Terms and Conditions
These General Terms and Conditions (“Terms”) govern the contractual relationship between “Outwork SH.P.K or Outwork SH.P.K” (hereinafter referred to as “outwork-group.com”) and the customers who commission services from Outwork SH.P.K or Outwork SH.P.K.
The services of Outwork SH.P.K or Outwork SH.P.K are offered on the condition that the customer submits to the following general contract conditions without modification. By placing an order, the customer expresses consent to these conditions.
These Terms apply exclusively. Contrary, additional, or deviating conditions require explicit written confirmation by Outwork SH.P.K or Outwork SH.P.K to be effective.
2. Service Offering
The service offering available at the time of utilization is applicable as described on the platform www.outwork-group.com.
3. Conclusion of Contract
The offers listed on the website are non-binding until the contract is confirmed by Outwork SH.P.K or Outwork SH.P.K. A contract is concluded upon confirmation of the order by Outwork SH.P.K or Outwork SH.P.K. Outwork SH.P.K or Outwork SH.P.K reserves the right to cancel all contracts immediately in the case of immoral or unethical content on a website and to terminate business relationships.
4. Contract Duration and Termination
The contract is valid for the confirmed duration specified in the order. Unless Outwork SH.P.K, Outwork SH.P.K, or the customer terminates the contract in writing at least 30 calendar days before the expiry of the current term, the contract duration is extended by the same period.
Termination must be in writing by post or email. Outwork SH.P.K is also entitled to terminate the contract by email to the customer’s specified email address for contract-related communications.
5. Scope of Services
Outwork SH.P.K or Outwork SH.P.K commits to providing expert and diligent services.
Outwork SH.P.K ensures that all websites are compatible with modern browsers (Firefox, Google Chrome, Safari, Microsoft Edge). No guaranteed compatibility exists for older versions of Internet Explorer. Depending on the web browser and operating system, the website may display differently.
Mobile devices such as smartphones and tablets vary in formats and resolutions. Depending on the mobile device used, the website may be displayed differently. The presentation of websites on mobile devices is aligned with common standard widths.
Outwork SH.P.K or Outwork SH.P.K strives to meet specified delivery dates. In case of non-compliance, Outwork SH.P.K or Outwork SH.P.K must be given a reasonable grace period. Special hindrances beyond the control of Outwork SH.P.K or Outwork SH.P.K, such as delayed customer collaboration, natural events, special occurrences, accidents, illness, or significant operational disruptions, entitle Outwork SH.P.K or Outwork SH.P.K to postpone specified deadlines.
During the execution of a project, the customer can request changes or adjustments of any kind. These services, not explicitly mentioned in the project offer at the project’s outset, are considered additional services and will be invoiced additionally according to the hourly rates specified on the platform. Outwork SH.P.K or Outwork SH.P.K registers the website with various search engines and link directories and creates and manages Google AdWords campaigns. Outwork SH.P.K or Outwork SH.P.K does not guarantee a specific search engine ranking for the customer. Outwork SH.P.K or Outwork SH.P.K reserves the right to use a portion of the campaign budget for its own expenses.
Outwork SH.P.K or Outwork SH.P.K is expressly permitted to engage other companies or freelance employees or freelancers to fulfill the order. Outwork SH.P.K or Outwork SH.P.K remains directly responsible to the customer for order fulfillment even when involving a third party.
The customer agrees that Outwork SH.P.K or Outwork SH.P.K may showcase graphics, websites, etc., created for the customer as a reference on the platform. The customer grants Outwork SH.P.K or Outwork SH.P.K (hereinafter referred to as “outwork-group.com”) a link to the platform on the website created for the customer.
5.2. Web Hosting
Web hosting is included in the annual fee to the extent described in the order confirmation. The choice of the server provider lies solely with Outwork SH.P.K, and access to server administration cannot be provided to the customer for security reasons. Outwork SH.P.K sets up servers and domains under its own settings and name. Unless otherwise agreed in the order confirmation, migration to another host provider can be carried out at the customer’s request. In such a case, Outwork SH.P.K’s liability for hosting and operating the website is waived. Outwork SH.P.K is entitled to invoice the customer for any additional expenses related to switching to another host provider. Outwork SH.P.K provides mail hosting based on the selected service package.
Outwork SH.P.K endeavors to ensure that the website hosted by Outwork SH.P.K is accessible as continuously as possible. Outwork SH.P.K cannot guarantee uninterrupted availability. Limitations in accessibility resulting from serious disruptions to the network, servers, or third-party software may lead to restricted or interrupted availability.
5.2.1. Final Reminder: If the customer does not pay the final reminder, their hosting account will be suspended for 10 days. To reactivate the account, a prepayment of CHF 200 is required. If the customer does not leave a written notice with Outwork SH.P.K within another 10 days (total of 20 days after the initial suspension), the data will be permanently deleted and cannot be restored. Outwork SH.P.K is not liable for any damages resulting from the loss of data in this case.
5.2.3. DNS Changes: Making changes to the DNS entries of your domain will automatically deactivate your domain on our servers. After 30 days, your domain and all associated content, including emails, will be permanently deleted. Please note that Outwork SH.P.K assumes no liability for the loss of your data. Deleted data cannot be recovered.
5.2.4. Mass Emails: Sending mass emails (newsletters) from iMATRIX Management Server is not allowed. In case of a violation of this rule, the affected domain hosting will be immediately suspended. To reactivate hosting, a prepayment of CHF 200 is necessary. In case of a repeated violation of this rule, domain hosting will be completely suspended from the iMATRIX server, and all data will be removed. Outwork SH.P.K is not liable for any damages resulting from the loss of data in this case.
5.2.5. Additional Services: The customer has the option to subscribe to additional service packages or avail hourly services from Outwork SH.P.K. The current offering of service packages and their scope is described on the platform. The restoration of the website after hacker attacks, etc., will be invoiced to the customer based on effort and the applicable rates of Outwork SH.P.K unless explicitly included in the package price.
5.2.6. iMATRIX is not obligated to review the content of the customer in this regard.
Regarding Fair Use, i.e., the excessive or unnecessary use of the subscription is avoided (e.g., mass mailing, unsolicited advertising emails, pure download pages, etc.):
No circulars or mass mailings (mailing actions) via Electronic Mail using email addresses of its domain.
Regular monitoring of access to its personal electronic mailbox (e-mail).
iMATRIX reserves the right to block the customer’s web hosting service immediately at the customer’s expense in case of abusive usage. This also applies if there is no actual legal claim.
Abusive usage includes, in particular, the non-compliance with the specified contractual obligations of the customer. Especially WordPress and module updates must be performed monthly. The block remains in place until the respective situation is clarified, or the customer provides evidence of the actual harmlessness of the content.
iMATRIX also reserves the right to block the customer’s web hosting service at the customer’s expense if their user behavior in any way (chat, forum, etc.) impairs the server’s operation. Claims by iMATRIX for compensation for all resulting direct and indirect damages, including financial damages, expressly remain reserved in any case of abusive use of the web hosting service or violation of the terms and conditions.
6. Customer’s Obligations to Cooperate
The customer is obliged to actively participate in the development and completion of the website according to the instructions of Outwork SH.P.K or Outwork SH.P.K. The customer undertakes to adhere to specified deadlines and inform Outwork SH.P.K or Outwork SH.P.K in advance in case of anticipated non-compliance. Requests from Outwork SH.P.K or Outwork SH.P.K to the customer, whether regarding required materials or other matters, must be answered within the deadline specified by Outwork SH.P.K or Outwork SH.P.K. In case of exceeding deadlines by the customer, Outwork SH.P.K or Outwork SH.P.K is entitled to postpone delivery dates accordingly.
After the handover of the homepage/website, the customer is required to perform suitable function tests and report any defects affecting assured properties within 8 calendar days with a detailed description of the defects to Outwork SH.P.K or Outwork SH.P.K. A defect is a circumstance that either significantly contributes to a malfunction or impairs the essential function of the homepage/website. Defects not caused by Outwork SH.P.K or Outwork SH.P.K, such as disruptions in the internet service provider or other failures of services used by Outwork SH.P.K, are excluded from this warranty. Defects reported to Outwork SH.P.K in a timely manner will be rectified as soon as possible. If no timely defect notification is made, the homepage/website is deemed approved. Changes after acceptance of the concept or design are subject to charges.
8. Compensation and Payment Terms
The package prices for creating the website and annual costs as shown on the platform and in the order apply.
Any additional activities not included in the package price will be carried out at the hourly rate specified on the platform.
The customer undertakes to pay 50% of the due compensation as an advance payment immediately after the contract is concluded. Outwork SH.P.K or Outwork SH.P.K begins the performance only after the payment of the first installment. The remaining 50% must be paid no later than 14 calendar days after the demo site is published.
In case of late payment, Outwork SH.P.K or Outwork SH.P.K charges a reminder fee of CHF 20.00 and is entitled to demand default interest of 5% p.a. on the amount due. The customer acknowledges that, in the event of legal proceedings, Outwork SH.P.K or Outwork SH.P.K is entitled to engage a debt collection agency, and additional costs may be incurred for the customer. Outwork SH.P.K or Outwork SH.P.K is entitled to not publish or temporarily disable the website, licenses, or outsourcing personnel through Outwork SH.P.K until the open invoice is fully settled without prior notice.
In the event of a contract extension (see Clause 4), the full compensation for the extended contract period must be paid within 14 calendar days after its commencement.
Outwork SH.P.K or Outwork SH.P.K is only liable for damages caused by Outwork SH.P.K or Outwork SH.P.K, its legal representatives, or one of its vicarious agents in a grossly negligent or intentional manner. Outwork SH.P.K or Outwork SH.P.K is not liable for loss or damage to the documents, images, and information received from the customer, which were handed over for the design of an individual web presence.
The customer is aware that, despite careful software development and maintenance, errors can occur, so Outwork SH.P.K or Outwork SH.P.K cannot guarantee the complete achievement of all expected goals. Outwork SH.P.K or Outwork SH.P.K is not liable for defects and malfunctions that it is not responsible for, especially not for security defects and operational failures of third-party companies with which Outwork SH.P.K or Outwork SH.P.K cooperates or on which it depends.
Furthermore, Outwork SH.P.K or Outwork SH.P.K is not liable for force majeure, improper actions, and disregard of risks by the customer or third parties, as well as excessive use, unsuitable operating resources of the customer or third parties, extreme environmental influences, interventions by the customer, or disruptions by third parties (viruses, hacker attacks, worms, etc.), which happen despite the necessary, current security measures. Outwork SH.P.K or Outwork SH.P.K is not liable for damages incurred by the customer because they passed on the password, thereby providing unauthorized access to the website, emails, or the private area of the customer’s website.
The suitability of the products offered by the provider for the customer is the responsibility of the customer to decide. The provider is not liable for its hardware and software not meeting the customer’s requirements or not being compatible with specialized, non-common applications. Outwork SH.P.K or Outwork SH.P.K also assumes no liability for damages incurred by the customer due to the content of their website or the transmission of the relevant information on the internet.
10. Intellectual Property
The copyrights to all works created by Outwork SH.P.K or Outwork SH.P.K in the course of order processing (namely websites, scripts, programs, graphics, texts, images, licenses, outsourcing personnel) belong to Outwork SH.P.K or Outwork SH.P.K and are their intellectual property. The further use of these works requires explicit written permission from Outwork SH.P.K or Outwork SH.P.K, which may be subject to additional compensation. The customer is granted a corresponding right of use to these works, subject to the full payment of the agreed compensation. Reproduction or use of these works in other electronic or printed publications, especially on other websites, is not permitted without the express consent of Outwork SH.P.K or Outwork SH.P.K.
11. Data Protection
12. Changes to the Terms and Conditions and the Offer from Outwork SH.P.K or Outwork SH.P.K
Changes to these terms and conditions, as well as the offer from outwork-group.com, can be made by Outwork SH.P.K or Outwork SH.P.K at any time and at their discretion.
13. Final Provisions
If a provision of these terms and conditions is ineffective, the remaining provisions remain unaffected by this ineffectiveness. The ineffective provision will be replaced by one that, in an economically effective manner, most closely corresponds to the sense and purpose of the ineffective provision in a legally effective manner. The same applies to any regulatory gaps.
The exclusive place of jurisdiction is at the headquarters of Outwork SH.P.K.
Update: October 21, 2023