Terms & Conditions

Outsource2day is registered as a Ltd Company in the Republic of Ireland under company number 607921.

By using our website, you imply that you accept our terms and conditions and agree to abide by them.

Last update to these T&C Monday 5^th February 2018 by Company Director.

Outsource2day is an online platform that enables Businesses (Buyers) and Service Providers/ Freelancers (Suppliers) to connect.

Services

Services offered by Suppliers are based on hourly rates or fixed project rates. These are collectively referred to in these terms as “Project”. It is at the discretion of both Supplier/Buyer whether a Project is offered/accepted.

Services are provided by Suppliers directly to Buyers where both parties determine the price, delivery timeframe and all other requirements associated with completing the Project. Outsource2day acts as a platform to facilitate this process only & takes no responsibility for the agreed terms between a Buyer and Supplier.

Once a “Project” has been awarded to Supplier by Buyer, both parties communicate directly with each other outside the online platform of Outsource2day.

In accepting a Project, a Supplier agrees to deliver work within the delivery times agreed with the Buyer as agreed in their own terms & conditions of service. Suppliers must complete their Projects and Buyers agree to pay for work delivered

Buyers agree not to contact Suppliers directly with the intention of requesting a proposal for a Project without first uploading the Project onto the platform.

Suppliers agree to inform Outsource2day where they have received direct contact from a Buyer requesting a proposal directly who have not followed the correct process of using the platform to upload a Project.

Where either Supplier or Buyer are found to engage in the above activity their accounts will be deactivated without reimbursement of fees paid.

Where a Buyer engages the service of a Supplier within a period of 12 months outside the realm of the platform a finder’s fee will be payable by the Buyer at a fee of €1,000.00 + vat.

Payments

All payments for Projects are to be made directly from the Buyer to the Supplier based on the terms & conditions agreed between both parties.

The Supplier is responsible for issuing of invoices and follow up for payments rendered.

Outsource2day is not responsible for any financial transactions arrangements agreed between the Supplier & Buyer as this is outside the scope of the platform.

Rights

Once payment has been made by the Buyer and received by the Supplier, the Buyer is granted all rights for the delivered work.

Contacting

For purposes of service messages, notices, offers and news about Outsource2day, Users receive alerts on certain pages and emails to the email addresses associated with their accounts. Users can easily unsubscribe from any email notification using an unsubscribe link found at the end of any email as well as their Settings page.

User accounts

To access the full Outsource2day site, Users must register for an account, provide accurate and complete information, and keep their account information updated. Both Buyers and Suppliers undergo the same account registration process. Outsource2day reserves the right to refuse access to persons who register if the User cannot confirm that they are a registered business located on in the Republic of Ireland.

Each account must be a personal account, with no reference to a trading name be it a sole trader, company or any other legal entity (whether incorporated or unincorporated).

Users cannot register for more than one account. Should a Supplier wish to use the platform to upload a Project (as a Buyer) they cannot register as a Buyer but can request Outsource2day to upload the Project on their behalf.

The information that Users supply in the public profile of their account must comply with Outsource2day profile policies.

Outsource2day reserve the right to restrict your access, temporarily or indefinitely block your account, warn other Buyers and Suppliers of your actions or issue you a warning if:

a) you breach the letter or spirit of these terms and conditions or the referenced policies;
b) we are unable to verify or authenticate any information you provide to us;
c) we believe that your actions may cause any loss or liability to our Users or to Outsource2day Ltd.

Once a User account has been approved by Outsource2day and gone live, Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person’s user account or registration information for the Website.

Project delivery

Per Hour Rate / Fixed Price / Price per Item

The Suppliers payment for Projects are either agreed as per hour, fixed price or price per item rate for the Project.

a) for a per hour rate Project, the Buyer agrees to pay the Supplier based on the time spent, not on the real or perceived quality of any deliverables provided. The Supplier must provide the Buyer, if requested by the Buyer with a breakdown of their billed hours as evidence;

b) for a fixed priced Project, the Buyer agrees to pay the Supplier based on deliverables. The parties should agree upfront whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed, then the fixed priced project will only be invoiced on full completion of all deliverables.

c) for price per item Project the Buyer agrees to pay the Supplier for all items delivered.

Scope of Delivery

The Buyer is required to provide details of their requirements to enable the Supplier to draw up a service contract outlining the price, delivery timeframe and all other requirements associated with completing the Project prior to commencement of Project.

These requirements should include (but not be limited to):

a) timeframe for delivery of the Project or milestones;
b) description of any subjective elements of the Project like aesthetics providing similar examples;
c) breakdown of all expected deliverables;
d) any other expectations for the work.

Once the service contract has been agreed by both Buyer and Supplier, Supplier can commence work on project outside the realms of Outsource2day.

– The Supplier agrees to provide regular progress updates to the Buyer.

– The Supplier agrees to complete the Project within the delivery timescales indicated in service contract unless delays arise due to actions made by Buyer resulting in timescales been missed.

– If missing a previously agreed deadline is unavoidable then the Supplier must inform the Buyer immediately and provide a revised delivery date.

– Failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may mean the Buyer requests a cancellation of the fixed priced.

– Late or non-delivery of Project will negatively affect the Suppliers rankings on Outsource2day.

– If the Buyer is not satisfied with the deliverables they must provide the Supplier with detailed feedback on what work remains outstanding within a seven (7) day period from date of receipt of Project (or at agreed milestone reached). The Supplier must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Buyer.

– Outsource2day recommends that a record of all direct communication between Buyer and Supplier is kept by both parties in case of a Dispute.

Once the Project has been completed and payment to Supplier has been made in full, Outsource2day will contact Buyer requesting feedback for the Supplier.

Quality

All Suppliers on Outsource2day must strive to deliver a high standard of work, appropriately meeting their Buyer’s needs.

Specifically, Suppliers must ensure that all deliverables are:

a) error free;
b) fully address each of the Buyer’s defined requirements;
c) are a complete set of deliverables as defined in the description or as agreed in the service contract;
d) a standard consistent with the level of expertise indicated in the Suppliers profile and proposals.

General Agreement between Buyer & Supplier

The Buyer and Supplier decide on the type of Project, Per Hour, custom or fixed price. They determine the terms and conditions of “Projects” including deliverables, any specific requirements, and for “Projects” the price, directly between them. The Buyer and Supplier create a direct service contract between themselves and Outsource2day are not party to that contract (‘the Service Contract’).

Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a Project and any intellectual property rights therein, will be assigned to the Buyer upon successful payment to the Supplier. If the Buyer and Supplier wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Buyer and Supplier should negotiate and document these terms in the Service Contract.

Subject to variation in the Service Contract, the terms and conditions of each Project shall be deemed to incorporate a term that in consideration of the fee paid for the Project the Supplier thereby assigns to the Buyer absolutely with full title guarantee the following rights throughout the world:

a) the entire copyright and all other rights copyright subsisting in the Project;

b) any database right subsisting in the Project and

c) all other rights in the Project of whatever nature, whether now known or created in the future, to which the Supplier is now, or at any time after the date of commencement of the Project may be, entitled by virtue of the laws in force in the Republic of Ireland.

In each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of Commencement of the Project.

Buyer & Supplier promise that:

a) you can pay for the services if you are a Buyer and perform the services if you are a Supplier;
b) you are not in breach of any applicable laws, rules or regulations or obligations to any other person;
c) you have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and social insurance;
d) you shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, Project, or Proposal on or through the services Outsource2day provide, including without limitation any User content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

Leaving Feedback

When the Project is completed, and the Supplier has been paid by the Buyer, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User’s ranking on Outsource2day.

Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to Outsource2day.

Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

Cancellations

Cancellation of a Project

After the Commencement of a Project, the Buyer or Supplier may request a cancellation:

a) the requestor must notify the other party of the cancellation in writing.
b) if the Buyer fails to notify the Supplier in writing that they wish to

cancel the Project and the Project is subsequently completed, the Buyer must pay for the service delivered in accordance with these terms and conditions.

Once notified of a cancellation:

a) the Supplier should stop working on the Project immediately;
b) the parties should agree in writing what payment is necessary for any work completed (or time spent, if it is a per hour Project).

Outsource2day encourage both Suppliers and Buyers to try and resolve any disagreements between themselves. Outsource2day is not liable for any disputes that may arise between Supplier & Buyer as the service provided is outside the realm of Outsource2day platform. Outsource2day acts as a facilitating platform enabling Buyers to outsource Projects to Suppliers who provide a service required to complete the Project.

Users agree and accept that Outsource2day acts in good faith and Users shall have no cause of action against Outsource2day (whether in contract, tort or otherwise). Users further agree and accept that they have no right to seek to hold Outsource2day liable for a Buyer or Suppliers alleged actions or failures.

Outsource2day Fees

Buyer Fees

Outsource2day provide an option of services charged at a set rate per project dependent on the requirements of the Buyer.

We withhold the right to add transaction fees in the future. These changes will be reflected in updated terms issued by us, which will apply to any transactions which take place after the updated fees come into force.

Supplier fees

Outsource2day charges a standard annual fee for all Suppliers that register and are accepted onto this website.

General terms of website use

The Outsource2day terms of website use define how Users may make use of Outsource2day whether as a guest or a registered user. They contain the heavy but important stuff so please read them carefully.

Privacy Statement

By proceeding to use the Outsource2day service Users consent that Outource2day may process the personal data (including sensitive personal data) that Outsource2day collects from them in accordance with the Outsource2day Privacy Policy.

Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Ireland. The courts of the Republic of Ireland shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

Related Policies

The following policies are part of these terms and conditions and should be read carefully:

Terms of website use

Project posting policies

Profile policies

Definitions
In these terms and conditions:

‘Buyer’ means a person buying services from a Supplier on Outsource2day;

‘Content’ means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through Outsource2day;

‘Guest’ means an unregistered user of Outsource2day

‘Project’ means a piece of work that a Supplier and Buyer agree via Outsource2day is to be provided by the Supplier to the Buyer. Project refers to work either agreed when a Proposal by a Supplier is accepted by the Buyer.

‘Outsource2day’ means the website with the domain name www.outsource2day.com or Outsource2day Limited as the context so requires;

‘Proposal’ means an offer made by a Supplier to a Buyer to provide a custom job and which must contain a fee quotation;

‘Supplier’ means a person selling services to a Buyer via Outsource2day;

‘User’ means any registered person who uses Outsource2day;

‘User Content’ means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via Messenger option. User Content does not include any materials or deliverables, or intellectual property therein arising from a Project, which shall be assigned to the Buyer on successful payment for the Project. User Content is the sole responsibility of the person who originated it;

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