GENERAL

These conditions of Inc. Outside The Box apply to the exclusion of any terms or conditions of the Customer. No variation of these conditions will be binding on Inc. Outside The Box or form part of any contract unless expressly accepted by Inc. Outside The Box in writing.

ESTIMATES

Inc. Outside The Box will usually attempt to estimate a price. Where possible a full brief, preferably in writing should be supplied by the Customer to Inc. Outside The Box before such an estimate can be prepared.

COST VARIATIONS

All prices quoted are, in the absence of specific written agreement to the contrary, estimated only. Inc. Outside The Box quotations for design work are based upon projected working hours at the current studio rate, plus materials, and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. Any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved, may be charged to the Customer. Other expenditure such as material sub-contracted on behalf of the Customer will be quoted separately.

CONSEQUENTIAL LOSS

Inc. Outside The Box shall not be liable for any loss or damage, whether direct or consequential, which is or may be occasioned to the Customer or to any person with whom he is in contractual relations which is in any way attributable to any delay in performance or completion of any contract between Inc. Outside The Box and the Customer, however that delay arises.

CUSTOMERS¹ PROPERTY

Customers' property, when supplied to Inc. Outside The Box, will be held at the risk of the Customer, although all reasonable care will be taken to prevent loss or damage. If third parties are subcontracted by Inc. Outside The Box and are authorised to use this artwork to complete their requested task, then all artwork remains the property of the Inc. Outside The Box customer and may not be copied or used in any manner by the third party for their own works outside of Inc. Outside The Box. Once the job has been completed all copies of the artwork either hard or soft are to be returned to Inc. Outside The Box. or be completely deleted from their systems or servers.

INITIAL WORK

Work produced, whether experimentally or otherwise, at Customer request will be charged for unless otherwise agreed in writing. If the Customer wishes to terminate an order at this stage, a termination invoice will be drawn up charging for time and materials up to this point.

PROOFS

Final proofs will be presented by Inc. Outside The Box to the Customer for approval prior to publishing. When approval is given by the Customer in the form of a signature upon our approval stamp, it is assumed by Inc. Outside The Box that the Customer has studied all aspects of the material presented and is satisfied with them, noting any exceptions in writing.

IN THE EVENT THAT

a) the customer becomes apparently insolvent ( within the meaning of the Bankruptcy)or makes any voluntary arrangement with it¹s creditors, or

(b) a petition is presented or a resolution is passed to wind up the customer (other than for the purposes of reconstruction or amalgamation as a solvent company ), or

(c) a receiver is appointed over the whole or any part of the assets of the Customer or an administration order is made in respect of the Customer, or

(d) the Customer shall otherwise cease trading, or

(e) any diligence, distress, execution or other process is levied or enforced against any property of the customer,

 

then in any such event Inc. Outside The Box shall ( without prejudice to any other right or remedy available to it ) be entitled to cancel any contract between itself and the Customer or suspend any further deliveries of goods or the provision of any further services under any such contract without any liability to the Customer and if any goods or services have been delivered or supplied but not paid for, the price of such goods and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary.

COPYRIGHT 
(a) The Customer shall not submit for use by Inc. Outside The Box anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, the Customer shall remain liable to pay all sums due to Inc. Outside The Box under the relevant contract and shall further indemnify Inc. Outside The Box against any loss, costs or expenses attributable to such unauthorised dealing.
(b) All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by Inc. Outside The Box in implementation of any contract between Inc. Outside The Box and the Customer shall remain with Inc. Outside The Box until full payment has been received. For the purposes of these conditions, WORK means and includes any artistic, literary or dramatic work within the meaning of the (amended) Copyright.

PAYMENT

A payment will usually be taken when work begins. Invoicing may be split into agreed phases in the event of lengthy jobs. The final payment will be taken upon completion of finished artwork. Divided payments by standing order may be considered under certain circumstances such as regular consultancy or administrative work.

PAYMENT (Hosting, Maintenance/Support, Backup) – Depending on the package selected by the Customer the appropriate fees will be charged. Our standard support package terms are detailed below, other terms must be agreed in writing.

Standard Maintenance/Support includes:

• Technical support

• Bug fixes (of existing issues)

• Daily or Weekly Backup of your data

• Quick restore service – if your site goes down we will restore it to its backup as soon as possible.

It does not include:

• Enhancements or changes to your website or system.

• New designs or new functions.

 

PRODUCT RETURNS AND EXCHANGES 

Any claims for misprinted/damaged/defective items must be submitted within 30 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. Claims deemed an error on othe fulfilment's part are covered at their expense. Please ensure that you contact Inc. Outside The Box to report any errors. 

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The return address is set by default to the fulfilment facility. When they receive a returned shipment, an automated email notification will be sent to you. Unclaimed returns get donated to charity after 30 days. If the fulfilment facility isn't used as the return address, you would become liable for any returned shipments you receive.

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Wrong Address - If your provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).

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Unclaimed - Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself . Please note that any returned orders due to the wrong shipping address or a failure to claim the shipment won’t be available for reshipping and will be donated to charity at your cost (without us issuing a refund).

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The fulfilment company does and will not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. You hereby agree that any returned orders with face masks won’t be available for reshipping and will be disposed of.

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Returned by Customer - Kindly contact Inc. Outside The Box before returning any products. Except for Customers residing in Brazil, we do not refund orders for buyer’s remorse. Customers residing in Brazil and regretting a purchase must contact our Customer Service and express their will to return the item within 7 consecutive days after receiving it, providing a picture of the item. The withdrawal request will undergo an evaluation to verify whether the product was used or destroyed, even if partial. In these cases, a refund will not be possible.

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Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for:

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1. the supply of goods that are made to the consumer's specifications or are clearly personalised;
2. sealed goods which were unsealed after delivery and thus aren't suitable for return due to health protection or hygiene reasons, therefore IOTB reserves rights to refuse returns at its sole discretion.

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This Returns Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

TERMS

All payments must be made before the invoice due date, unless agreed otherwise. Prices quoted by Inc. Outside The Box are exclusive of VAT which will, where appropriate, be payable by the Customers. Where Hosting invoices are overdue by 30 days Inc. Outside The Box reserves the right to lock all email facilities; at 60 days the web site may be closed; at 90 days legal proceedings may commence.

TITLE

Ownership of any work delivered to the Customer under any contract between Inc. Outside The Box and the Customer, or of any other goods delivered under any such contract, shall not pass to the Customer until payment in full of all sums due to Inc. Outside The Box under such contract has been made to Inc. Outside The Box. The risk of damage to or destruction of any item delivered by Inc. Outside The Box to the Customer shall pass to the Customer upon delivery, notwithstanding that ownership of the item has not then passed, and the Customer shall ensure that such item is adequately insured from time of delivery.

SUBCONTRACTING

Inc. Outside The Box may employ any person, company or firm as a sub-contractor for the production or provision of any printed or other item in accordance with any original design or other work produced by Inc. Outside The Box for the Customer.

NON-PAYMENT

Failure by the Customer to meet financial obligations may result in legal proceedings by Inc. Outside The Box under which circumstances ALL legal costs and other administrative expenses will be recoverable in full by Inc. Outside The Box.

SEARCH ENGINES

• A specific position in the search engine results is not guaranteed. We will make every attempt to obtain a Top Ranking for your keyword phrase’s, but are not liable for circumstances beyond our control. Such as change in policies of the search engines involved, spontaneous drops our other anomalies out of our control.

• We will not index sites that promote hate or discrimination based on race, religion, sex, age, sexual orientation or any other type of grouping. We reserve the right to refuse to promote any site we deem as unacceptable for any reason, without explanation.

• No retroactive refunds will be made, This service is a monthly, Quarterly our Yearly service. For purposes of this agreement, Inc. Outside The Box shall have no responsibility under this agreement during periods when the search engine is not available either for searching or submissions. Inc. Outside The Box will not be responsible for any further damages of any kind.

• The code that we actually use to index your page with the search engines is proprietary even though it is based on your original pages. The information (all codes, HTML, Java all work that has been manually done) may not be sold, used, or transferred another website without our written permission.

• We will not ‘spamdex’ your pages into unrelated keyword categories. That means that if your page is the “cheap car insurance” page, we will not index it into the “ford trucks” keyword search page. This kind of indexing is harmful to useful operation of all search engines.

CONFIDENTIALITY

In connection with the Client Order, each party may receive or have access to commercially or personally valuable technical and non-technical confidential or proprietary information (“Confidential Information”) of the other party. Confidential Information includes all information, whether oral or written, relating to the business of a party that is not generally known or available to others, including, without limitation, source code and documentation for software, trade secrets, customer lists, pricing strategies, marketing and business plans, information concerning a party’s vendors, and a party’s contemplated plans, strategies and prospects. Each party acknowledges and agrees that any Confidential Information received or obtained from the other party will be the sole and exclusive property of the other party and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law.