The following Terms and Conditions of Service apply to all products and services provided by Clockwork Bear.
All work is carried out by Clockwork Bear is on the understanding that the client has agreed to Clockwork Bears terms and conditions.
Copyright is retained by Clockwork Bear on all design and development work including words, pictures, ideas, visuals, illustrations and code unless specifically released in writing and after all costs have been settled. Once work has been paid and handed over copyright will be released, were appropriate
If a choice of design is presented, only one solution is deemed to be given by Clockwork Bear as fulfilling the contract. All other designs remain the property of Clockwork Bear, unless agreed in writing that this arrangement has been changed.
Clockwork Bear will provide each project a quotation. A copy of the written quotation is to be signed and dated by the customer to indicate acceptance and should be returned to Clockwork Bear. Alternatively and so not to delay a projects start, the client may send an official order in reply to the quotation which binds the client to accept Clockwork Bears terms and conditions. No work on a project will commence until either document has been received by Clockwork Bear.
Services charges will be provided by Clockwork Bear and will be set out in the written quotation that is provided to the customer. At the time of the customer's signed acceptance of this quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 50% of the quoted fee will become immediately due. Work on the project will not commence until Clockwork Bear has received this amount.
Charges for any additional services over and above a quotation will incur a non-refundable deposit of 50% of the new quoted fee will become immediately payable.The remaining of the new quotation is payable on completion of the quoted work.
The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to Clockwork Bear. Accounts which remain outstanding for 28 days after the date of invoice, will incur an extra charge of 4% per month of the outstanding amount. Payments may be made by cash, cheque or bank transfer. Publication and/or release of work done by Clockwork Bear on behalf of the client, may not take place before cleared funds have been received. Returned cheques will incur an additional fee of £50 per returned cheque. Clockwork Bear reserves the right to consider an account to be in default in the event of a returned cheque.
An account shall be considered default if it remains unpaid for 28 days from the date of invoice, or following a returned cheque. Clockwork Bear shall be considered entitled to remove Clockwork Bears and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries. Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay Clockwork Bear reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
By supplying text, images and other data to Clockwork Bear for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions.
The ownership of such materials will remain with the customer, or rightful copyright or trademark owner. Any artwork, images, or text supplied and/or designed by Clockwork Bear on behalf of the customer, will remain the property of Clockwork Bear and/or it's suppliers, unless expressly given to the customer in writting. The customer may request in writing from Clockwork Bear, the necessary permission to use materials (for which Clockwork Bear holds the copyright) in forms other than for which it was originally supplied, and Clockwork Bear may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Clockwork Bear, the customer grants Clockwork Bear permission to use this material freely in the pursuit of the design. Should Clockwork Bear, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Clockwork Bear to remove and/or replace the file on the site. The customer agrees to fully indemnify and hold Clockwork Bear free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.
The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of any project will be liable to a separate charge. The customer also agrees that Clockwork Bear holds no responsibility for any amendments made by any third party, before or after any work is published.