goods passes you shall:

  • keep the goods secure, in good condition and adequately insured;
  • not use the goods supplied to form part of, or be used in the manufacture of, any other product not specified by us in writing:
  • keep the goods separately in such a way that they may be identified or retrieved

 

If you subsequently sell the goods:

  • you will be acting as our agent subject to these terms;
  • we shall have a lien over the money(s) resulting from such sale; digital or otherwise), transparency(les) or previous printed work and the final printed article because of the processes involved.

You must:

  • ensure that colour photograph(s) (whether digital or otherwise), artwork (whether digital or otherwise) or transparency(les) that are submitted are suitable for the work in hand as we cannot accept any liability for unsatisfactory results caused by unsuitable or inferior originals whether you have supplied these digitally or otherwise; order a lithographic colour proof, in writing.
  • When placing an order and you require colour reproduction of a specific standard you should inform us in writing if you wish to check the colour reproduction prior to printing, but please note that this will be charged as an extra.

 

  1. Force majeure

We shall be under no liability if we are unable to carry out any provision of a contract for any reason beyond our control, including (without limiting the foregoing):

  • acts of God, legislation, war, fire, flood, draught, fallure of power supply, mechanical breakdown, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute, or an inability to procure materials required for the performance of the contract. During the continuance of such a contingency, you may by written notice elect to terminate the contract but you shall pay for work done and materials used or specially purchased, but subject thereto shall otherwise accept delivery if and when available.

 

  1. Insolvency or bankruptcy of customer

Without prejudice to other remedies, we shall have the right not to proceed further with any order and be entitled to charge for work already carried out (whether completed or not) and materials purchased for you if:

  • you cease to pay your debts in the ordinary course of business or cannot pay your debts as they become due; or
  • being a company, you are deemed to be unable to pay your debts, or have an administration order or a winding-up petition issued against you; or
  • being an individual, partnership or unincorporated body, you commit an act of bankruptcy or have a bankruptcy petition issued against you.
  • This charge shall be an immediate debt due to us.

 

  1. Revisions or changes

From time to time we may make revisions or changes to these Terms.

However, any revisions or changes will only apply to orders placed after the date shown at the end of these terms.

Our previous Terms will apply to any orders placed before that date.

 

  1. Applicable law

These Terms, and any orders placed with us, shall be made, and construed, in accordance with, and governed by, the Law of England.

Web Development

The following terms and conditions apply to all services provided by Outstanding® to the Client.

 

Definitions

The Client: The company or individual requesting the services of Outstanding®.

Outstanding®: Primary designer & developer.

The Project: Web design, software development, marketing services or other computer-related services being provided to the Client by Outstanding®

Project Completion: Completion of components outlined in project breakdown.

Launch: Upload to the server or release of materials to the Client.

 

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply.

 

If a Client accepts a quote, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

 

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

 

Agreement

Outstanding® will carry out work only where an agreement is provided either by email, telephone, mail or other form of communication.

 

An ‘order’ is deemed to be a written or verbal contract between Outstanding® and the client, this includes telephone and email agreements.

 

Please ensure that you read the project design, breakdown, quote, and terms & conditions properly and that all details of the work are included, understood, and mutually agreed on.

 

Timeframes

Unless otherwise agreed upon with the client, the timescale for completion of work may vary and can take from 1 to 6 months after approval of design and plan, depending on the scale of the work.

 

Timeframes for the project will be discussed with the client, before the project commences.

 

Outstanding® will do their best to complete the project as soon as reasonably possible. For a high standard of quality to be produced, please allow sufficient time for the project to be completed.

 

Content

During the project, Outstanding® will require the Client to provide website content; text, images, movies and sound files. Outstanding® is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that the Client’s work is completed at the time arranged.

 

This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

 

If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

 

If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.

 

Please Note: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

 

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format.

 

Although every reasonable attempt shall be made by Outstanding® to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

 

Web Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Outstanding® cannot accept responsibility for any losses incurred due to malfunction, the website, or any part of it.

 

The website, graphics and any programming code remain the property of Outstanding® until all outstanding accounts are paid in full, unless provided by the client previously.

 

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Outstanding® remain the copyright of Outstanding® and may only be commercially reproduced or resold with the permission of Outstanding®.

 

Outstanding® cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

 

Any additions to the brief will be carried out at the discretion of Outstanding® and where no charge is made by Outstanding® for such additions, Outstanding® accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

 

The client agrees to make available as soon as is reasonably possible to Outstanding® all materials required to complete the site to the agreed standard and within the set deadline.

 

Outstanding® will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

 

Outstanding® will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

 

Outstanding® will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients’ appointed agents.

 

Outstanding® will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software, or any material provided by its agents.

 

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e., if the client decides they no longer want the site, as they have commissioned the work and paid a deposit, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.

 

Database, Application and E-Commerce Development

Outstanding® cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

 

Where applications or sites are developed on servers not recommended by Outstanding®, the client is expected to provide or seek any information, additional software, support, or co-operation pertaining to the server required for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

 

The client is expected to test fully any application or programming relating to a site developed by Outstanding® before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Outstanding® will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

 

Charges

Charges for services to be provided by Outstanding® are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of thirty (30) days.

 

Outstanding® reserves the right to alter or decline to provide a quotation after expiry of the thirty (30) days. Prices quoted are only an estimate and may be subject to change during the process of design and build.

 

This can be caused by the client choosing to amend any aspect of their requirements or any third-party costs which occur beyond Outstanding®’s control.

 

Any charges incurred by international payments or international bank transfers are not the responsibility of Outstanding®. Therefore, any such charges must be paid, by the client, in addition to the amounts invoiced by Outstanding®. Consequently, Outstanding® does not accept ‘shared charges’ for international bank transfers or international payments.

 

Payment of Accounts

Unless agreed otherwise with the Client, for projects under £1000 full payment is required before work begins on the project.

 

For all projects over £1000, payment is required in three stages:

  • An advance payment of a minimum of fifty (50) percent of the project quotation total is required when the initial quote is agreed upon and before the project commences. Payment for third-party software and services, such as: web hosting and domain names, may also be required in full at this stage.
  • A further twenty-five (25) percent is required after the client reviews the initial project build on a test server or other suitable environment, and before any amendments are made.
  • The remaining twenty-five (25) percent of the project quotation total is required upon completion of the work, prior to upload to the server, release of materials or ‘launch’ of the website. The project is deemed completed once all the components in the project breakdown are completed.

Any additions or amendments outside of the project breakdown, which are required by the client, will not extend the deadline of the payment of the remaining balance.

 

Any delays to the estimated project timeframe which are caused by the client, will not extend the deadline of the payment of the remaining balance. Any delays to project completion which are caused by the client, will not extend the deadline of the payment of the remaining balance.

 

Payment for services is due by bank transfer. Bank details will be made available on invoices.

 

Invoices will be provided by Outstanding® upon completion but before publishing the live project.

Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.

 

It is the Outstanding® policy that any outstanding accounts for work carried out by Outstanding® are required to be paid in full, no later than seven (7) days from the date of the invoice unless by prior arrangement with Outstanding®.

 

Accounts that remain unpaid fourteen (14) days after the date of the invoice will incur a service charge in the amount of the higher of one and one-half percent (1.5%) or £30 per month of the total amount due.

We will contact clients via email and telephone to remind them of such payments if they are not received when due.

 

If accounts are not settled or Outstanding® have not been contacted regarding the delay, access to the related website may be denied, work carried out removed and web pages removed, we will then pass such cases to the court to pursue payment, non-payment can result in court judgements being added to the client’s credit rating.

 

Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be, to seek payment through legal procedures, and if necessary, court summons.

 

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default.

 

If the Client in default maintains any information or files on Outstanding®’s Web space, Outstanding® will, at its discretion, remove all such material from its web space.

 

Outstanding® is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.

 

Clients with accounts in default agree to pay Outstanding® reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Outstanding® in enforcing these Terms and Conditions.

 

Client Review

Outstanding® will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall project development is completed, but before upload to a server or release of the materials to the Client.

 

The client must inform Outstanding® of any amendments required within 7 days of design completion and within 7 days of project development completion. At the completion of the project, such materials will be deemed to be accepted and approved.

 

Additional Work and Expenses

If the client would like design mock-ups of their project before the project commences, this service can be provided for an additional cost.

 

Please confirm immediately if any changes need to be made to the project breakdown and quote given. Any changes made after approval of the quote, including designs and any other material will incur a further charge.

 

Any additional work required by the Client on a previously completed project, will be considered as a separate project, and will therefore incur charges of its own.

 

Client agrees to reimburse Outstanding® for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, plugins etc.

 

Web Browsers

Outstanding® makes every effort to ensure websites are designed to be viewed by most visitors. Websites are designed to work with the most popular current browsers (e.g., Mozilla Firefox, Microsoft Edge, Google Chrome, Safari etc.).

 

Client agrees that Outstanding® cannot guarantee correct functionality with all browser software across different operating systems.

 

Outstanding® cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Outstanding® reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

 

Passing of Rights

Once all amounts due to Outstanding® from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.

 

No such rights as described in above will pass until all amounts due to Outstanding® are paid. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.

 

The rights to photographs, graphics, and any third-party items such as source code, always remain the property of their respective owners.

 

Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain the property of Outstanding® and we retain full ownership rights and all intellectual property rights.

 

You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer, or gift of the whole or of any part of any item, data, or anything whatsoever that we own.

 

You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership.

 

Design Credit

A link to Outstanding® will appear in either small type or by a small graphic at the bottom of the Client’s website.

 

If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied.

 

When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the website developed for the Client may be presented in Outstanding®’s portfolio and other marketing material.

 

Access Requirements

If the Client’s website is to be installed on a third-party server, Outstanding® must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP.

Depending on the specific nature of the project, other resources might also need to be configured on the server.

 

Post-Placement Alterations

Outstanding® cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.

 

Domain Names, Website Hosting & Other Subscription Services

Outstanding® may purchase domain names, website hosting or other subscription services, on behalf of the Client. Payment and renewal of those domain names, website hosting, and other subscription services is the responsibility of the Client.

 

The loss, cancellation or otherwise of the domain name, website hosting or other subscription services, brought about by non or late payment is not the responsibility of Outstanding®. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

 

Abuse

We may limit or deny your access to support or terminate services if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or services, or abuse of Outstanding® team members.

 

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice.

 

Telephone requests for termination of services will not be honoured until and unless confirmed in writing.

 

The Client will be invoiced for project work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

 

If the client has paid in advance, no refunds will be issued for the project work which has already been completed to the date of the first notice of cancellation or termination.

 

Termination of services by the Client, may also incur additional charges, such as: the cost of transferring website hosting, domain names or other services away from Outstanding® to another provider.

General

These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.

 

Payment is an acceptance of our terms and conditions.

 

Liability

Outstanding® hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy.
  • Loss or damage caused by omission.
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website.
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Outstanding® to the Client in respect of any claim whatsoever or breach of this Agreement, whether arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone.

 

Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid provision.

 

Privacy Policy

Outstanding® is committed to safeguarding your privacy. Contact us at info@standoutnow.co.uk if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you. By using this site or/and our services, you consent to the Processing of your Personal Data as described in this Privacy Policy. This Privacy Policy is a part of our Terms and Conditions; by agreeing to Terms and Conditions you also agree to this Policy. In the event of collision of terms used in Terms and Conditions and Privacy Policy, the latter shall prevail.

 

Governing Law

This Agreement shall be governed by English Law.

 

Social Media Marketing

These are the terms and conditions agreed in the Social Media Marketing Agreement between the Company and the Client as defined below

BETWEEN:

  1. Outstanding® a company registered in England and Wales (“the Company”) and
  2. the person, body or company requesting the services of Outstanding®.

WHEREAS:

  1. The Client wishes to improve its presence on social media.
  2. Outstanding® is engaged in the business of providing social media marketing services.
  3. The Client hereby engages Outstanding®, and Outstanding® hereby accepts such engagement to provide the Social Media Marketing Services as described herein, subject to and in accordance with the terms and conditions of this Agreement.

IT IS AGREED as follows:

Definitions and Interpretation

In these Terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Business means, any day (other than Day” Saturday or Sunday) on which

ordinary banks are open for their full range of normal business in England between 9am and 5pm except occasionally when closed for training or similar;

“Client Materials” means any and all materials, including but not limited to Photographs, Video, Quotes, Sales materials, technical specifications, which the Client may provide to the Company for use in its provision of the Social Media Marketing Services;

“Confidential Information” means, in relation to either Party, information which is disclosed to that Party by the other Party pursuant to or in connection with these Terms and conditions (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);

“Intellectual Property Rights” means

(a) any and all rights in any patents, trade marks, service marks, registered designs, applications (and rights to apply for any of those rights), trade, business and company names, internet domain names and e-mail addresses, unregistered trade marks and service marks, copyrights, database rights, know-how, rights in designs and inventions;

(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);

(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and

(d) the right to sue for past infringements of any of the foregoing rights;

“Initial Fee” means the fee payable for the Initial Period of Social Media Marketing Services

“Per-Period Fee” means the fee payable for each Subsequent Period of Social Media Marketing Services

“Period” means either the Initial Period or a Subsequent Period

“Required Information” means information concerning the Client’s business and business activities required by Outstanding® in order to provide the Social Media Marketing Services, as requested by the company which may include but is not limited to, Logos, background, methods of working, advertising aims;

“Required Materials” means materials, including but not limited to Photographs, Video, Quotes, Sales materials, technical specifications, required by Outstanding® in order to provide the Social Media Marketing Services;

“Social Media Content” means any and all content, including but not limited to Posts, Tweets, Chats, Blogs, created by Outstanding® for publication on social media in the course of providing the Social Media Services under this Agreement; and

“Social Media Marketing Services” means the social media marketing services to be provided by Outstanding® to the Client in accordance with these Terms and conditions of the Agreement;

“The Agreement” means the Web services Agreement specifically in relation to social media marketing services which you sign or accept by email detailing company information, initial period and Fees for these services, in accordance with the terms and conditions of the Agreement, detailed herein.

Unless the context otherwise requires, each reference in these terms and conditions to:

“writing”, and any similar expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

“these terms and conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time;

a “Party” or the “Parties” refer to the parties to this Agreement and these Terms and Conditions.

The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

Words imparting the singular number shall include the plural and vice versa.

References to any gender shall include the other gender.

References to persons shall include corporations.

Engagement of the Company
The Client hereby engages Outstanding® to provide the Social Media Marketing Services.

The Agreement shall enter into force on the date the agreement is signed and Outstanding® shall commence the provision of the Social Media Marketing Services within 4 weeks of the agreement date, to be determined as required (“the Commencement Date”).

The Company shall provide the Social Media Marketing Services for an Initial Term as specified in the Agreement unless left blank, in which case the term will be 24 months, (the “Initial Period”).

The Agreement may be cancelled by offering a minimum of 3 months’ notice before the end of the initial period or the end of the Subsequent Period.

If it is not cancelled the contract will automatically renew for Subsequent Terms of 12 months until such notice is received (each a “Subsequent Period”) following the end of the Initial Term (collectively constituting the “Term” of the Agreement).

Provision of the Social Media Marketing Services

With effect from the Commencement Date, Outstanding® shall, throughout the Initial Period and any and all agreed Subsequent Periods, provide the Social Media Marketing Services to the Client.

 

Outstanding® shall provide the Social Media Marketing Services with reasonable skill and care, commensurate with prevailing standards in the social media marketing industry in the United Kingdom.

Outstanding® shall act in accordance with these Terms and Conditions of the Agreement herein and with all reasonable instructions given to it by the Client provided that such instructions are compatible with the scope of this Agreement and the reasonable supply of Social Media Marketing Services.

Reasonable supply to be defined by the Company based on normal work carried out for all clients.

Outstanding® shall be responsible for ensuring that it complies with all statutes, regulations, bylaws, standards, codes of conduct and any other rules relevant to the provision of the Social Media Marketing Services.

Outstanding® shall use all reasonable endeavours to accommodate any reasonable changes to the Social Media Marketing Services that may be requested by the Client, subject to the Client’s acceptance of any related reasonable changes to the fees payable that may be due as a result of such changes.

The Social Media Marketing Services

Outstanding® shall provide the Social Media Marketing Services.

The Client currently has an active presence or wishes to establish an active presence on the social media platforms listed in the Agreement:

Outstanding® shall ensure that regular activity takes place on all of the social media platforms listed in the web services agreement.

Outstanding® requires the Client’s access credentials for the social media platforms set out above in order to provide the Social Media Marketing Services. The Client hereby agrees to provide the same before the Commencement Date.

The Client hereby authorises Outstanding® to use the Client’s abovementioned access credentials solely for the purposes of providing the Social Media Marketing Services. All such information is hereby designated Confidential Information and shall be treated accordingly.

The Client’s Obligations

Outstanding® requires the following to provide the Social Media Marketing Services:

The Required Information about the Client and its day-to-day business activities, the purpose of social media marketing, any figurehead the business wishes to promote; and

The Required Materials for use in Social Media Content.

The Client shall provide the Required Information and the Required Materials to Outstanding®.

Outstanding® may from time to time require the Client’s input or feedback on Social Media Content prior to its publication in the course of the Social Media Marketing Services. The Client shall use all reasonable endeavours to respond with the required feedback within 8 Business Hours.

In the event that any of the Required Information, or any other information supplied by the Client to Outstanding® (including, but not limited to, the access credentials supplied) changes and such a change will materially affect the provision of the Social Media Marketing Services by Outstanding®, the Client shall inform Outstanding® of the same without undue delay.

Outstanding® shall not be liable for any delays in the provision of the Social Media Marketing Services that may result from the Client’s failure to comply with any of its obligations (or the delivery requirements applying thereto) or any other of its obligations arising under these Terms and conditions.

Non-Solicitation: During the term of this Agreement and for 36 months after any termination of this Agreement, the customer will not, without the prior written consent of the Director of Outstanding®, either directly or indirectly, on the customer’s own behalf or in the service or on behalf of others, solicit or attempt to solicit, divert, or hire away any person employed by Outstanding®.

Fees and Payment

In consideration of the Social Media Marketing Services the Client shall pay to Outstanding® the Initial Fee as set out in the web services agreement for the Initial Period in the monthly fee box. Following the Initial Fee, the Client shall pay to the Company a Per-Period Fee calculated as the annual cost of the Initial Fee to be worked out pro- rata for each Subsequent Period plus an increase of 5% or RPI (whichever is higher).

Payment of the Initial Fee shall be due within 30 days of the date of the Agreement.

Payment of each Per-Period Fee shall be due within 30 days of the date of the Company’s invoice for the same which shall be issued within 30 days of the start date of the Subsequent Period to which it relates.

All payments made under the Agreement shall be expressly exclusive of any value added tax chargeable thereon.

The total payment may, subject to prior approval and without prejudice to any rights to Outstanding® within these terms and conditions, be paid on a monthly basis by Direct Debit. In this case the minimum payment agreed to would automatically be the sum of the Fee divided by the period it related to.

In the event of a rejected Direct Debit the entire outstanding fee becomes immediately payable.

Any sums which remain unpaid following the expiry of the payment periods shall incur interest on a daily basis at 4% above the base rate of Barclays from time to time until payment is made in full of any such outstanding sums. This provision shall not apply to payments disputed in good faith.

Intellectual Property Rights

All Intellectual Property Rights subsisting in the Required Information, Required Materials, and in any other Client Materials shall at all times remain the property of the Client (or its licensors, as appropriate). Nothing in these Terms and Conditions shall vest any rights in any material provided by, or otherwise belonging to the Client (or its licensors, as appropriate) in Outstanding®.

The Client hereby grants Outstanding® a limited, non- exclusive, non-transferable, revocable, worldwide licence to use any and all Required Information, Required Materials, and any other Client Materials for the purposes of providing the Social Media Marketing Services in accordance with these Terms and Conditions.

The copyright and any and all other Intellectual Property Rights subsisting in the Social Media Content created by Outstanding® will remain with Outstanding® unless waived by Outstanding® with written consent.

Indemnity

The Client (as an “Indemnifying Party”) hereby undertakes to indemnify Outstanding® (as an “Indemnified Party”) and to keep Outstanding® at all times fully indemnified from and against all losses arising as a result of any action or claim that Outstanding®’s use of any Required Information, Required Materials or other Client Materials in the course of providing the Social Media Marketing

Services constitutes an infringement of any Intellectual Property Rights belonging to a third party.

In the event of an action or claim arising, the Indemnifying Party shall have complete control over the litigation and/or settlement of the action or claim and shall keep the Indemnified Party fully informed of the same at reasonable intervals.

In the event of an action or claim arising, the Indemnified Party shall:

  • Notify the Indemnifying Party immediately in writing upon becoming aware of the action or claim;
  • Make no admissions or attempt any settlements of the action or claim without the express written consent of the Indemnifying Party;
  • Provide the Indemnifying Party with all reasonable information and assistance reasonably required by the Indemnifying Party, at the Indemnifying Party’s cost, with respect to the action or claim; and
  • Allow the Indemnifying Party complete control over the litigation and/or settlement of the action or claim.

Warranties

Each Party hereby warrants to the other that it has the full power and authority to enter into the Agreement, these Terms and Conditions and to perform its respective obligations hereunder.

The Client represents, warrants, undertakes, and agrees with Outstanding® that the Required Materials and any other Client Materials shall be original to the Client (or that, where any Required Materials or other Client Materials are provided by a third party, it has received the necessary consents or permissions to use the same) and shall not infringe any Intellectual Property Rights belonging to a third party.

The Client represents, warrants, undertakes and agrees with Outstanding® that the Required Materials and other Client Materials shall not, under the laws of England and Wales, be obscene, blasphemous, offensive to religion, or defamatory of any person and shall not contain any material that has been obtained in violation of the Data Protection Act 1998, the Freedom of Information Act 2000, the Regulation of Investigatory Powers Act 2000, the Privacy and Electronic Communications (EC Directive) Regulations 2003, the Official Secrets Act 1989, or any similar domestic or foreign legislation and nothing contained in the Required Materials or other Client Materials will, if published, constitute a contempt of court.

Limitation of Liability

Neither Party shall be liable to the other for any loss of profit, indirect, special or consequential loss or damages.

 

Nothing in these Terms and conditions shall exclude or limit either Party’s liability for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation, or other form of liability that cannot be excluded or limited by law.

 

Each Party’s total liability to the other in respect of any claims arising out of, or in connection with, the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total sums paid or payable by the Client to Outstanding® in the 6 months prior to the claim, or £1,500 (One thousand and five hundred Pounds), whichever is greater.

Confidentiality

Each Party undertakes that it shall, at all times during the continuance of this Agreement and for 2 years after its termination or expiry:

  • keep confidential all Confidential Information;
  • not disclose any Confidential Information to any other party;
  • not use any Confidential Information for any purpose other than as contemplated by and subject to the terms of these Terms and Conditions;
  • not make any copies of, record in any way or part with possession of any Confidential Information; and
  • ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that Party, would be a breach of the provisions in these Terms and Conditions.

Either Party may disclose any Confidential Information to:

  • any governmental or other authority or regulatory body; or
  • any employee or officer of that Party or of any of the aforementioned persons, parties or bodies; to such extent only as is necessary for the purposes contemplated by this Agreement (including, but not limited to, the provision of the Social Media Marketing Services), or as required by law.

In each case that Party shall first inform the person, party or body in question that the Confidential Information is confidential and (except where the disclosure is to any such body above or any employee or officer of any such body) obtaining and submitting to the other Party a written confidentiality undertaking from the party in question. Such undertaking should be as nearly as practicable in the terms to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made.

Term and Termination

The Agreement and these Terms and Conditions shall enter into force on the agreement date and shall continue for an Initial Term of as specified in the agreement or 24 months if left blank. The Agreement will be renewed by for Subsequent Terms of 12 months following the end of the Initial Term. All such periods shall collectively constitute the Term of the Agreement and these Terms and Conditions.

 

Outstanding® may terminate this agreement at any time by giving 1 months’ notice to the Client for any reason.

 

The Client may terminate this Agreement no sooner than four months before the end of the Initial or Subsequent term (specific to the one they are in) by giving 3 months written notice, not to expire before the end of that Initial or Subsequent term.

Without prejudice to any other right or remedy available to it, either Party may terminate this Agreement forthwith by giving written notice to the other Party in the following circumstances:

  • any sum owing to that Party by the other Party under any of the provisions of this Agreement is not paid within 20 Business Days of the due date for payment;
  • the other Party commits any other breach of any of the provisions of the Agreements terms and conditions and, if the breach is capable of remedy, fails to remedy it within 30 Business Days after being given written notice giving full particulars of the breach and requiring it to be remedied;
  • an encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party.
  • the other Party makes any voluntary arrangement with its creditors or being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);
  • the other Party, being an individual or firm, has a bankruptcy order made against it or being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other Party under the Agreement);

Outstanding® may terminate the agreement if the Client is acquired by any person or connected persons not having control of that other Party on the date of this Agreement. For the purposes of this Clause 12, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010

A breach shall be considered capable of remedy if the Party in breach can comply with the provision in question in all respects.

Effects of Termination
Upon the termination or expiry of the Agreement for any reason:

Any sum owing by either Party to the other under any of the provisions of these terms and conditions shall become immediately due and payable; for the avoidance of doubt this includes any outstanding amount payable by the Client to Outstanding® for the remaining months of the current term or notice period if they have opted for monthly payments.

All licences granted to Outstanding® by the Client to use the Required Information, Required Materials, any and all other Client Materials shall terminate immediately.

Outstanding® shall, at the Client’s request, either promptly return or destroy all Required Information, Required Materials, and other Client Materials in its possession and/or control and shall issue a certificate of such return and/or destruction.

Each Party shall immediately cease to use, either directly or indirectly, any Confidential Information belonging to the other Party (including, but not limited to, the Client’s access credentials as referenced above and shall at the other Party’s request, either promptly return or destroy all such Confidential Information in its possession and/or control and shall issue a certificate of such return and/or destruction.

All Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect.

Termination shall not affect or prejudice any right to damages or other remedy which the terminating Party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any Party may have in respect of any breach of the Agreement and its terms and conditions which existed at or before the date of termination.

Force Majeure

Neither Party to the Agreement shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.

 

Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

In the event that Outstanding® cannot perform their obligations hereunder as a result of force majeure for a continuous period of 3 months, the other Party may at its discretion terminate this Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all work completed up to the date of termination. Such payment shall consider any prior contractual commitments entered into in reliance on the performance of the Agreement.

No Waiver

No failure or delay by either Party in exercising any of its rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of these terms and conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

 

Further Assurance

Each Party shall execute and do all such further deeds, documents and things as may be necessary to carry the provisions of these terms and conditions into full force and effect.

 

Costs

Subject to any provisions to the contrary each Party to the Agreement shall pay its own costs of and incidental to the negotiation, preparation, execution and carrying into effect of these terms and conditions.

 

Assignment and Sub-Contracting

The client may not assign, mortgage, charge (otherwise than by floating charge) or sub-licence or otherwise delegate any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder without the written consent of the other Party, such consent not to be unreasonably withheld.

Each Party shall be entitled to perform any of the obligations undertaken by it through any other member of its group or through suitably qualified and skilled sub-contractors. Any act or omission of such other member or sub-contractor shall, for the purposes of the Agreement, be deemed to be an act or omission of the Party in question.

Relationship of the Parties

Nothing in the Agreement or these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency, or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.

 

 

Notices

All notices under these terms and conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.

Notices shall be deemed to have been duly given:

  • when delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient; or
  • when sent, if transmitted by e-mail and a successful transmission report or return receipt is generated; or
  • on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
  • on the tenth business day following mailing, if mailed by airmail, postage prepaid.

In each case notices shall be addressed to the most recent address, e-mail address, notified to the other Party.

 

Entire Agreement

These terms and conditions contain the entire agreement between the Parties with respect to its subject matter and may not be modified except by an instrument in writing signed by the duly authorised representatives of the Parties.

Each Party acknowledges that, in entering into the Agreement and accepting these terms and conditions, it does not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in these terms and conditions.

Severance
In the event that one or more of the provisions of the Agreement or its terms and conditions herein is found to be unlawful, invalid, or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement or its terms and conditions. The remainder of the Agreement or its terms and conditions shall be valid and enforceable.

Alternative Dispute Resolution

Any dispute or difference arising between the Parties relating to the Agreement or its subject matter shall be referred to a single arbitrator to be agreed upon by the Parties or, failing such agreement, to be appointed by the then President of the Law Society, such arbitrator to have all the powers conferred upon arbitrators by the laws of England and Wales.

The Parties hereby agree that the decision of the Arbitrator shall be final and binding on both Parties.

Law and Jurisdiction

The Agreement (including any non- contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

 

Any dispute, controversy, proceedings or claim between the Parties relating to terms and conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

Photography

Definitions

For the purposes of this Agreement, “The Photographer” is Outstanding®.

“The Client” is the company or individual requesting the services of Outstanding®.

“Images” means any images or videos furnished by Outstanding®, whether photographs, prints or other type of physical or electronic material”.

 

Copyright and Ownership of Materials

The entire copyright, title, and intellectual property rights of any images or video material will always remain with Outstanding®.

 

Right to a Credit

Outstanding® asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted in accordance with Sections 77 – 79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Please credit ‘Outstanding®’.

 

Use

Images are to be used as agreed at the time of booking and at the time of agreeing the fee.

 

The licence to use is limited to the use and period specified when booking with Outstanding®. No other use may be made of the Images without the express permission from Outstanding®.

 

An agreement must be reached with Outstanding® before Images are used for any other purpose or after the licence to use has expired. 

 

Manipulation of the Images or use of only a portion of Image may only take place with the permission of Outstanding®.

 

When the license to use has expired an additional charge has to be agreed for extended usage with Outstanding®.

 

Exclusivity

The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).

 

Outstanding® reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

 

Outstanding® retains the right in all cases to use the Images covered by this agreement at any time and anytime for the purposes of advertising or otherwise promoting our work.

 

Client Confidentiality

Outstanding® will keep confidential and will not disclose to any third parties or make use of material or information communicated to him, except as to be reasonably necessary to enable Outstanding® to carry out our obligations in relation to the work.

Booking 

The Client will be required to complete a Booking Form (via email or hardcopy). On receipt of a completed booking form, Outstanding® will send an email as confirmation. The booking will then be considered confirmed.

 

Once the Client has made a booking for a specific time and date and this date/time has been confirmed by Outstanding®, will not accept any other work from other clients for those times and dates.

 

Cancellation or Postponement by the Client

When a booking is confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule:

 

  • When a client cancels photography within less than 7 days business of any confirmed date, a fee of 20% of the booked time rate will be charged.
  • When a client cancels photography between 1 and 6 days of any confirmed date/time, a fee of 50% of the booked time rate will be charged.
  • When a client cancels photography on the day of the confirmed date, the full fee will be charged.  

 

When a booking is confirmed, if it is subsequently postponed, Outstanding® will at our discretion charge a fee for postponement.

 

In addition, the client may be charged for any expenses incurred by Outstanding® as a result of cancellation or postponement.

 

Cancellation by Outstanding®

Outstanding® will endeavour to put the Client in touch with another photographer in the event Outstanding® is unable to attend on booked date due to any cause beyond their reasonable control e.g., sudden illness, injury, victim of crime, flooding etc.

 

In the event of such cancellation by Outstanding®, or in the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid to Outstanding® by the Client at that time.

 

Rejection

Unless a rejection fee is agreed in advance, there is no right to reject the Images on the basis of style or composition.

 

Charges and Timings

If Outstanding® provides a quote to The Client, the fee will be charged at that agreed rate. Outstanding® generally requests a brief at the time of booking (via email or verbally). 

 

Where extra expenses or time are incurred or needed by Outstanding® as a result of alterations to the original brief by the Client or otherwise at their request, Outstanding® will reserve the right to charge the Client extra expenses and fees.

 

If The Client changes the length of the job, the fee will increase as per the agreed hourly rate. If The Client is delayed or running late and the job runs into extra time again the fee will increase as per the agreed hourly rate. 

 

Outstanding® will make The Client aware of timings and should the work run into extra time he will make the client aware of this and the associated costs.  There is a mutual understanding between The Client and Outstanding® that punctuality is important and respected by all parties.

 

If it becomes apparent when the job starts that it is much bigger or different job to the agreed brief it will be made clear to the Client that Outstanding®’s fee may increase. If Outstanding® is unable to contact the client/payer of invoice at that time, work will stop until contact has been made.

 

On the occasion that incorrect information is given by the Client regarding a booking (wrong location, wrong time etc.) or the Client fails to arrive at the agreed location/time, the full fee will be charged to the Client.

 

If on arrival at a booked job there is an issue (outside of the Client or Outstanding®’s control) such as bad lighting or restrictions are in use of where the shoot is taking place, a fee may be charged to cover time.

 

Payment

Payment terms are strictly 30 days from the date of the relevant invoice (“the Due Date”) unless agreed in advance and in writing.

 

Outstanding® reserves the right to charge interest at the rate prescribed by the Late Payment Of Commercial Debts (Interest) Act 1998 from the due date until the date payment is made.

 

If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due with immediate effect, even if it is less than 28 days from the issue date, and Outstanding® may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

 

Payment by BACS is preferred, and bank details will be provided on the invoice.

 

Liability and Indemnity

It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Outstanding® gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture.  

 

In the event that the Image issued or reproduced by or with the authority of the Client does not have the necessary rights, releases, or consents, then the Client shall indemnify Outstanding® against all expenses, damages, claims, or legal costs arising out of any such failure.

 

Archiving of Images

All final images will be stored and archived by Outstanding® for an undetermined amount of time. If Outstanding® loses images stored in archive or they are stolen, Outstanding® is not liable beyond 1 year of storage.  Within 1 year, Outstanding® is liable to the cost of the originals (a return of the original fee).

 

Applicable Law

This agreement shall be governed by the laws of England and Wales

 

Variation 

No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

Digital Display Solutions

Warranty (UK Mainland)
  • Covers hardware failure but excludes accidental damage or user error.
  • Free lifetime telephone and email technical support.
  • 14 day returns policy.
  • All standard product ranges come with a 3 year warranty starting from date of invoice. This excludes Electronic Shelf Label (ESL) products which come with a 2 year warranty. This also excludes all bespoke hardware which is manufactured under OEM. All bespoke products come with a strict 1 year warranty, unless extended at point of order.
  • Any warranty extension needs to be completed at point of order and should be clearly noted on the sales invoice.
  • Any suspected hardware failure should be reported to Outstanding® first. Outstanding® will then provide telephone and/or email technical support to determine hardware failure; hardware failure must be confirmed by Outstanding®.
  • All screen sizes up to and including 55”, as well as media players, are covered by a swap-out warranty. There may be some situations (such as not having a particular model in stock) where an advanced replacement product cannot be supplied, in these cases a collection, repair and return service will be implemented. Screens larger than 55” and freestanding models (“L” and “OT” ranges only, excluding “LUHB”, “LHDS”, “TAO”, “AB” and “OAB” ranges) are covered by an on-site service.
  • Once hardware failure has been determined by Outstanding® over the phone or on email the screen should be repackaged using the original packaging material and method (including bespoke pallet where necessary). At this point Outstanding®, at their discretion, will take one of the following actions:
  • An advanced replacement product will be sent out by courier service. The product should be swapped-out by the customer and the faulty unit repackaged using the packaging from the replacement unit. Once confirmation has been received from the customer courier collection will be arranged by Outstanding®, or
  • The faulty screen should be repackaged using the original packaging. Outstanding® will then arrange for collection of the faulty product by a courier service. Once the product is back with Outstanding® it will either be repaired or replaced with a comparable unit and sent back to the customer by courier.
  • All deliveries and collections will be at the cost of Outstanding®.
  • If the product is not packaged correctly no liability will be taken by Outstanding® if the product is damaged during transit.
  • If the product is returned in full working order no liability will be taken by Outstanding® and any costs incurred will be passed on to the customer.
  • For on-site service the product must be in a location accessible to our technician(s) and in no circumstances would Outstanding® staff be expected to remove screens or disassemble non-standard installations or constructions or be expected to work above ground level.
  • Where no genuine hardware failure has occurred a call out charge of at least £150 (+VAT) is payable for each visit.
  • For customised, bespoke or out of stock items the turnaround period is dependent upon factors such as, but not limited to, availability, production and shipping.
  • If a CMS licence is purchased with a product this is not transferable to any other products. If a product with a valid CMS licence suffers a hardware failure during its warranty period and a replacement product is required then Outstanding® will transfer the CMS licence in this case.
  • Any displays that are suitable for installing in a window should be mounted with the panel surface a minimum of 100mm from the inside of the window, however Outstanding® recommend a distance of 200mm to ensure sufficient air circulation between the display and the window. Failure to follow these guidelines may result in failure that will be considered user damage.

This warranty covers hardware failure and shall not apply to the following, including, but not limited to: damage which occurs in shipment; delivery or installation; integration into an enclosure or kiosk with insufficient air flow or ventilation; applications and uses for which this product was not intended; altered product or serial numbers; cosmetic damage or exterior finish; accidents, abuse, neglect, fire, water, lightning or other aspects of nature; use of products, equipment, systems, utilities, services, parts, supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorised by Outstanding®, or which damage this product or result in service problems; incorrect electrical voltage, fluctuations and surges; customer adjustments and failure to follow operating instructions, cleaning, maintenance and environmental instructions; product removal or reinstallation; reception or display problems and distortion related to noise, echo, interference or other signal transmission and delivery problems; reduced screen brightness related to normal aging, burned-in images, mura (including backlight bleed), blackening and defective pixels within the panel manufacturers accepted tolerance.

 

Warranty (Europe)
  • Covers hardware failure but excludes accidental damage or user error.
  • Free lifetime telephone and email technical support.
  • 14 day returns policy.
  • All standard product ranges come with a 3 year warranty starting from date of invoice. This excludes Electronic Shelf Label (ESL) products which come with a 2 year warranty. This also excludes all bespoke hardware which is manufactured under OEM. All bespoke products come with a strict 1 year warranty, unless extended at point of order.
  • Any warranty extension needs to be completed at point of order and should be clearly noted on the sales invoice.
  • Any suspected hardware failure should be reported to Outstanding® first. Outstanding® will then provide telephone and/or email technical support to determine hardware failure; hardware failure must be confirmed by Outstanding®.
  • Once hardware failure has been determined by Outstanding® over the phone or on email replacement parts, along with an instructional guide, will be sent to the Client at the cost of Outstanding®. If the Client does not have the facility to repair the product then the product should be repackaged using the original packaging material and method (including bespoke pallet where necessary) and returned to Outstanding® at their cost. The product will then be repaired and sent back to the Client at the cost of Outstanding®.
  • In the event of advanced replacement parts being sent to the Client Outstanding® reserves the right to request faulty parts be returned to us at the cost of the Client after the repair work has been carried out. Outstanding® also reserves the right to request that faulty parts or products be returned to us for repair at the cost of the Client in the event that advanced replacement parts are unable to be sent.
  • If the product is not packaged correctly no liability will be taken by Outstanding® if the product is damaged during transit.
  • If the product is returned in full working order no liability will be taken by Outstanding® and any costs incurred will be passed on to the customer.
  • For customised, bespoke or out of stock items the turnaround period is dependent upon factors such as, but not limited to, availability, production and shipping.
  • If a CMS licence is purchased with a product this is not transferable to any other products. If a product with a valid CMS licence suffers a hardware failure during its warranty period and a replacement product is required then Outstanding® will transfer the CMS licence in this case.
  • Any displays that are suitable for installing in a window should be mounted with the panel surface a minimum of 100mm from the inside of the window, however Outstanding® recommend a distance of 200mm to ensure sufficient air circulation between the display and the window. Failure to follow these guidelines may result in failure that will be considered user damage.

This warranty covers hardware failure and shall not apply to the following, including, but not limited to: damage which occurs in shipment; delivery or installation; integration into an enclosure or kiosk with insufficient air flow or ventilation; applications and uses for which this product was not intended; altered product or serial numbers; cosmetic damage or exterior finish; accidents, abuse, neglect, fire, water, lightning or other aspects of nature; use of products, equipment, systems, utilities, services, parts, supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorised by Outstanding®, or which damage this product or result in service problems; incorrect electrical voltage, fluctuations and surges; customer adjustments and failure to follow operating instructions, cleaning, maintenance and environmental instructions; product removal or reinstallation; reception or display problems and distortion related to noise, echo, interference or other signal transmission and delivery problems; reduced screen brightness related to normal aging, burned-in images, mura (including backlight bleed), blackening and defective pixels within the panel manufacturers accepted tolerance.

 

Warranty (Overseas)
  • Covers hardware failure but excludes accidental damage or user error.
  • Free lifetime telephone and email technical support.
  • 14 day returns policy
  • All standard product ranges come with a 3 year warranty starting from date of invoice. This excludes Electronic Shelf Label (ESL) products which come with a 2 year warranty. This also excludes all bespoke hardware which is manufactured under OEM. All bespoke products come with a strict 1 year warranty, unless extended at point of order.
  • Any warranty extension needs to be completed at point of order and should be clearly noted on the sales invoice.
  • Any suspected hardware failure should be reported to Outstanding® first. Outstanding® will then provide telephone and/or email technical support to determine hardware failure; hardware failure must be confirmed by Outstanding®.
  • Once hardware failure has been determined by Outstanding® over the phone or on email replacement parts, along with an instructional guide, will be sent to the Client at the cost of Outstanding®. If the Client does not have the facility to repair the product then the product should be repackaged using the original packaging material and method (including bespoke pallet where necessary) and returned to Outstanding® at their cost. The return address will be dictated by Outstanding®. The product will then be repaired and sent back to the Client at the cost of the Client.
  • In the event of advanced replacement parts being sent to the Client Outstanding® reserves the right to request faulty parts be returned to us at the cost of the Client after the repair work has been carried out. Outstanding® also reserves the right to request that faulty parts or products be returned to us for repair at the cost of the Client in the event that advanced replacement parts are unable to be sent.
  • If the product is not packaged correctly no liability will be taken by Outstanding® if the product is damaged during transit.
  • If the product is returned in full working order no liability will be taken by Outstanding® and any costs incurred will be passed on to the customer.
  • For customised, bespoke or out of stock items the turnaround period is dependent upon factors such as, but not limited to, availability, production and shipping.
  • If a CMS licence is purchased with a product this is not transferable to any other products. If a product with a valid CMS licence suffers a hardware failure during its warranty period and a replacement product is required then Outstanding® will transfer the CMS licence in this case.
  • Any displays that are suitable for installing in a window should be mounted with the panel surface a minimum of 100mm from the inside of the window, however Outstanding® recommend a distance of 200mm to ensure sufficient air circulation between the display and the window. Failure to follow these guidelines may result in failure that will be considered user damage.

This warranty covers hardware failure and shall not apply to the following, including, but not limited to: damage which occurs in shipment; delivery or installation; integration into an enclosure or kiosk with insufficient air flow or ventilation; applications and uses for which this product was not intended; altered product or serial numbers; cosmetic damage or exterior finish; accidents, abuse, neglect, fire, water, lightning or other aspects of nature; use of products, equipment, systems, utilities, services, parts, supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorized by Outstanding®, or which damage this product or result in service problems; incorrect electrical voltage, fluctuations and surges; customer adjustments and failure to follow operating instructions, cleaning, maintenance and environmental instructions; product removal or reinstallation; reception or display problems and distortion related to noise, echo, interference or other signal transmission and delivery problems; reduced screen brightness related to normal aging, burned-in images, mura (including backlight bleed), blackening and defective pixels within the panel manufacturers accepted tolerance.

 

Disclaimer
Delivery

Outstanding® uses third party couriers to arrange and carry out deliveries and collections. Outstanding® does not accept the responsibility, and will not offer any compensation, for any loss of profits caused due to the late delivery of any items by the courier. This is includes, but is not exclusive of, a project being delayed, missed organised installation time or date or any other inconvenience caused to the customer. Outstanding® will share any relevant contact information including, but not limited to, name, phone number, email address, geographical address and facsimile number with the third party courier we use for delivery of goods.

Upon delivery of any items the products must be fully checked and tested before being signed for. In cases where this is not possible the customer must sign for as “unchecked”. If there is any damage to the packaging the customer must sign for as “damaged”. All goods must be checked and tested to ensure they are in full working condition within 24 hours of receiving the goods with no exceptions. If there are any problems this must be reported to Outstanding® within 24 hours of receiving the goods. If this procedure is not followed Outstanding® are unable to claim compensation from the courier and will therefore not pay out on, or replace, damaged goods. It is the responsibility of Outstanding®’ customers to pass this information on to their end users should the goods be shipped directly to them.

 

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
  • If you are returning your purchase the product must be complete and in ‘as new’ condition. If you have opened the box to examine the product you must have done so without damaging or marking the product or packaging. It should be returned with the original box and packaging, along with any accessories you received with it. If you follow the above, we will issue you with a full refund for the cost of the product.The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.Whilst we have taken all reasonable steps to ensure the accuracy and completeness of the information on this website and resources such as specification sheets, we give no warranty and make no representation regarding the accuracy or completeness of the content of this website. Consequently, we accept no liability for any losses or damages (whether direct, indirect, special, consequential or otherwise) arising out of errors or omissions contained in this website and associated resources. If specific information is particularly important it should be confirmed by Allsee directly, If in doubt, please contact us before ordering. Errors & omissions excepted, all specifications are subject to change without notice. Outstanding® reserves the right to change the specifications to design and manufacture without notification.
  •  
Payment

Cash, Cheque or BACS Transfer are all acceptable methods of payment. Our Terms for

  • Special, approved or customised order: 30% deposit to be paid when order placed and full payment upon delivery.

An optional leasing agreement may be available depending upon the quantity and value of the order. We will not provide the leasing facilities in-house but will contact a leasing company if this is necessary.All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.Outstanding®

 

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. Where stock is returned, for any reason, Outstanding® reserve the right to charge a restocking fee. There is a return policy on standard products with full refund excluding delivery charges (UK only). Customised, special or approved orders are not covered by the return policy and only monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

 

Specific points are outlined below:

(a) Damage, shortages and discrepancies: The Buyer shall be responsible for inspecting the Goods on delivery to check the Goods for damages, shortages and discrepancies. If there is any damage, shortage or discrepancy with respect of the Goods, the Buyer shall notify Outstanding® in writing within 3 Working Days of delivery. If the Buyer fails to do so then Outstanding® shall not be liable for the damage, shortage or discrepancy. A “delivery” or “arrivals” note signed by the Buyer or its agent indicating that the Goods are in good order on arrival shall be conclusive proof of the same and bind the Buyer.

(b) Goods that fail on installation: Outstanding® operates a returns procedure for Goods that fail on installation. The Buyer must comply with all instructions given to it by Outstanding® in relation to the applicable Goods that fail on installation returns procedure. The Buyer shall notify Outstanding® in writing, within 24 hours, if any Goods appear to have failed. The Buyer must notify Outstanding® of any apparent Goods that fail on installation within 5 Working Days of delivery.

(c) Goods that fail after installation: Faulty Goods must not be returned to Outstanding® without notice. The Buyer must notify Outstanding® within 3 Working Days of the fault becoming apparent and follow the instructions notified to it by Outstanding® in relation to the fault.

(d) General provisions relating to Goods that fail on installation and Faulty Goods: (1) Should the Buyer return the Goods otherwise than as set out in these Terms and Conditions then the Buyer shall pay all Outstanding®’ costs and expenses in liasing with the manufacturer concerning the return. (2) The Buyer shall pay all Outstanding®’ costs and expenses if the Goods suspected to be Goods that fail on installation or Faulty Goods prove not to be Goods that fail on installation or Faulty Goods. (3) The Buyer shall be responsible for all transportation and insurance costs relating to returned Goods. (4) Outstanding® shall not be responsible for installation of returned Goods after repair or exchange. (5) Any labour costs and expenses incurred in extracting defective parts and/or components shall be borne by the Buyer and if incurred by Outstanding® shall be paid for by the Buyer at Outstanding®’ then standard applicable rate. (6) The Buyer shall also be responsible for all Outstanding®’ costs if Outstanding® agrees to collect the Goods for return and such Goods are not ready for collection at the agreed time.

 

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 

General Data Protection Regulation

By accessing this website, or communicating with us by email or telephone, you are consenting to be contacted by Outstanding®. At any time you have the right to request and/or rectify all of your information that we may have on record as well as request that it be deleted. You reserve the right to opt-out or unsubscribe from any email or telephone correspondence. If you would to opt-out of communication from Outstanding®, or request the deletion of any personal data, please email info@allsee-tech.com.

Outstanding® will share any relevant contact information including, but not limited to, name, phone number, email address, geographical address and facsimile number with the third party courier we use for delivery of goods. Outstanding® accepts no responsibility for the third party courier using or sharing this data in any way that does not conform to GDPR regulations.

 

Use of Content

We are happy for you to download or print off copies of this site (other than any quotation details) for your personal, non-commercial, use and information but, any copying or adaptation of the content, layout or code of this site, or the creation of an archive or database containing the content, for any business purpose or other commercial exploitation, without our specific consent will constitute copyright infringement.

If you do download or print copies of the content you must retain any copyright or other intellectual property notices contained in the original material.

You may not copy, distribute or display the site or any part of it to third parties. You may not link to or mirror any part of the site. Any infringement of any intellectual property rights in this matter will result in appropriate legal action.

 

Links to our website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

 

Links from our website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of Outstanding® in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.

 

Communication

We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers. By accessing this website, or communicating with us by email or telephone, you are consenting to be contacted by Outstanding®. At any time you have the right to request and/or rectify all of your information that we may have on record as well as request that it be deleted.

 

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

 

General

The laws of England and Wales govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

 

Cloud Based Network Service

This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our website.

We are committed to protecting your privacy and will not sell, rent or share any of your information that we may have. We will take all steps reasonably necessary to ensure that your data is treated securely. We use information held about you for the purpose of providing our services to you and to ensure that content from our site is presented in the most effective manner for you.

We will not be liable for any consequential, indirect or special loss or damage to any information or data on your account; we will not be liable for any loss of profit, income, revenue, contracts, business, goodwill, reputation, data, or information.

We will not be liable or responsible for any inappropriate material that is uploaded to our server and subsequently uploaded to any displays.

If we provide you with a username and password, you must ensure that the username and password is kept confidential. We cannot guarantee the security of data sent over the internet as the transmission of information via the internet is not completely secure by its nature.

We may disable your account in our sole discretion for non-payment of subscription fee without notice. In these cases a re-connection fee will also be charged. If an account is disabled all of the associated data and materials will also be removed from our server and cannot be recovered.

You may request us to provide you with any information we hold about you. Provision of such information may be subject to the payment of a fee.

If you have purchased a subscription to our service from one of our distributors you must remain with this service provider until your subscription comes to an end.

We may revise these terms of use from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

 

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a purchase or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.