Terms and Conditions

Terms and Conditions

TERMS and CONDITIONS

By using this Website and in consideration of gaining access to the Website’s contents provided by Clockwork (ACN 162 174 996), you agree to the following Terms and Conditions.  These Terms and Conditions may be changed by Clockwork without any notice.  Clockwork recommends that you read the Terms and Conditions before proceeding, as this will be deemed as acceptance of the Terms and Conditions.

Copyright & Trade Marks:   

Unless explicitly identified otherwise, all intellectual property on the Website is owned by, or licensed to Clockwork.

The Intellectual Property includes, but is not limited to, all audio, video, photos, designs, layout, texts, images, techniques, logos and trade marks as displayed on the Website.

Except for the purposes of viewing the Website, the Intellectual Property may not be reproduced, transmitted, adapted, distributed, sold, licensed, modified, published or stored by you, unless with the copyright holder’s prior written consent.

Third Party Websites:

The Website may link or refer to third party websites that are not owned by or managed by Clockwork (i.e. social media sites including Facebook, Twitter, LinkedIn or Instagram).  By engaging in Clockwork’s social media platform and groups, you agree to comply with these Terms and Conditions.

Third Party Contractors:

From time to time, dependent on the work required, Clockwork may, as agent for the Client directly or indirectly engage the services of another contractor ("Third Party Contractor") to carry out all, or part of the requested work. Clockwork shall pay the charges of Third Party Contractors on the Client's behalf and pass these charges on to the Client.

Clockwork will take all reasonable care in selecting and instructing a Third-Party Contractor. While reasonable care will be taken, Clockwork has no control over the activities of the Third-Party Contractor and therefore, except as otherwise provided in the Australian Consumer Law, accepts no responsibility for the goods provided to the Client by any such Third-Party Contractor, or for any errors or omissions in its services or products.

Agency arrangements:

If the Client contracts Clockwork on behalf of any other person i.e. other than for the Client personally, the Client warrants that they are authorized to enter into a contract on behalf of such person and that the Client will be liable for all costs irrespective of whether or not the details of such other person are disclosed to Clockwork.

The Client agrees to indemnify Clockwork against any claim (of any nature) by any Client of the Client which arises as a direct or indirect consequence of the Client's use, or inability or unwillingness to use, the material delivered by Clockwork to the Client.

Payment Terms:

All Invoices will be payable COD unless prior credit arrangements have been agreed with Clockwork.

Any credit arrangements will require Clockwork’s Credit Application form to be completed and approved. Any credit provided to a Client must be paid in full within 30 days from the date of the Invoice.

If you are not an individual, you will designate one or more persons who have the authority, on behalf of your company, to request work to be carried out by us and you agree that our charges for such Projects will be paid.

 

Costs and Fees:

All prices are based on work specified in Clockwork’s Quotation and/or Proposals and/or further instructions given by the Client. The Client will be liable for any goods and services tax payable on the supply of Goods and/or Services by Clockwork to the Client. Goods and services tax will be charged in addition to costs and fees and will be itemized in the Invoices.

Delivery:

Clockwork shall notify the Client when the Goods are ready for collection.

The Client must collect the Goods from Clockwork’s premises upon being notified that the Goods are ready for collection. If Clockwork agrees to deliver the Goods, the Client shall bear all freight and charges of such delivery.

Confidentiality:

The Client must keep confidential and must not (without Clockwork’s written consent) use any ideas, systems or processes, intellectual property communicated or made available by Clockwork to the Client. Similarly, Clockwork agrees to maintain the confidentiality of the Client in all confidential materials supplied by the Client to Clockwork for the purpose of the Project.

Title:

All goods remain the property of Clockwork until full payment is received.

Ownership of and title to the Goods and/or Services contained in any work produced delivered to the Client under any contract between Clockwork and the Client, shall not pass to the Client until payment in full of all Invoices and sums due to Clockwork has been made.

Force Majeure:

Clockwork will not be liable for any loss, damage or expense suffered or incurred by the Client where such loss is occasioned by any cause beyond Clockwork’s reasonable control, including and without limiting the generality of the foregoing, by war, insurrection, terrorism, fires, floods, strikes, lockouts, delays in transport, breakdowns in machinery, or the inability or failure of a supplier to supply necessary materials.

Governing law and jurisdiction:

These Terms and Conditions are governed by the law in force in the State of Western Australia and the parties submit to the jurisdiction of the courts of that State in respect of any proceedings in connection with these Terms and Conditions.

If any provision of these Terms and Conditions is deemed to conflict with legislation by a court with jurisdiction over the parties, the said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain valid and applicable.

We may from time to time edit and update these terms and conditions by posting the changes to our web site (www.clockworkprint.com.au), and you agree that such changes shall replace conflicting terms of these conditions as of the date of posting.

Bruce & Wendy Hawley

Directors