1. Scope of Application
Outslide LLC (“Outslide”, “we”/ “us”) provides a service for the creation, design and optimisation of presentations, documents and other products (“design service”). This service is offered through the websites www.outslide.com, for example. The following General terms and Conditions (“GTC”) apply between Outslide LLC and you (“customer”, “you”) in the version valid at the time of placement of the order.
2. Contractual Parties and Object of Contract
The design service comprises the creation and/or redesign of electronic presentation documents and/or other documents according to the specifications of the customer. To this end, various product packages are available to the customer. The type and scope of the design adjustments and other redesign work, as well as the file format, is specified by the customer through the booking options on one of the Outslide websites.
Subsequent changes to the order description require the express confirmation of the respective contractual partner in order to be effective.
The respective performance is considered to be provision of services, subject to other agreements. It shall be considered to be a work contract only if all contractual performance serves to achieve a concrete outcome. This sort of performance agreement must be explicitly established.
In addition, slidepress owes the customer services corresponding to the average industry type and quality.
3. Availability of the Design Service
Outslide makes the design service available in the agreed quality during business hours. Business hours are Monday to Friday from 9 am to 6 pm CET, with the exception of the maintenance window and statutory holidays. Maintenance may be carried out daily in each case between 12 midnight and 6 am CET, and as and when maintenance work is urgently required to safeguard operations (“maintenance window”). During business hours, the design service is available to the customer to 98 per cent per month (“agreed quality”). Outslide constantly endeavours to extend operation times.
4. Order Processing
Outslide is free in how it carries out the agreed individual contracts in terms of time and place.
Outslide is entitled to employ subcontractors in order to fulfil its contractual duties.
Outslide owes the customer services corresponding to the average industry type and quality. Outslide is entitled to cancel or terminate any individual order with immediate effect.
5. Conclusion of the contract / of the user relationship / Refund Policy
By clicking on the “Complete Purchase” button, the individual customer submits an offer to conclude a contract with Outslide in accordance with these GTC. The contract is first entered into through confirmation of the order or through the commencement of the actual implementation of the design services by Outslide.
Customers that have received written offers enter into a binding contractual agreement by signing the offer created by Outslide.
Only legal entities or commercial users may utilise the design service.
Customers may request a full refund up to 2 business days after receiving the first draft of their design. This refund will be no questions asked. After this period no refunds will be given. If a refund is requested there will be no transfer of rights of use to the customer.
6. Obligations of the customer and revisions
The customer is obligated to provide the content for the presentation documents via the Outslide website in the file format specified there.
The customer is obligated to inspect delivered work results immediately and to declare acceptance within 7 days in writing or with the help of the Outslide platform. If no declaration of acceptance is made, Outslide performance is deemed to be accepted upon expiry of this acceptance period.
If acceptance fails, the customer shall provide Outslide via the Outslide website with a list of all defects impeding acceptance. Outslide must then provide a defect-free and acceptable version of the respective performance/ respective service by a reasonable deadline. In the context of the inspection subsequent to this, only the recorded defects shall be inspected to the extent that their function can be inspected in isolation depending on the object.
The customer may not refuse acceptance on the basis of insignificant defects. However, this is dependent on the immediate elimination of the defect by Outslide. These defects must be listed individually in the acceptance protocol.
The customer is entitled to unlimited revisions according to Outslides fair use policy. This means that the customer is able to request unlimited revisions within a 14 day period after delivering the final draft with a final revision request to be filed on day 14 but not after. Outslide strives to process each revision request within 24 hours after requested by the customers whilst considering the business hours mentioned in these T&C’s.
Communication between the customer and Outslide shall be exclusively via the communication channels specified on the Outslide websites.
7. Legal Obligations to Cooperate
The customer must ensure that the content provided by him is free from the rights of third parties and that its publication does not violate applicable law in any way. Such content and its sources as are recommended or suggested to the customer by Outslide in regard to the fulfilment of its duties are also included in the contents provided.
Should a third party assert claims against Outslide for the infringement of rights or other legal violations, Outslide shall inform the customer immediately. In this case, the customer is entitled to assume the defence and shall indemnify Outslide from all claims and damages.
8. Scope of transferred rights of use
Outslide transfers to the customer the rights of use to its work results (hereinafter referred to as “copyrightable services”) that are necessary for the respective purpose of the performance in the scope of use, for the duration and in the geographical scope of application pursuant to the order specification. Unless otherwise agreed simple right of use is transferred in each case with the exception of a refund request. (See refund policy)
The rights of use to the copyrightable services are first transferred upon successful and final delivery of the requested service. Combined with full payment for these by the customer.
Outslide is entitled to name the customer as a reference with a summary of the results achieved, subject to any confidentiality obligations or agreements to the contrary.
For the provision of the design service, Outslide receives remuneration in accordance with the booking option selected by the customer on the website or an individual offer made by Outslide. Outslide requires full pre-payment for any individual orders.
For any offers made to non direct website clients (such as but not limited to accelerators/incubators) and any type of other non direct client coming through any of Outslide's online platforms: 30% of the remuneration is due upon placement of the order, and the remaining 70% is due upon completion of the project. Allotment of pitch decks needs to be requested and allocated by a specific date mentioned in the signed agreement. Any unused decks/slides after this date will be considered forgo by the client - without exception
For this purpose, Outslide is entitled to automatically charge a method of payment registered by the customer (e.g. credit card, PayPal, SEPA direct debit mandate) and, where necessary, to authorise a reasonable additional amount for further services. Other methods of payment may be agreed in writing between the contractual parties such as a 15 day payment term after completion of the project.
Unless otherwise expressly arranged, all stated amounts are net amounts, i.e. are subject to statutory VAT.
If the contract is terminated prematurely or not used in full, Outslide is entitled to the full remuneration corresponding to the services provided in the contract. The customer agrees to a maximum contract duration of 6 weeks per pitch deck.
Outslide, its legal representatives and vicarious agents are liable for (i) intent and gross negligence, (ii) injury to life, limb or health, (iii) maliciously concealed defects, and (iv), in the case of the assumption of a guarantee, in accordance with the statutory provisions.
In the case of slight negligence, Outslide is only liable for the breach of essential contractual obligations, limited to foreseeable damages typical of the contract. Essential contractual obligations are those obligations whose fulfilment is a prerequisite for enabling the proper execution of the contract in the first place and on whose fulfilment the end user can normally rely.
Liability pursuant to the Product Liability Act remains unaffected.
Otherwise, liability by Outslide is excluded.
11. Data protection
12. Final provisions
Unless otherwise agreed, the customer can submit all statements to Outslide by email or by post to Outslide:
30 N Gould ST
Sheridan WY 82801
United States of America
These GTC apply exclusively to the relationship between Outslide and the customer for all design services carried out via the Outslide website. The inclusion of general terms and conditions of the customer is expressly rejected.
Should individual provisions of these GTC be invalid, this does not affect the validity of the remaining provisions. The contractual parties shall endeavour to find a provision that comes closest to the legal and economic goal of the contract to replace the invalid provision.
The customer can only offset claims by Outslide with undisputed or legally established counterclaims.
Turkish law shall apply.