Terms and Conditions

DEFINITIONS

"CWE" means "Clockwork Eye Productions."

"Services" means any services provided by CWE

"Products" means any products supplied by CWE

"Buyer" means the client or customer


FORMATION OF CONTRACT


All goods and services sold/provided by CWE are supplied subject to these conditions, which shall be the sole terms, and conditions of any sale or supply by CWE to the buyer. No representative, agent or sales person has CWE's authority to vary, amend or waive any of these conditions on behalf of CWE and no amendment or addition to any of them shall be deemed to have been accepted unless accepted in writing by CWE.

The buyer may not transfer its rights or obligations under this contract to any other person, firm or company.

CWE may not change or add to any conditions unless it is reasonable to do so.


OWNERSHIP, IPR AND COPYRIGHT


CWE retain all intellectual property rights and copyright of the finalised products until full and final payment has been made by the client. This does not apply to the raw footage taken by CWE to complete the project and CWE reserves the right to retain intellectual property rights and copyright of these individual elements.

CHARGES

CWE reserve the right to alter costs, if reasonable to do so: The buyer will be notified before the work is completed.


DEPOSIT AND STAGED PAYMENTS


On all projects with a total value of over £600:

• A 50% non-refundable deposit is required prior to commencing the project, unless otherwise stated.

• The remaining 50% will be invoiced on completion of the project.

All payments must be made by or electronic transfer of the invoiced amount.

Where a time frame not exceeding 3 months has been agreed at the outset of the project: CWE reserve the right to charge for all work to date at the end of a 3 month period.


CANCELLATION CHARGES


CWE reserve the right to charge up to 100% of fees for crew time and expenses including refreshments where filming is cancelled within 48 hours of a shoot start time.

Where costs in either time or money have already been incurred, CWE reserve the right to charge up to 100% of the original quoted price, if a quotation is accepted and subsequently cancelled by the buyer.


VIDEO CREATORS CLUB MEMBERSHIP & AFFILIATE SCHEME


Video Creators Club Plus members are obligated to commit to a minimum of twelve monthly payments. Any cancellations before the end of the twelve month agreement will result in CWE pursuing any outstanding payments.


Video Creators Club Basic membership is a rolling monthly contract and members are free to cancel their membership at any time.


Any offers or promotional payments will cease if there is a break in membership. For example; if a member joins with a reduced rate offer then stops or cancels their membership for any period of time then, on re-joining, the previous offer will be null and void.


Affiliates will receive a 25% commission on any memberships that they generate for as long as the member is making payments. Affiliates will also receive a 25% commission on all courses that they sell, these will be one off payments.

All affiliate payments will be processed on the last day of each month.


MILEAGE


At September 2011 this is normally charged at £0.45/mile. Any increases in mileage charges will be notified to the client.

Exception to the mileage rate is in force for hire cars where the cost of the hire plus fuel and any insurance will be charged. CWE may choose to use a hire car if a special vehicle is required for filming or if the total cost of hiring plus fuel is less than the mileage charge.


CAR PARKING


Parking and other incidental costs will be charged on at cost.


LIABILITY


CWE will not be liable for:

• Any fault in their products caused by improper use.

• Misuse of anything whatsoever by the buyer, their employees or agents.

• Failure to provide service or product, caused by events outside their reasonable control.

• CWE cannot be held responsible for the impact of weather or other circumstances beyond the control of CWE.

• If filming is cancelled within 48 hours of a shoot due to circumstances beyond the control of CWE the client will still be liable for the cost of the full days shoot.

• Any loss or corruption of data, or damage to persons or property arising from the use of CWE products or services.

• CWE shall not be liable for any delay in or failure to perform any of its obligations under the contract if the delay or failure is caused by circumstances outside the reasonable control of CWE, and for any failure of any computer system, software or other equipment used by CWE or any of its suppliers to operate correctly as a result of the approach or advent of any date prior to, during or after the year 2000 shall be regarded as being outside the reasonable control of CWE.

• CWE shall under no circumstances be liable for any consequential loss (including loss of anticipated profits or third-party claims).

All recommendations and advice given by or on behalf of CWE are given for guidance only.


COURIERS


Will be charged at cost plus 10% to cover administration, handling and booking.


QUOTATIONS


Are valid for 30 days from the date on the quotation. While we make every effort to ensure they do not occur, errors and omissions are excepted.


EXCESS BAGGAGE


Where charged by an airline will be charged on at cost.


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